Laws Part 11

MEGILLUS: Your words, Athenian, are quite true, and worthy of yourself and of your country.

ATHENIAN: They are true, Megillus; and to you, who have inherited the virtues of your ancestors, I may properly speak of the actions of that day. And I would wish you and Cleinias to consider whether my words have not also a bearing on legislation; for I am not discoursing only for the pleasure of talking, but for the argument's sake. Please to remark that the experience both of ourselves and the Persians was, in a certain sense, the same; for as they led their people into utter servitude, so we too led ours into all freedom. And now, how shall we proceed? for I would like you to observe that our previous arguments have good deal to say for themselves.

MEGILLUS: True; but I wish that you would give us a fuller explanation.

ATHENIAN: I will. Under the ancient laws, my friends, the people was not as now the master, but rather the willing servant of the laws.

MEGILLUS: What laws do you mean?

ATHENIAN: In the first place, let us speak of the laws about music,-that is to say, such music as then existed-in order that we may trace the growth of the excess of freedom from the beginning. Now music was early divided among us into certain kinds and manners. One sort consisted of prayers to the G.o.ds, which were called hymns; and there was another and opposite sort called lamentations, and another termed paeans, and another, celebrating the birth of Dionysus, called, I believe, 'dithyrambs.' And they used the actual word 'laws,' or nomoi, for another kind of song; and to this they added the term 'citharoedic.' All these and others were duly distinguished, nor were the performers allowed to confuse one style of music with another. And the authority which determined and gave judgment, and punished the disobedient, was not expressed in a hiss, nor in the most unmusical shouts of the mult.i.tude, as in our days, nor in applause and clapping of hands. But the directors of public instruction insisted that the spectators should listen in silence to the end; and boys and their tutors, and the mult.i.tude in general, were kept quiet by a hint from a stick. Such was the good order which the mult.i.tude were willing to observe; they would never have dared to give judgment by noisy cries. And then, as time went on, the poets themselves introduced the reign of vulgar and lawless innovation. They were men of genius, but they had no perception of what is just and lawful in music; raging like Baccha.n.a.ls and possessed with inordinate delights-mingling lamentations with hymns, and paeans with dithyrambs; imitating the sounds of the flute on the lyre, and making one general confusion; ignorantly affirming that music has no truth, and, whether good or bad, can only be judged of rightly by the pleasure of the hearer (compare Republic). And by composing such licentious works, and adding to them words as licentious, they have inspired the mult.i.tude with lawlessness and boldness, and made them fancy that they can judge for themselves about melody and song. And in this way the theatres from being mute have become vocal, as though they had understanding of good and bad in music and poetry; and instead of an aristocracy, an evil sort of theatrocracy has grown up (compare Arist. Pol.). For if the democracy which judged had only consisted of educated persons, no fatal harm would have been done; but in music there first arose the universal conceit of omniscience and general lawlessness;-freedom came following afterwards, and men, fancying that they knew what they did not know, had no longer any fear, and the absence of fear begets shamelessness. For what is this shamelessness, which is so evil a thing, but the insolent refusal to regard the opinion of the better by reason of an over-daring sort of liberty?

MEGILLUS: Very true.

ATHENIAN: Consequent upon this freedom comes the other freedom, of disobedience to rulers (compare Republic); and then the attempt to escape the control and exhortation of father, mother, elders, and when near the end, the control of the laws also; and at the very end there is the contempt of oaths and pledges, and no regard at all for the G.o.ds,-herein they exhibit and imitate the old so-called t.i.tanic nature, and come to the same point as the t.i.tans when they rebelled against G.o.d, leading a life of endless evils. But why have I said all this? I ask, because the argument ought to be pulled up from time to time, and not be allowed to run away, but held with bit and bridle, and then we shall not, as the proverb says, fall off our a.s.s. Let us then once more ask the question, To what end has all this been said?

MEGILLUS: Very good.

ATHENIAN: This, then, has been said for the sake- MEGILLUS: Of what?

ATHENIAN: We were maintaining that the lawgiver ought to have three things in view: first, that the city for which he legislates should be free; and secondly, be at unity with herself; and thirdly, should have understanding;-these were our principles, were they not?

MEGILLUS: Certainly.

ATHENIAN: With a view to this we selected two kinds of government, the one the most despotic, and the other the most free; and now we are considering which of them is the right form: we took a mean in both cases, of despotism in the one, and of liberty in the other, and we saw that in a mean they attained their perfection; but that when they were carried to the extreme of either, slavery or licence, neither party were the gainers.

MEGILLUS: Very true.

ATHENIAN: And that was our reason for considering the settlement of the Dorian army, and of the city built by Darda.n.u.s at the foot of the mountains, and the removal of cities to the seash.o.r.e, and of our mention of the first men, who were the survivors of the deluge. And all that was previously said about music and drinking, and what preceded, was said with the view of seeing how a state might be best administered, and how an individual might best order his own life. And now, Megillus and Cleinias, how can we put to the proof the value of our words?

CLEINIAS: Stranger, I think that I see how a proof of their value may be obtained. This discussion of ours appears to me to have been singularly fortunate, and just what I at this moment want; most auspiciously have you and my friend Megillus come in my way. For I will tell you what has happened to me; and I regard the coincidence as a sort of omen. The greater part of Crete is going to send out a colony, and they have entrusted the management of the affair to the Cnosians; and the Cnosian government to me and nine others. And they desire us to give them any laws which we please, whether taken from the Cretan model or from any other; and they do not mind about their being foreign if they are better. Grant me then this favour, which will also be a gain to yourselves:-Let us make a selection from what has been said, and then let us imagine a State of which we will suppose ourselves to be the original founders. Thus we shall proceed with our enquiry, and, at the same time, I may have the use of the framework which you are constructing, for the city which is in contemplation.

ATHENIAN: Good news, Cleinias; if Megillus has no objection, you may be sure that I will do all in my power to please you.

CLEINIAS: Thank you.

MEGILLUS: And so will I.

CLEINIAS: Excellent; and now let us begin to frame the State.

BOOK IV.

ATHENIAN: And now, what will this city be? I do not mean to ask what is or will hereafter be the name of the place; that may be determined by the accident of locality or of the original settlement-a river or fountain, or some local deity may give the sanction of a name to the newly-founded city; but I do want to know what the situation is, whether maritime or inland.

CLEINIAS: I should imagine, Stranger, that the city of which we are speaking is about eighty stadia distant from the sea.

ATHENIAN: And are there harbours on the seaboard?

CLEINIAS: Excellent harbours, Stranger; there could not be better.

ATHENIAN: Alas! what a prospect! And is the surrounding country productive, or in need of importations?

CLEINIAS: Hardly in need of anything.

ATHENIAN: And is there any neighbouring State?

CLEINIAS: None whatever, and that is the reason for selecting the place; in days of old, there was a migration of the inhabitants, and the region has been deserted from time immemorial.

ATHENIAN: And has the place a fair proportion of hill, and plain, and wood?

CLEINIAS: Like the rest of Crete in that.

ATHENIAN: You mean to say that there is more rock than plain?

CLEINIAS: Exactly.

ATHENIAN: Then there is some hope that your citizens may be virtuous: had you been on the sea, and well provided with harbours, and an importing rather than a producing country, some mighty saviour would have been needed, and lawgivers more than mortal, if you were ever to have a chance of preserving your state from degeneracy and discordance of manners (compare Ar. Pol.). But there is comfort in the eighty stadia; although the sea is too near, especially if, as you say, the harbours are so good. Still we may be content. The sea is pleasant enough as a daily companion, but has indeed also a bitter and brackish quality; filling the streets with merchants and shopkeepers, and begetting in the souls of men uncertain and unfaithful ways-making the state unfriendly and unfaithful both to her own citizens, and also to other nations. There is a consolation, therefore, in the country producing all things at home; and yet, owing to the ruggedness of the soil, not providing anything in great abundance. Had there been abundance, there might have been a great export trade, and a great return of gold and silver; which, as we may safely affirm, has the most fatal results on a State whose aim is the attainment of just and n.o.ble sentiments: this was said by us, if you remember, in the previous discussion.

CLEINIAS: I remember, and am of opinion that we both were and are in the right.

ATHENIAN: Well, but let me ask, how is the country supplied with timber for ship-building?

CLEINIAS: There is no fir of any consequence, nor pine, and not much cypress; and you will find very little stone-pine or plane-wood, which shipwrights always require for the interior of ships.

ATHENIAN: These are also natural advantages.

CLEINIAS: Why so?

ATHENIAN: Because no city ought to be easily able to imitate its enemies in what is mischievous.

CLEINIAS: How does that bear upon any of the matters of which we have been speaking?

ATHENIAN: Remember, my good friend, what I said at first about the Cretan laws, that they looked to one thing only, and this, as you both agreed, was war; and I replied that such laws, in so far as they tended to promote virtue, were good; but in that they regarded a part only, and not the whole of virtue, I disapproved of them. And now I hope that you in your turn will follow and watch me if I legislate with a view to anything but virtue, or with a view to a part of virtue only. For I consider that the true lawgiver, like an archer, aims only at that on which some eternal beauty is always attending, and dismisses everything else, whether wealth or any other benefit, when separated from virtue. I was saying that the imitation of enemies was a bad thing; and I was thinking of a case in which a maritime people are hara.s.sed by enemies, as the Athenians were by Minos (I do not speak from any desire to recall past grievances); but he, as we know, was a great naval potentate, who compelled the inhabitants of Attica to pay him a cruel tribute; and in those days they had no ships of war as they now have, nor was the country filled with ship-timber, and therefore they could not readily build them. Hence they could not learn how to imitate their enemy at sea, and in this way, becoming sailors themselves, directly repel their enemies. Better for them to have lost many times over the seven youths, than that heavy-armed and stationary troops should have been turned into sailors, and accustomed to be often leaping on sh.o.r.e, and again to come running back to their ships; or should have fancied that there was no disgrace in not awaiting the attack of an enemy and dying boldly; and that there were good reasons, and plenty of them, for a man throwing away his arms, and betaking himself to flight,-which is not dishonourable, as people say, at certain times. This is the language of naval warfare, and is anything but worthy of extraordinary praise. For we should not teach bad habits, least of all to the best part of the citizens. You may learn the evil of such a practice from Homer, by whom Odysseus is introduced, rebuking Agamemnon, because he desires to draw down the ships to the sea at a time when the Achaeans are hard pressed by the Trojans,-he gets angry with him, and says: 'Who, at a time when the battle is in full cry, biddest to drag the well-benched ships into the sea, that the prayers of the Trojans may be accomplished yet more, and high ruin fall upon us. For the Achaeans will not maintain the battle, when the ships are drawn into the sea, but they will look behind and will cease from strife; in that the counsel which you give will prove injurious.'

You see that he quite knew triremes on the sea, in the neighbourhood of fighting men, to be an evil;-lions might be trained in that way to fly from a herd of deer. Moreover, naval powers which owe their safety to ships, do not give honour to that sort of warlike excellence which is most deserving of it. For he who owes his safety to the pilot and the captain, and the oarsman, and all sorts of rather inferior persons, cannot rightly give honour to whom honour is due. But how can a state be in a right condition which cannot justly award honour?

CLEINIAS: It is hardly possible, I admit; and yet, Stranger, we Cretans are in the habit of saying that the battle of Salamis was the salvation of h.e.l.las.

ATHENIAN: Why, yes; and that is an opinion which is widely spread both among h.e.l.lenes and barbarians. But Megillus and I say rather, that the battle of Marathon was the beginning, and the battle of Plataea the completion, of the great deliverance, and that these battles by land made the h.e.l.lenes better; whereas the sea-fights of Salamis and Artemisium-for I may as well put them both together-made them no better, if I may say so without offence about the battles which helped to save us. And in estimating the goodness of a state, we regard both the situation of the country and the order of the laws, considering that the mere preservation and continuance of life is not the most honourable thing for men, as the vulgar think, but the continuance of the best life, while we live; and that again, if I am not mistaken, is a remark which has been made already.

CLEINIAS: Yes.

ATHENIAN: Then we have only to ask, whether we are taking the course which we acknowledge to be the best for the settlement and legislation of states.

CLEINIAS: The best by far.

ATHENIAN: And now let me proceed to another question: Who are to be the colonists? May any one come out of all Crete; and is the idea that the population in the several states is too numerous for the means of subsistence? For I suppose that you are not going to send out a general invitation to any h.e.l.lene who likes to come. And yet I observe that to your country settlers have come from Argos and Aegina and other parts of h.e.l.las. Tell me, then, whence do you draw your recruits in the present enterprise?

CLEINIAS: They will come from all Crete; and of other h.e.l.lenes, Peloponnesians will be most acceptable. For, as you truly observe, there are Cretans of Argive descent; and the race of Cretans which has the highest character at the present day is the Gortynian, and this has come from Gortys in the Peloponnesus.

ATHENIAN: Cities find colonization in some respects easier if the colonists are one race, which like a swarm of bees is sent out from a single country, either when friends leave friends, owing to some pressure of population or other similar necessity, or when a portion of a state is driven by factions to emigrate. And there have been whole cities which have taken flight when utterly conquered by a superior power in war. This, however, which is in one way an advantage to the colonist or legislator, in another point of view creates a difficulty. There is an element of friendship in the community of race, and language, and laws, and in common temples and rites of worship; but colonies which are of this h.o.m.ogeneous sort are apt to kick against any laws or any form of const.i.tution differing from that which they had at home; and although the badness of their own laws may have been the cause of the factions which prevailed among them, yet from the force of habit they would fain preserve the very customs which were their ruin, and the leader of the colony, who is their legislator, finds them troublesome and rebellious. On the other hand, the conflux of several populations might be more disposed to listen to new laws; but then, to make them combine and pull together, as they say of horses, is a most difficult task, and the work of years. And yet there is nothing which tends more to the improvement of mankind than legislation and colonization.

CLEINIAS: No doubt; but I should like to know why you say so.

ATHENIAN: My good friend, I am afraid that the course of my speculations is leading me to say something depreciatory of legislators; but if the word be to the purpose, there can be no harm. And yet, why am I disquieted, for I believe that the same principle applies equally to all human things?

CLEINIAS: To what are you referring?

ATHENIAN: I was going to say that man never legislates, but accidents of all sorts, which legislate for us in all sorts of ways. The violence of war and the hard necessity of poverty are constantly overturning governments and changing laws. And the power of disease has often caused innovations in the state, when there have been pestilences, or when there has been a succession of bad seasons continuing during many years. Any one who sees all this, naturally rushes to the conclusion of which I was speaking, that no mortal legislates in anything, but that in human affairs chance is almost everything. And this may be said of the arts of the sailor, and the pilot, and the physician, and the general, and may seem to be well said; and yet there is another thing which may be said with equal truth of all of them.

CLEINIAS: What is it?

ATHENIAN: That G.o.d governs all things, and that chance and opportunity co-operate with Him in the government of human affairs. There is, however, a third and less extreme view, that art should be there also; for I should say that in a storm there must surely be a great advantage in having the aid of the pilot's art. You would agree?

CLEINIAS: Yes.

ATHENIAN: And does not a like principle apply to legislation as well as to other things: even supposing all the conditions to be favourable which are needed for the happiness of the state, yet the true legislator must from time to time appear on the scene?

CLEINIAS: Most true.

ATHENIAN: In each case the artist would be able to pray rightly for certain conditions, and if these were granted by fortune, he would then only require to exercise his art?

CLEINIAS: Certainly.

ATHENIAN: And all the other artists just now mentioned, if they were bidden to offer up each their special prayer, would do so?

CLEINIAS: Of course.

ATHENIAN: And the legislator would do likewise?

CLEINIAS: I believe that he would.

ATHENIAN: 'Come, legislator,' we will say to him; 'what are the conditions which you require in a state before you can organize it?' How ought he to answer this question? Shall I give his answer?

CLEINIAS: Yes.

ATHENIAN: He will say-'Give me a state which is governed by a tyrant, and let the tyrant be young and have a good memory; let him be quick at learning, and of a courageous and n.o.ble nature; let him have that quality which, as I said before, is the inseparable companion of all the other parts of virtue, if there is to be any good in them.'

CLEINIAS: I suppose, Megillus, that this companion virtue of which the Stranger speaks, must be temperance?

ATHENIAN: Yes, Cleinias, temperance in the vulgar sense; not that which in the forced and exaggerated language of some philosophers is called prudence, but that which is the natural gift of children and animals, of whom some live continently and others incontinently, but when isolated, was, as we said, hardly worth reckoning in the catalogue of goods. I think that you must understand my meaning.

CLEINIAS: Certainly.

ATHENIAN: Then our tyrant must have this as well as the other qualities, if the state is to acquire in the best manner and in the shortest time the form of government which is most conducive to happiness; for there neither is nor ever will be a better or speedier way of establishing a polity than by a tyranny.

CLEINIAS: By what possible arguments, Stranger, can any man persuade himself of such a monstrous doctrine?

ATHENIAN: There is surely no difficulty in seeing, Cleinias, what is in accordance with the order of nature?

CLEINIAS: You would a.s.sume, as you say, a tyrant who was young, temperate, quick at learning, having a good memory, courageous, of a n.o.ble nature?

ATHENIAN: Yes; and you must add fortunate; and his good fortune must be that he is the contemporary of a great legislator, and that some happy chance brings them together. When this has been accomplished, G.o.d has done all that he ever does for a state which he desires to be eminently prosperous; He has done second best for a state in which there are two such rulers, and third best for a state in which there are three. The difficulty increases with the increase, and diminishes with the diminution of the number.

CLEINIAS: You mean to say, I suppose, that the best government is produced from a tyranny, and originates in a good lawgiver and an orderly tyrant, and that the change from such a tyranny into a perfect form of government takes place most easily; less easily when from an oligarchy; and, in the third degree, from a democracy: is not that your meaning?

ATHENIAN: Not so; I mean rather to say that the change is best made out of a tyranny; and secondly, out of a monarchy; and thirdly, out of some sort of democracy: fourth, in the capacity for improvement, comes oligarchy, which has the greatest difficulty in admitting of such a change, because the government is in the hands of a number of potentates. I am supposing that the legislator is by nature of the true sort, and that his strength is united with that of the chief men of the state; and when the ruling element is numerically small, and at the same time very strong, as in a tyranny, there the change is likely to be easiest and most rapid.

CLEINIAS: How? I do not understand.

ATHENIAN: And yet I have repeated what I am saying a good many times; but I suppose that you have never seen a city which is under a tyranny?

CLEINIAS: No, and I cannot say that I have any great desire to see one.

ATHENIAN: And yet, where there is a tyranny, you might certainly see that of which I am now speaking.

CLEINIAS: What do you mean?

ATHENIAN: I mean that you might see how, without trouble and in no very long period of time, the tyrant, if he wishes, can change the manners of a state: he has only to go in the direction of virtue or of vice, whichever he prefers, he himself indicating by his example the lines of conduct, praising and rewarding some actions and reproving others, and degrading those who disobey.

CLEINIAS: But how can we imagine that the citizens in general will at once follow the example set to them; and how can he have this power both of persuading and of compelling them?

ATHENIAN: Let no one, my friends, persuade us that there is any quicker and easier way in which states change their laws than when the rulers lead: such changes never have, nor ever will, come to pa.s.s in any other way. The real impossibility or difficulty is of another sort, and is rarely surmounted in the course of ages; but when once it is surmounted, ten thousand or rather all blessings follow.

CLEINIAS: Of what are you speaking?

ATHENIAN: The difficulty is to find the divine love of temperate and just inst.i.tutions existing in any powerful forms of government, whether in a monarchy or oligarchy of wealth or of birth. You might as well hope to reproduce the character of Nestor, who is said to have excelled all men in the power of speech, and yet more in his temperance. This, however, according to the tradition, was in the times of Troy; in our own days there is nothing of the sort; but if such an one either has or ever shall come into being, or is now among us, blessed is he and blessed are they who hear the wise words that flow from his lips. And this may be said of power in general: When the supreme power in man coincides with the greatest wisdom and temperance, then the best laws and the best const.i.tution come into being; but in no other way. And let what I have been saying be regarded as a kind of sacred legend or oracle, and let this be our proof that, in one point of view, there may be a difficulty for a city to have good laws, but that there is another point of view in which nothing can be easier or sooner effected, granting our supposition.

CLEINIAS: How do you mean?

ATHENIAN: Let us try to amuse ourselves, old boys as we are, by moulding in words the laws which are suitable to your state.

CLEINIAS: Let us proceed without delay.

ATHENIAN: Then let us invoke G.o.d at the settlement of our state; may He hear and be propitious to us, and come and set in order the State and the laws!

CLEINIAS: May He come!

ATHENIAN: But what form of polity are we going to give the city?