These provisions deserve notice as showing how largely Plato coincides with the prevalent Attic sentiment respecting family and relationship. He does not award the slightest preference to primogeniture, among brothers: he grants to agnates a preference over cognates: he regards it as a public misfortune that any house shall be left empty, so as to cause interruption of the sacred rites of the family: lastly, he ensures that the family, in default of lineal male heirs, shall be continued by inter-marriage with the nearest relatives — and he especially approves the marriage of an heiress with her paternal or maternal uncle. On these points Plato is in full harmony with his countrymen, though he dissents widely from modern sentiment.
Tutelage of Orphans — Disagreement of Married Couples — Divorce.
Respecting tutelage of orphans, he makes careful provision against abuse, as the Attic law also did: he tries also to meet the cases of family discord, where father and son are in bitter wrath against each other. A father may formally renounce his son, but not without previously obtaining the concurrence of a conseil de famille: if the father has become imbecile with age, and wastes his substance, the son may institute a suit as for lunacy, but not without the permission of the Nomophylakes.[432] Respecting disagreement between married couples, ten of the Nomophylakes, together with ten women chosen as supervisors of marriages, are constituted a Board of reference,[433] to obtain a reconciliation, if it be possible: but if this be impossible, then to divorce the couple, and unite each with some more suitable partner. The lawgiver must keep in view, as far as he can, to obtain from each married couple a sufficiency of children — that is, one male and one female child from each, whereby the total of 5040 lots may be kept up.[434] If a husband loses his wife before he has these two children, the law requires him to marry another wife: but if he becomes a widower, having already the sufficiency of children, he is advised not to marry a second wife (who will become stepmother), though not prohibited from doing so, if he chooses. So also, if a woman becomes a widow, not having the sufficient number of children, she must be compelled to marry again: if she already has the sufficient number, she is directed to remain in the house, and to bring them up. In case she is still young, and her health requires a husband, her relatives will apply to the Female Supervisors of Marriage, and will make such arrangements as may seem advisable.[435]
[432] Plato, Legg. xi. pp. 928-929.
[433] Plato, Legg. xi. pp. 929-930.
[434] Plato, Legg. xi. p. 930 D. παίδων δὲ ἱκανότης ἀκριβὴς ἄῤῥην καὶ θήλεια ἔστω τῷ νόμῳ.
[435] Plato, Legg. xi. p. 930 C.
Against neglect of aged parents by their children, Plato both denounces the most stringent legal penalties, and delivers the most emphatic reproofs: commending with full faith the ancient traditional narratives, that the curse of an offended parent against his sons was always executed by the Gods, as in the cases of Œdipus, Theseus, Amyntor, &c.[436] In the event of lunacy, he directs that the lunatic shall be kept in private custody by his relatives, who will be fined if they neglect the duty.[437]
[436] Plato, Legg, xi. p. 931-932.