Plato

“ He contrasts the activity and freedom and pleasantness of Athenian life with the immobility and severe looks and incessant drill of the Spartans. The citizens of no city were more versatile, or more readily changed from land to sea or more quickly moved about from place to place. They 'took their pleasures' merrily, and yet, when the time for fighting arrived, were not a whit behind the Spartans, who were like men living in a camp, and, though always keeping guard, were often too late for the fray. Any foreigner might visit Athens ”

“ No system of checks and balances, such as Plato has devised in the Laws, could have given equipoise and stability to an ancient state, any more than the skill of the legislator could have withstood the tide of democracy in England or France during the last hundred years, or have given life to China or India. ”

“ The rest of Hellas, says Thucydides, undertook the colonisation of Heraclea the more readily, having a feeling of security now that they saw the Lacedaemonians taking part in it. The Spartan state appears to us in the dawn of history as a vision of armed men, irresistible by any other power then existing in the world. It can hardly be said to have understood at all the rights or duties of nations to one another, or indeed to have had any moral principle except patriotism and obedience to commanders. ”

“ The average ability of the Athenian and Magnesian councillors could not have been very high, considering there were so many of them. And yet they were entrusted with the performance of the most important executive duties. In these respects the constitution of the Laws resembles Athens far more than Sparta. All the citizens were to be, not merely soldiers, but politicians and administrators. ”

“ The two great philosophers of Hellas sought to extricate themselves from this cruel condition of human life, but acquiesced in the necessity of it. A noble and pathetic sentiment of Plato, suggested by the thought of their misery, may be quoted in this place:--'The right treatment of slaves is to behave properly to them, and to do to them, if possible, even more justice than to those who are our equals; for he who naturally and genuinely reverences justice, and hates injustice, is discovered in his dealings with any class of men to whom he can easily be unjust. ”

“ In certain cases he was allowed to arrest an offender. He might even use violence to an abusive person. Any citizen who was not less than thirty years of age at times exercised a magisterial authority, to be enforced even by blows. Both in the Magnesian state and at Athens many thousand persons must have shared in the highest duties of government, if a section only of the Council, consisting of thirty or of fifty persons, as in the Laws, or at Athens after the days of Cleisthenes, held office for a month, or for thirty-five days only. ”

“ That such a mode of election should have been resorted to in any civilized state, or that it should have been transferred by Plato to an ideal or imaginary one, is very singular to us. The most extreme democracy of modern times has never thought of leaving government wholly to chance. ”

“ Men were so trained to act together that they lost the freedom and spontaneity of human life in cultivating the qualities of the soldier and ruler. The Spartan state was a composite body in which kings, nobles, citizens, perioeci, artisans, slaves, had to find a 'modus vivendi' with one another. All of them were taught some use of arms. The strength of the family tie was diminished among them by an enforced absence from home and by common meals. Sparta had no life or growth ”

“ That judges should sit at fixed times and hear causes in a regular order, that evidence should be laid before them, that false witnesses should be disallowed, and corruption punished, that defendants should be heard before they are convicted,--these are the rules, not only of the Hellenic courts, but of courts of law in all ages and countries. ”

“ Plato, like Aristotle, had in his mind some form of a mean state which should escape the evils and secure the advantages of both aristocracy and democracy. It may however be doubted whether the creation of such a state is not beyond the legislator's art, although there have been examples in history of forms of government, which through some community of interest or of origin, through a balance of parties in the state itself, or through the fear of a common enemy, have for a while preserved such a character of moderation. ”

“ The duty of having children is also enforced by a still higher motive, expressed by Plato in the noble words:--'A man should cling to immortality, and leave behind him children's children to be the servants of God in his place.' Again, as at Athens, the father is allowed to put away his undutiful son, but only with the consent of impartial persons (Telfy) , and the only suit which may be brought by a son against a father is for imbecility. The class of elder and younger men and women are still to regard one another, as in the Republic, as standing in the relation of parents and children. ”

“ The executive of Plato's Laws, like the Athenian, was different from that of a modern civilized state. The difference chiefly consists in this, that whereas among ourselves there are certain persons or classes of persons set apart for the execution of the duties of government, in ancient Greece, as in all other communities in the earlier stages of their development, they were not equally distinguished from the rest of the citizens. The machinery of government was never so well organized as in the best modern states. ”

“ We have seen him also in his decline, when the wings of his imagination have begun to droop, but his experience of life remains, and he turns away from the contemplation of the eternal to take a last sad look at human affairs. ”

“ The curious provision of Plato, that a stranger who has been banished for involuntary homicide and is subsequently wrecked upon the coast, must 'take up his abode on the sea- shore, wetting his feet in the sea, and watching for an opportunity of sailing,' recalls the procedure of the Judicium Phreatteum at Athens, according to which an involuntary homicide, who, having gone into exile, is accused of a wilful murder, was tried at Phreatto for this offence in a boat by magistrates on the shore. ”

“ It was an extension of the custom of Syssitia from which the ancient legislators shrank, and which Plato himself believed to be very difficult of enforcement.
Like Sparta, the new colony was not to be surrounded by walls,--a state should learn to depend upon the bravery of its citizens only--a fallacy or paradox, if it is not to be regarded as a poetical fancy, which is fairly enough ridiculed by Aristotle (Pol.) . Women, too, must be ready to assist in the defence of their country: they are not to rush to the temples and altars, but to arm themselves with shield and spear. ”

“ His political speculations lost their interest when the freedom of Hellas had passed away. Of all his writings the Laws were the furthest removed from the traditions of the Platonic school in the next generation. Both his political and his metaphysical philosophy are for the most part misinterpreted by Aristotle. The best of him--his love of truth, and his 'contemplation of all time and all existence,' was soonest lost; and some of his greatest thoughts have slept in the ear of mankind almost ever since they were first uttered. ”

“ They are the true self of the philosopher, stripped of the accidents of time and place. The great effort which he makes is, first, to realize abstractions, secondly, to connect them. In the attempt to realize them, he was carried into a transcendental region in which he isolated them from experience, and we pass out of the range of science into poetry or fiction. ”

“ Hence we are not surprised that the use of the lot prevailed, not only in the election of the Athenian Council, but also in many oligarchies, and even in Plato's colony. The evil consequences of the lot are to a great extent avoided, if the magistrates so elected do not, like the dicasts at Athens, receive pay from the state.
Another parallel is that of the Popular Assembly, which at Athens was omnipotent, but in the Laws has only a faded and secondary existence. In Plato it was chiefly an elective body, having apparently no judicial and little political power entrusted to it. ”

“ Plato, seeing the disorder into which half the human race had fallen at Athens and Sparta, is minded to frame for them a new rule of life. He renounces his fanciful theory of communism, but still desires to place women as far as possible on an equality with men. ”

“ Like some other countries in which small proprietors have been numerous, the original equality passed into inequality, and, instead of a large middle class, there was probably at Sparta greater disproportion in the property of the citizens than in any other state of Hellas. Plato was aware of the danger, and has improved on the Spartan custom. The land, as at Sparta, must have been tilled by slaves, since other occupations were found for the citizens. Bodies of young men between the ages of twenty-five and thirty were engaged in making biennial peregrinations of the country. ”

“ He admits that they have often been found better than brethren or sons in the hour of danger, and are capable of rendering important public services by informing against offenders--for this they are to be rewarded; and the master who puts a slave to death for the sake of concealing some crime which he has committed, is held guilty of murder. ”

“ There is a similar provision in the Laws. (d) False-witness was punished at Athens by atimia and a fine (Telfy) . Plato is at once more lenient and more severe: 'If a man be twice convicted of false-witness, he shall not be required, and if thrice, he shall not be allowed to bear witness; and if he dare to witness after he has been convicted three times,...he shall be punished with death.'
(2) Murder. (a) Wilful murder was punished in Athenian law by death, perpetual exile, and confiscation of property (Telfy) . ”

“ Plato never thinks of making the metic, much less the slave, a citizen. His treatment of the former class is at once more gentle and more severe than that which prevailed at Athens. He imposes upon them no tax but good behaviour, whereas at Athens they were required to pay twelve drachmae per annum, and to have a patron: on the other hand, he only allows them to reside in the Magnesian state on condition of following a trade ”

“ He enacts that 'when goods are exchanged by buying and selling, a man shall deliver them and receive the price of them at a fixed place in the agora, and have done with the matter,' and that 'he who gives credit must be satisfied whether he obtain his money or not, for in such exchanges he will not be protected by law. ”

“ Lying was forbidden in the agora both by Plato and at Athens (Telfy) . (b) Athenian law allowed an action of recovery against a man who sold an unsound slave as sound (Telfy) . Plato's enactment is more explicit: he allows only an unskilled person (i.e. one who is not a trainer or physician) to take proceedings in such a case. (c) Plato diverges from Athenian practice in the disapproval of credit, and does not even allow the supply of goods on the deposit of a percentage of their value (Telfy) . ”

“ The result of such an arrangement would be, as in the constitution of Servius Tullius, to give a disproportionate share of power to the wealthier classes, who may be supposed to be always much fewer in number than the poorer. This tendency was qualified by the complicated system of selection by vote, previous to the final election by lot, of which the object seems to be to hand over to the wealthy few the power of selecting from the many poor, and vice versa. ”