Laws (Plato)

“ Laws and institutions grow out of habits and customs; and they have 'better opinion, better confirmation,' if they have come down from antiquity and are not mere literary inventions. Plato would have been the first to acknowledge that the Book of Laws was not the creation of his fancy, but a collection of enactments which had been devised by inspired legislators, like Minos, Lycurgus, and Solon, to meet the actual needs of men, and had been approved by time and experience. ”

“ Is not the knowledge of the Gods which we have set forth with so much zeal one of the noblest sorts of knowledge—to know that they are, and know how great is their power, as far as in man lies? We do indeed excuse the mass of the citizens, who only follow the voice of the laws, but we refuse to admit as guardians any who do not labour to obtain every possible evidence that there is respecting the Gods; our city is forbidden and not allowed to choose as a guardian of the law, or to place in the select order of virtue, him who is not an inspired man, and has not laboured at these things. ”

“ But we have seen enough of improvement in our own time to justify us in the belief that the world is worth working for and that a good man's life is not thrown away. Such reflections may help us to bring home to ourselves by inward sympathy the language of Plato in the Laws, and to combine into something like a whole his various and at first sight inconsistent utterances.
VI. The Republic may be described as the Spartan constitution appended to a government of philosophers. But in the Laws an Athenian element is also introduced. Many enactments are taken from the Athenian ”

“ 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. ”

“ In the first place, my dear friend, these people would say that the Gods exist not by nature, but by art, and by the laws of states, which are different in different places, according to the agreement of those who make them; and that the honourable is one thing by nature and another thing by law, and that the principles of justice have no existence at all in nature, but that mankind are always disputing about them and altering them; and that the alterations which are made by art and by law have no basis in nature, but are of authority for the moment and at the time at which they are made. ”

“ In many ways Crete and Lacedaemon furnish a great help to those who make peculiar laws; but in the matter of love, as we are alone, I must confess that they are quite against us. For if any one following nature should lay down the law which existed before the days of Laius, and denounce these lusts as contrary to nature, adducing the animals as a proof that such unions were monstrous, he might prove his point, but he would be wholly at variance with the custom of your states. Further, they are repugnant to a principle which we say that a legislator should always observe ”

“ For God, who is free from all evil, has no need of laws or Fate; but every one of these petty gods, drawn on by the providence of him who has engendered them, performs what belongs to his office. Now that this is true and agreeable to the opinion of Plato, these words of the lawgiver, spoken by him in his Book of Laws, seems to me to give sufficient testimony: "If there were any man so sufficient by Nature, being by divine Fortune happily engendered and born, that he could comprehend this, he would have no need of laws to command him. ”

“ For that state in which the law is subject and has no authority, I perceive to be on the highway to ruin; but I see that the state in which the law is above the rulers, and the rulers are the inferiors of the law, has salvation, and every blessing which the Gods can confer.
CLEINIAS: Truly, Stranger, you see with the keen vision of age.
ATHENIAN: Why, yes; every man when he is young has that sort of vision dullest, and when he is old keenest. ”

“ Still we must do all that we can to imitate the life which is said to have existed in the days of Cronos, and, as far as the principle of immortality dwells in us, to that we must hearken, both in private and public life, and regulate our cities and houses according to law, meaning by the very term 'law,' the distribution of mind. But if either a single person or an oligarchy or a democracy has a soul eager after pleasures and desires—wanting to be filled with them, yet retaining none of them, and perpetually afflicted with an endless and insatiable disorder ”

“ Shall we assume that some one is accusing us among unholy men, who are trying to escape from the effect of our legislation; and that they say of us―How dreadful that you should legislate on the supposition that there are Gods! Shall we make a defence of ourselves? or shall we leave them and return to our laws, lest the prelude should become longer than the law? ”

“ CLEINIAS: So let us hope; and even if we have failed, the style of our argument will not discredit the lawgiver.
ATHENIAN: After the prelude shall follow a discourse, which will be the interpreter of the law; this shall proclaim to all impious persons that they must depart from their ways and go over to the pious. And to those who disobey, let the law about impiety be as follows: If a man is guilty of any impiety in word or deed, any one who happens to be present shall give information to the magistrates, in aid of the law ”

“ For if a man were born so divinely gifted that he could naturally apprehend the truth, he would have no need of laws to rule over him; for there is no law or order which is above knowledge, nor can mind, without impiety, be deemed the subject or slave of any man, but rather the lord of all. ”

“ ATHENIAN: You ought to have said, Stranger—The Cretan laws are with reason famous among the Hellenes; for they fulfil the object of laws, which is to make those who use them happy; and they confer every sort of good. Now goods are of two kinds: there are human and there are divine goods, and the human hang upon the divine; and the state which attains the greater, at the same time acquires the less, or, not having the greater, has neither. ”

“ And the constant reference in the Laws of Plato to the lawgiver is altogether in accordance with Greek modes of thinking and speaking.
There is also, as in the Republic, a Pythagorean element. The highest branch of education is arithmetic; to know the order of the heavenly bodies, and to reconcile the apparent contradiction of their movements, is an important part of religion; the lives of the citizens are to have a common measure, as also their vessels and coins; the great blessing of the state is the number 5040. ”

“ II. The plan of the Laws is more irregular and has less connexion than any other of the writings of Plato. As Aristotle says in the Politics, 'The greater part consists of laws'; in Books v, vi, xi, xii the dialogue almost entirely disappears. Large portions of them are rather the materials for a work than a finished composition which may rank with the other Platonic dialogues. ”

“ 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 reading the Laws of Plato, or any other ancient writing about Laws, we should consider how gradual the process is by which not only a legal system, but the administration of a court of law, becomes perfected. ”

“ This is repeated to young men by sages and poets, and leads to impiety, and the pretended life according to nature and in disobedience to law; for nobody believes the Gods to be such as the law affirms. 'How true! and oh! how injurious to states and to families!' But then, what should the lawgiver do? Should he stand up in the state and threaten mankind with the severest penalties if they persist in their unbelief, while he makes no attempt to win them by persuasion? 'Nay, Stranger, the legislator ought never to weary of trying to persuade the world that there are Gods ”

“ Laws are partly framed for the sake of good men, in order to instruct them how they may live on friendly terms with one another, and partly for the sake of those who refuse to be instructed, whose spirit cannot be subdued, or softened, or hindered from plunging into evil. These are the persons who cause the word to be spoken which I am about to utter; for them the legislator legislates of necessity, and in the hope that there may be no need of his laws. ”

“ The Laws are confessedly a Second-best, an inferior Ideal, to which Plato has recourse, when he finds that the city of Philosophers is no longer 'within the horizon of practical politics.' But it is curious to observe that the higher Ideal is always returning (compare Arist. Polit.) , and that he is not much nearer the actual fact, nor more on the level of ordinary life in the Laws than in the Republic. It is also interesting to remark that the new Ideal is always falling away, and that he hardly supposes the one to be more capable of being realized than the other. ”

“ Now we ought always to cooperate with the lead of the best, which is law. For inasmuch as reason is beautiful and gentle, and not violent, her rule must needs have ministers in order to help the golden principle in vanquishing the other principles. And thus the moral of the tale about our being puppets will not have been lost, and the meaning of the expression 'superior or inferior to a man's self' will become clearer; and the individual, attaining to right reason in this matter of pulling the strings of the puppet, should live according to its rule ”

“ He would have desired that all the acts and laws of a state should have regard to all virtue. But he did not see that politics and law are subject to their own conditions, and are distinguished from ethics by natural differences. The actions of which politics take cognisance are necessarily collective or representative; and law is limited to external acts which affect others as well as the agents. Ethics, on the other hand, include the whole duty of man in relation both to himself and others. But Plato has never reflected on these differences. ”

“ 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. ”

“ But mankind, in despair of finding a true ruler, are willing to acquiesce in any law or custom which will save them from the caprice of individuals. They are ready to accept any of the six forms of government which prevail in the world. To the Greek, nomos was a sacred word, but the political idealism of Plato soars into a region beyond; for the laws he would substitute the intelligent will of the legislator. ”

“ Plato's increasing appreciation of the difficulties of human affairs, and of the element of chance which so largely influences them, is an indication not of a narrower, but of a maturer mind, which had become more conversant with realities. Nor can we fairly attribute any want of originality to him, because he has borrowed many of his provisions from Sparta and Athens. Laws and institutions grow out of habits and customs ”

“ Those of them which regulated daily life were familiarly known to the Athenians; for every citizen was his own lawyer, and also a judge, who decided the rights of his fellow-citizens according to the laws, often after hearing speeches from the parties interested or from their advocates. It is to Rome and not to Athens that the invention of law, in the modern sense of the term, is commonly ascribed. ”

“ In the Laws, the philosophers, if not banished, like the poets, are at least ignored; and religion takes the place of philosophy in the regulation of human life. It must however be remembered that the religion of Plato is co-extensive with morality, and is that purified religion and mythology of which he speaks in the second book of the Republic. ”

“ Yet seeing that we are not like the ancient legislators, who gave laws to heroes and sons of gods, being, according to the popular belief, themselves the offspring of the gods, and legislating for others, who were also the children of divine parents, but that we are only men who are legislating for the sons of men, there is no uncharitableness in apprehending that some one of our citizens may be like a seed which has touched the ox's horn, having a heart so hard that it cannot be softened any more than those seeds can be softened by fire. ”

“ Nor is there anywhere in the Laws that lively enargeia, that vivid mise en scene, which is as characteristic of Plato as of some modern novelists.
The old men are afraid of the ridicule which 'will fall on their heads more than enough,' and they do not often indulge in a joke. In one of the few which occur, the book of the Laws, if left incomplete, is compared to a monster wandering about without a head. ”