Laws

by Plato

BOOK VIII. Next, with the help of the Delphian Oracle, we will appoint festivals and sacrifices. There shall be 365 of them, one for every day in the year; and one magistrate, at least, shall offer sacrifice daily according to rites prescribed by a convocation of priests and interpreters, who shall co-operate with the guardians of the law, and supply what the legislator has omitted. Moreover there shall be twelve festivals to the twelve Gods after whom the twelve tribes are named: these shall be celebrated every month with appropriate musical and gymnastic contests. There shall also be festivals for women, to be distinguished from the men's festivals. Nor shall the Gods below be forgotten, but they must be separated from the Gods above—Pluto shall have his own in the twelfth month. He is not the enemy, but the friend of man, who releases the soul from the body, which is at least as good a work as to unite them. Further, those who have to regulate these matters should consider that our state has leisure and abundance, and wishing to be happy, like an individual, should lead a good life; for he who leads such a life neither does nor suffers injury, of which the first is very easy, and the second very difficult of attainment, and is only to be acquired by perfect virtue. A good city has peace, but the evil city is full of wars within and without. To guard against the danger of external enemies the citizens should practise war at least one day in every month; they should go out en masse, including their wives and children, or in divisions, as the magistrates determine, and have mimic contests, imitating in a lively manner real battles; they should also have prizes and encomiums of valour, both for the victors in these contests, and for the victors in the battle of life. The poet who celebrates the victors should be fifty years old at least, and himself a man who has done great deeds. Of such an one the poems may be sung, even though he is not the best of poets. To the director of education and the guardians of the law shall be committed the judgment, and no song, however sweet, which has not been licensed by them shall be recited. These regulations about poetry, and about military expeditions, apply equally to men and to women.

The legislator may be conceived to make the following address to himself:—With what object am I training my citizens? Are they not strivers for mastery in the greatest of combats? Certainly, will be the reply. And if they were boxers or wrestlers, would they think of entering the lists without many days' practice? Would they not as far as possible imitate all the circumstances of the contest; and if they had no one to box with, would they not practise on a lifeless image, heedless of the laughter of the spectators? And shall our soldiers go out to fight for life and kindred and property unprepared, because sham fights are thought to be ridiculous? Will not the legislator require that his citizens shall practise war daily, performing lesser exercises without arms, while the combatants on a greater scale will carry arms, and take up positions, and lie in ambuscade? And let their combats be not without danger, that opportunity may be given for distinction, and the brave man and the coward may receive their meed of honour or disgrace. If occasionally a man is killed, there is no great harm done—there are others as good as he is who will replace him; and the state can better afford to lose a few of her citizens than to lose the only means of testing them.

'We agree, Stranger, that such warlike exercises are necessary.' But why are they so rarely practised? Or rather, do we not all know the reasons? One of them (1) is the inordinate love of wealth. This absorbs the soul of a man, and leaves him no time for any other pursuit. Knowledge is valued by him only as it tends to the attainment of wealth. All is lost in the desire of heaping up gold and silver; anybody is ready to do anything, right or wrong, for the sake of eating and drinking, and the indulgence of his animal passions. 'Most true.' This is one of the causes which prevents a man being a good soldier, or anything else which is good; it converts the temperate and orderly into shopkeepers or servants, and the brave into burglars or pirates. Many of these latter are men of ability, and are greatly to be pitied, because their souls are hungering and thirsting all their lives long. The bad forms of government (2) are another reason—democracy, oligarchy, tyranny, which, as I was saying, are not states, but states of discord, in which the rulers are afraid of their subjects, and therefore do not like them to become rich, or noble, or valiant. Now our state will escape both these causes of evil; the society is perfectly free, and has plenty of leisure, and is not allowed by the laws to be absorbed in the pursuit of wealth; hence we have an excellent field for a perfect education, and for the introduction of martial pastimes. Let us proceed to describe the character of these pastimes. All gymnastic exercises in our state must have a military character; no other will be allowed. Activity and quickness are most useful in war; and yet these qualities do not attain their greatest efficiency unless the competitors are armed. The runner should enter the lists in armour, and in the races which our heralds proclaim, no prize is to be given except to armed warriors. Let there be six courses—first, the stadium; secondly, the diaulos or double course; thirdly, the horse course; fourthly, the long course; fifthly, races (1) between heavy-armed soldiers who shall pass over sixty stadia and finish at a temple of Ares, and (2) between still more heavily-armed competitors who run over smoother ground; sixthly, a race for archers, who shall run over hill and dale a distance of a hundred stadia, and their goal shall be a temple of Apollo and Artemis. There shall be three contests of each kind—one for boys, another for youths, a third for men; the course for the boys we will fix at half, and that for the youths at two-thirds of the entire length. Women shall join in the races: young girls who are not grown up shall run naked; but after thirteen they shall be suitably dressed; from thirteen to eighteen they shall be obliged to share in these contests, and from eighteen to twenty they may if they please and if they are unmarried. As to trials of strength, single combats in armour, or battles between two and two, or of any number up to ten, shall take the place of wrestling and the heavy exercises. And there must be umpires, as there are now in wrestling, to determine what is a fair hit and who is conqueror. Instead of the pancratium, let there be contests in which the combatants carry bows and wear light shields and hurl javelins and throw stones. The next provision of the law will relate to horses, which, as we are in Crete, need be rarely used by us, and chariots never; our horse-racing prizes will only be given to single horses, whether colts, half-grown, or full-grown. Their riders are to wear armour, and there shall be a competition between mounted archers. Women, if they have a mind, may join in the exercises of men.

But enough of gymnastics, and nearly enough of music. All musical contests will take place at festivals, whether every third or every fifth year, which are to be fixed by the guardians of the law, the judges of the games, and the director of education, who for this purpose shall become legislators and arrange times and conditions. The principles on which such contests are to be ordered have been often repeated by the first legislator; no more need be said of them, nor are the details of them important. But there is another subject of the highest importance, which, if possible, should be determined by the laws, not of man, but of God; or, if a direct revelation is impossible, there is need of some bold man who, alone against the world, will speak plainly of the corruption of human nature, and go to war with the passions of mankind. 'We do not understand you.' I will try to make my meaning plainer. In speaking of education, I seemed to see young men and maidens in friendly intercourse with one another; and there arose in my mind a natural fear about a state, in which the young of either sex are well nurtured, and have little to do, and occupy themselves chiefly with festivals and dances. How can they be saved from those passions which reason forbids them to indulge, and which are the ruin of so many? The prohibition of wealth, and the influence of education, and the all-seeing eye of the ruler, will alike help to promote temperance; but they will not wholly extirpate the unnatural loves which have been the destruction of states; and against this evil what remedy can be devised? Lacedaemon and Crete give no assistance here; on the subject of love, as I may whisper in your ear, they are against us. Suppose a person were to urge that you ought to restore the natural use which existed before the days of Laius; he would be quite right, but he would not be supported by public opinion in either of your states. Or try the matter by the test which we apply to all laws,—who will say that the permission of such things tends to virtue? Will he who is seduced learn the habit of courage; or will the seducer acquire temperance? And will any legislator be found to make such actions legal?

But to judge of this matter truly, we must understand the nature of love and friendship, which may take very different forms. For we speak of friendship, first, when there is some similarity or equality of virtue; secondly, when there is some want; and either of these, when in excess, is termed love. The first kind is gentle and sociable; the second is fierce and unmanageable; and there is also a third kind, which is akin to both, and is under the dominion of opposite principles. The one is of the body, and has no regard for the character of the beloved; but he who is under the influence of the other disregards the body, and is a looker rather than a lover, and desires only with his soul to be knit to the soul of his friend; while the intermediate sort is both of the body and of the soul. Here are three kinds of love: ought the legislator to prohibit all of them equally, or to allow the virtuous love to remain? 'The latter, clearly.' I expected to gain your approval; but I will reserve the task of convincing our friend Cleinias for another occasion. 'Very good.' To make right laws on this subject is in one point of view easy, and in another most difficult; for we know that in some cases most men abstain willingly from intercourse with the fair. The unwritten law which prohibits members of the same family from such intercourse is strictly obeyed, and no thought of anything else ever enters into the minds of men in general. A little word puts out the fire of their lusts. 'What is it?' The declaration that such things are hateful to the Gods, and most abominable and unholy. The reason is that everywhere, in jest and earnest alike, this is the doctrine which is repeated to all from their earliest youth. They see on the stage that an Oedipus or a Thyestes or a Macareus, when undeceived, are ready to kill themselves. There is an undoubted power in public opinion when no breath is heard adverse to the law; and the legislator who would enslave these enslaving passions must consecrate such a public opinion all through the city. 'Good: but how can you create it?' A fair objection; but I promised to try and find some means of restraining loves to their natural objects. A law which would extirpate unnatural love as effectually as incest is at present extirpated, would be the source of innumerable blessings, because it would be in accordance with nature, and would get rid of excess in eating and drinking and of adulteries and frenzies, making men love their wives, and having other excellent effects. I can imagine that some lusty youth overhears what we are saying, and roars out in abusive terms that we are legislating for impossibilities. And so a person might have said of the syssitia, or common meals; but this is refuted by facts, although even now they are not extended to women. 'True.' There is no impossibility or super-humanity in my proposed law, as I shall endeavour to prove. 'Do so.' Will not a man find abstinence more easy when his body is sound than when he is in ill-condition? 'Yes.' Have we not heard of Iccus of Tarentum and other wrestlers who abstained wholly for a time? Yet they were infinitely worse educated than our citizens, and far more lusty in their bodies. And shall they have abstained for the sake of an athletic contest, and our citizens be incapable of a similar endurance for the sake of a much nobler victory,—the victory over pleasure, which is true happiness? Will not the fear of impiety enable them to conquer that which many who were inferior to them have conquered? 'I dare say.' And therefore the law must plainly declare that our citizens should not fall below the other animals, who live all together in flocks, and yet remain pure and chaste until the time of procreation comes, when they pair, and are ever after faithful to their compact. But if the corruption of public opinion is too great to allow our first law to be carried out, then our guardians of the law must turn legislators, and try their hand at a second law. They must minimize the appetites, diverting the vigour of youth into other channels, allowing the practice of love in secret, but making detection shameful. Three higher principles may be brought to bear on all these corrupt natures. 'What are they?' Religion, honour, and the love of the higher qualities of the soul. Perhaps this is a dream only, yet it is the best of dreams; and if not the whole, still, by the grace of God, a part of what we desire may be realized. Either men may learn to abstain wholly from any loves, natural or unnatural, except of their wedded wives; or, at least, they may give up unnatural loves; or, if detected, they shall be punished with loss of citizenship, as aliens from the state in their morals. 'I entirely agree with you,' said Megillus, 'but Cleinias must speak for himself.' 'I will give my opinion by-and-by.'

We were speaking of the syssitia, which will be a natural institution in a Cretan colony. Whether they shall be established after the model of Crete or Lacedaemon, or shall be different from either, is an unimportant question which may be determined without difficulty. We may, therefore, proceed to speak of the mode of life among our citizens, which will be far less complex than in other cities; a state which is inland and not maritime requires only half the number of laws. There is no trouble about trade and commerce, and a thousand other things. The legislator has only to regulate the affairs of husbandmen and shepherds, which will be easily arranged, now that the principal questions, such as marriage, education, and government, have been settled.

Let us begin with husbandry: First, let there be a law of Zeus against removing a neighbour's landmark, whether he be a citizen or stranger. For this is 'to move the immoveable'; and Zeus, the God of kindred, witnesses to the wrongs of citizens, and Zeus, the God of strangers, to the wrongs of strangers. The offence of removing a boundary shall receive two punishments—the first will be inflicted by the God himself; the second by the judges. In the next place, the differences between neighbours about encroachments must be guarded against. He who encroaches shall pay twofold the amount of the injury; of all such matters the wardens of the country shall be the judges, in lesser cases the officers, and in greater the whole number of them belonging to any one division. Any injury done by cattle, the decoying of bees, the careless firing of woods, the planting unduly near a neighbour's ground, shall all be visited with proper damages. Such details have been determined by previous legislators, and need not now be mixed up with greater matters. Husbandmen have had of old excellent rules about streams and waters; and we need not 'divert their course.' Anybody may take water from a common stream, if he does not thereby cut off a private spring; he may lead the water in any direction, except through a house or temple, but he must do no harm beyond the channel. If land is without water the occupier shall dig down to the clay, and if at this depth he find no water, he shall have a right of getting water from his neighbours for his household; and if their supply is limited, he shall receive from them a measure of water fixed by the wardens of the country. If there be heavy rains, the dweller on the higher ground must not recklessly suffer the water to flow down upon a neighbour beneath him, nor must he who lives upon lower ground or dwells in an adjoining house refuse an outlet. If the two parties cannot agree, they shall go before the wardens of the city or country, and if a man refuse to abide by their decision, he shall pay double the damage which he has caused.

In autumn God gives us two boons—one the joy of Dionysus not to be laid up—the other to be laid up. About the fruits of autumn let the law be as follows: He who gathers the storing fruits of autumn, whether grapes or figs, before the time of the vintage, which is the rising of Arcturus, shall pay fifty drachmas as a fine to Dionysus, if he gathers on his own ground; if on his neighbour's ground, a mina, and two-thirds of a mina if on that of any one else. The grapes or figs not used for storing a man may gather when he pleases on his own ground, but on that of others he must pay the penalty of removing what he has not laid down. If he be a slave who has gathered, he shall receive a stroke for every grape or fig. A metic must purchase the choice fruit; but a stranger may pluck for himself and his attendant. This right of hospitality, however, does not extend to storing grapes. A slave who eats of the storing grapes or figs shall be beaten, and the freeman be dismissed with a warning. Pears, apples, pomegranates, may be taken secretly, but he who is detected in the act of taking them shall be lightly beaten off, if he be not more than thirty years of age. The stranger and the elder may partake of them, but not carry any away; the latter, if he does not obey the law, shall fail in the competition of virtue, if anybody brings up his offence against him.

Water is also in need of protection, being the greatest element of nutrition, and, unlike the other elements—soil, air, and sun—which conspire in the growth of plants, easily polluted. And therefore he who spoils another's water, whether in springs or reservoirs, either by trenching, or theft, or by means of poisonous substances, shall pay the damage and purify the stream. At the getting-in of the harvest everybody shall have a right of way over his neighbour's ground, provided he is careful to do no damage beyond the trespass, or if he himself will gain three times as much as his neighbour loses. Of all this the magistrates are to take cognizance, and they are to assess the damage where the injury does not exceed three minae; cases of greater damage can be tried only in the public courts. A charge against a magistrate is to be referred to the public courts, and any one who is found guilty of deciding corruptly shall pay twofold to the aggrieved person. Matters of detail relating to punishments and modes of procedure, and summonses, and witnesses to summonses, do not require the mature wisdom of the aged legislator; the younger generation may determine them according to their experience; but when once determined, they shall remain unaltered.

The following are to be the regulations respecting handicrafts:—No citizen, or servant of a citizen, is to practise them. For the citizen has already an art and mystery, which is the care of the state; and no man can practise two arts, or practise one and superintend another. No smith should be a carpenter, and no carpenter, having many slaves who are smiths, should look after them himself; but let each man practise one art which shall be his means of livelihood. The wardens of the city should see to this, punishing the citizen who offends with temporary deprival of his rights—the foreigner shall be imprisoned, fined, exiled. Any disputes about contracts shall be determined by the wardens of the city up to fifty drachmae—above that sum by the public courts. No customs are to be exacted either on imports or exports. Nothing unnecessary is to be imported from abroad, whether for the service of the Gods or for the use of man—neither purple, nor other dyes, nor frankincense,—and nothing needed in the country is to be exported. These things are to be decided on by the twelve guardians of the law who are next in seniority to the five elders. Arms and the materials of war are to be imported and exported only with the consent of the generals, and then only by the state. There is to be no retail trade either in these or any other articles. For the distribution of the produce of the country, the Cretan laws afford a rule which may be usefully followed. All shall be required to distribute corn, grain, animals, and other valuable produce, into twelve portions. Each of these shall be subdivided into three parts—one for freemen, another for servants, and the third shall be sold for the supply of artisans, strangers, and metics. These portions must be equal whether the produce be much or little; and the master of a household may distribute the two portions among his family and his slaves as he pleases—the remainder is to be measured out to the animals.