Laws

Ath. So much for that, then! Now, what are we to say about the origin of government? Would not the best and easiest way of discerning it be from this standpoint?

Clin. What standpoint?

Ath. That from which one should always observe the progress of States as they move towards either goodness or badness.

Clin. What point is that?

Ath. The observation, as I suppose, of an infinitely long period of time and of the variations therein occurring.

Clin. Explain your meaning.

Ath. Tell me now: do you think you could ever ascertain the space of time that has passed since cities came into existence and men lived under civic rule?

Clin. Certainly it would be no easy task.

Ath. But you can easily see that it is vast and immeasurable?

Clin. That I most certainly can do.

Ath. During this time, have not thousands upon thousands of States come into existence, and, on a similar computation, just as many perished? And have they not in each case exhibited all kinds of constitutions over and over again? And have they not changed at one time from small to great, at another from great to small, and changed also from good to bad and from bad to good?

Clin. Necessarily.

Ath. Of this process of change let us discover, if we can, the cause; for this, perhaps, would show us what is the primary origin of constitutions, as well as their transformation.

Clin. You are right; and we must all exert ourselves,—you to expound your view about them, and we to keep pace with you.

Ath. Do you consider that there is any truth in the ancient tales?

Clin. What tales?

Ath. That the world of men has often been destroyed by floods, plagues, and many other things, in such a way that only a small portion of the human race has survived.

Clin. Everyone would regard such accounts as perfectly credible.

Ath. Come now, let us picture to ourselves one of the many catastrophes,—namely, that which occurred once upon a time through the Deluge.

Clin. And what are we to imagine about it?

Ath. That the men who then escaped destruction must have been mostly herdsmen of the hills, scanty embers of the human race preserved somewhere on the mountain-tops.

Clin. Evidently.

Ath. Moreover, men of this kind must necessarily have been unskilled in the arts generally, and especially in such contrivances as men use against one another in cities for purposes of greed and rivalry and all the other villainies which they devise one against another.

Clin. It is certainly probable.

Ath. Shall we assume that the cities situated in the plains and near the sea were totally destroyed at the time?

Clin. Let us assume it.

Ath. And shall we say that all implements were lost, and that everything in the way of important arts or inventions that they may have had,—whether concerned with politics or other sciences,— perished at that time? For, supposing that things had remained all that time ordered just as they are now, how, my good sir, could anything new have ever been invented?

Clin. Do you mean that these things were unknown to the men of those days for thousands upon thousands of years, and that one or two thousand years ago some of them were revealed to Daedalus, some to Orpheus, some to Palamedes, musical arts to Marsyas and Olympus, lyric to Amphion, and, in short, a vast number of others to other persons—all dating, so to say, from yesterday or the day before?

Ath. Are you aware, Clinias, that you have left out your friend who was literally a man of yesterday?

Clin. Is it Epimenides you mean?

Ath. Yes, I mean him. For he far outstripped everybody you had, my friend, by that invention of his of which he was the actual producer, as you Cretans say, although Hesiod had divined it and spoken of it long before.

Clin. We do say so.

Ath. Shall we, then, state that, at the time when the destruction took place, human affairs were in this position: there was fearful and widespread desolation over a vast tract of land; most of the animals were destroyed, and the few herds of oxen and flocks of goats that happened to survive afforded at the first but scanty sustenance to their herdsmen?

Clin. Yes.

Ath. And as to the matters with which our present discourse is concerned—States and statecraft and legislation,—do we think they could have retained any memory whatsoever, broadly speaking, of such matters?

Clin. By no means.

Ath. So from those men, in that situation, there has sprung the whole of our present order—States and constitutions, arts and laws, with a great amount both of evil and of good?

Clin. How do you mean?

Ath. Do we imagine, my good Sir, that the men of that age, who were unversed in the ways of city life—many of them noble, many ignoble,—were perfect either in virtue or in vice?

Clin. Well said! We grasp your meaning.

Ath. As time went on and our race multiplied, all things advanced—did they not?—to the condition which now exists.

Clin. Very true.

Ath. But, in all probability, they advanced, not all at once, but by small degrees, during an immense space of time.

Clin. Yes, that is most likely.

Ath. For they all, I fancy, felt as it were still ringing in their ears a dread of going down from the highlands to the plains.

Clin. Of course.

Ath. And because there were so few of them round about in those days, were they not delighted to see one another, but for the fact that means of transport, whereby they might visit one another by sea or land, had practically all perished along with the arts? Hence intercourse, I imagine, was not very easy. For iron and bronze and all the metals in the mines had been flooded and had disappeared; so that it was extremely difficult to extract fresh metal; and there was a dearth, in consequence, of felled timber. For even if there happened to be some few tools still left somewhere on the mountains, these were soon worn out, and they could not be replaced by others until men had rediscovered the art of metal-working.

Clin. They could not.

Ath. Now, how many generations, do we suppose, had passed before this took place?

Clin. A great many, evidently.

Ath. And during all this period, or even longer, all the arts that require iron and bronze and all such metals must have remained in abeyance?

Clin. Of course.

Ath. Moreover, civil strife and war also disappeared during that time, and that for many reasons.

Clin. How so?

Ath. In the first place, owing to their desolate state, they were kindly disposed and friendly towards one another; and secondly, they had no need to quarrel about food. For they had no lack of flocks and herds (except perhaps some of them at the outset), and in that age these were what men mostly lived on: thus they were well supplied with milk and meat, and they procured further supplies of food, both excellent and plentiful, by hunting. They were also well furnished with clothing and coverlets and houses, and with vessels for cooking and other kinds; for no iron is required for the arts of moulding and weaving, which two arts God gave to men to furnish them with all these necessaries, in order that the human race might have means of sprouting and increase whenever it should fall into such a state of distress. Consequently, they were not excessively poor, nor were they constrained by stress of poverty to quarrel one with another; and, on the other hand, since they were without gold and silver, they could never have become rich. Now a community which has no communion with either poverty or wealth is generally the one in which the noblest characters will be formed; for in it there is no place for the growth of insolence and injustice, of rivalries and jealousies. So these men were good, both for these reasons and because of their simple-mindedness, as it is called; for, being simple-minded, when they heard things called bad or good, they took what was said for gospel-truth and believed it. For none of them had the shrewdness of the modern man to suspect a falsehood; but they accepted as true the statements made about gods and men, and ordered their lives by them. Thus they were entirely of the character we have just described.

Clin. Certainly Megillus and I quite agree with what you say.

Ath. And shall we not say that people living in this fashion for many generations were bound to be unskilled, as compared with either the antediluvians or the men of today, and ignorant of arts in general and especially of the arts of war as now practised by land and sea, including those warlike arts which, disguised under the names of law-suits and factions, are peculiar to cities, contrived as they are with every device of word and deed to inflict mutual hurt and injury; and that they were also more simple and brave and temperate, and in all ways more righteous? And the cause of this state of things we have already explained.

Clin. Quite true.

Ath. We must bear in mind that the whole purpose of what we have said and of what we are going to say next is this,—that we may understand what possible need of laws the men of that time had, and who their lawgiver was.

Clin. Excellent.

Ath. Shall we suppose that those men had no need of lawgivers, and that in those days it was not as yet usual to have such a thing? For those born in that age of the world’s history did not as yet possess the art of writing, but lived by following custom and what is called patriarchal law.

Clin. That is certainly probable.

Ath. But this already amounts to a kind of government.

Clin. What kind?

Ath. Everybody, I believe, gives the name of headship to the government which then existed,—and it still continues to exist to-day among both Greeks and barbarians in many quarters. And, of course, Homer mentions its existence in connection with the household system of the Cyclopes, where he says— No halls of council and no laws are theirs,But within hollow caves on mountain heightsAloft they dwell, each making his own law. For wife and child; of others reck they naught.Hom. Od. 9.112

Clin. This poet of yours seems to have been a man of genius. We have also read other verses of his, and they were extremely fine; though in truth we have not read much of him, since we Cretans do not indulge much in foreign poetry.

Meg. But we Spartans do, and we regard Homer as the best of them; all the same, the mode of life he describes is always Ionian rather than Laconian. And now he appears to be confirming your statement admirably, when in his legendary account he ascribes the primitive habits of the Cyclopes to their savagery.

Ath. Yes, his testimony supports us; so let us take him as evidence that polities of this sort do sometimes come into existence.

Clin. Quite right.

Ath. Did they not originate with those people who lived scattered in separate clans or in single households, owing to the distress which followed after the catastrophes; for amongst these the eldest holds rule, owing to the fact that the rule proceeds from the parents, by following whom they form a single flock, like a covey of birds, and live under a patriarchal government and a kingship which is of all kingships the most just?

Clin. Most certainly.

Ath. Next, they congregate together in greater numbers, and form larger droves; and first they turn to farming on the hill-sides, and make ring-fences of rubble and walls to ward off wild beasts, till finally they have constructed a single large common dwelling.

Clin. It is certainly probable that such was the course of events.

Ath. Well, is not this also probable?

Clin. What?

Ath. That, while these larger settlements were growing out of the original small ones, each of the small settlements continued to retain, clan by clan, both the rule of the eldest and also some customs derived from its isolated condition and peculiar to itself. As those who begot and reared them were different, so these customs of theirs, relating to the gods and to themselves, differed, being more orderly where their forefathers had been orderly, and more brave where they had been brave; and as thus the fathers of each clan in due course stamped upon their children and children’s children their own cast of mind, these people came (as we say) into the larger community furnished each with their own peculiar laws.

Clin. Of course.

Ath. And no doubt each clan was well pleased with its own laws, and less well with those of its neighbors.

Clin. True.

Ath. Unwittingly, as it seems, we have now set foot, as it were, on the starting-point of legislation.

Clin. We have indeed.

Ath. The next step necessary is that these people should come together and choose out some members of each clan who, after a survey of the legal usages of all the clans, shall notify publicly to the tribal leaders and chiefs (who may be termed their kings) which of those usages please them best, and shall recommend their adoption. These men will themselves be named legislators, and when they have established the chiefs as magistrates, and have framed an aristocracy, or possibly even a monarchy, from the existing plurality of headships, they will live under the constitution thus transformed.

Clin. The next steps would certainly be such as you describe.

Ath. Let us go on to describe the rise of a third form of constitution, in which are blended all kinds and varieties of constitutions, and of States as well.

Clin. What form is that?

Ath. The same that Homer himself mentioned next to the second, when he said that the third form arose in this way. His verses run thus— Dardania he founded when as yetThe Holy keep of Ilium was not builtUpon the plain, a town for mortal folk,But still they dwelt upon the highland slopesOf many-fountained Ida.Hom. Il. 20.216 ff.

Ath. Indeed, these verses of his, as well as those he utters concerning the Cyclopes, are in a kind of unison with the voices of both God and Nature. For being divinely inspired in its chanting, the poetic tribe, with the aid of Graces and Muses, often grasps the truth of history.

Clin. It certainly does.

Ath. Now let us advance still further in the tale that now engages us; for possibly it may furnish some hint regarding the matter we have in view. Ought we not to do so?

Clin. Most certainly.

Ath. Ilium was founded, we say, after moving from the highlands down to a large and noble plain, on a hill of no great height which had many rivers flowing down from Ida above.

Clin. So they say.

Ath. And do we not suppose that this took place many ages after the Deluge?

Clin. Many ages after, no doubt.

Ath. At any rate they seem to have been strangely forgetful of the catastrophe now mentioned, since they placed their city, as described, under a number of rivers descending from the mount, and relied for their safety upon hillocks of no great height.

Clin. So it is evident that they were removed by quite a long interval from that calamity.

Ath. By this time, too, as mankind multiplied, many other cities had been founded.

Clin. Of course.

Ath. And these cities also made attacks on Ilium, probably by sea too, as well as by land, since by this time all made use of the sea fearlessly.

Clin. So it appears.

Ath. And after a stay of ten years the Achaeans sacked Troy.

Clin. Very true.

Ath. Now during this period of ten years, while the siege lasted, the affairs of each of the besiegers at home suffered much owing to the seditious conduct of the young men. For when the soldiers returned to their own cities and homes, these young people did not receive them fittingly and justly, but in such a way that there ensued a vast number of cases of death, slaughter, and exile. So they, being again driven out, migrated by sea; and because Dorieus was the man who then banded together the exiles, they got the new name of Dorians, instead of Achaeans. But as to all the events that follow this, you Lacedaemonians relate them all fully in your traditions.

Meg. Quite true.

Ath. And now—as it were by divine direction—we have returned once more to the very point in our discourse on laws where we made our digression, when we plunged into the subject of music and drinking-parties; and we can, so to speak, get a fresh grip upon the argument, now that it has reached this point,—the settlement of Lacedaemon, about which you said truly that it and Crete were settled under kindred laws. From the wandering course of our argument, and our excursion through various polities and settlements, we have now gained this much: we have discerned a first, a second and a third State, all, as we suppose, succeeding one another in the settlements which took place during vast ages of time. And now there has emerged this fourth State—or nation, if you so prefer—which was once upon a time in course of establishment and is now established. Now, if we can gather from all this which of these settlements was right and which wrong, and which laws keep safe what is kept safe, and which laws ruin what is mined, and what changes in what particulars would effect the happiness of the State,—then, O Megillus and Clinias, we ought to describe these things again, making a fresh start from the beginning,—unless we have some fault to find with our previous statements.

Meg. I can assure you, Stranger, that if some god were to promise us that, in making this second attempt to investigate legislation, we shall listen to a discourse that is no worse and no shorter than that we have just been listening to, I for one would go a long way to hear it; indeed, this would seem quite a short day, although it is, as a matter of fact, close on midsummer.

Ath. So it seems that we must proceed with our enquiry.

Meg. Most certainly.

Ath. Let us, then, place ourselves in imagination at that epoch when Lacedaemon, together with Argos and Messene and the adjoining districts, had become completely subject, Megillus, to your forefathers. They determined next, according to the tradition, to divide their host into three parts, and to establish three States,—Argos, Messene and Lacedaemon.

Meg. Very true.

Ath. And Temenus became King of Argos, Cresphontes of Messene, and Proclus and Eurysthenes of Lacedaemon.

Meg. Of course.

Ath. And all the men of that time swore that they would assist these kings if anyone should try to wreck their kingdoms.

Meg. Quite so.

Ath. Is the dissolution of a kingdom, or of any government that has ever yet been dissolved, caused by any other agency than that of the rulers themselves? Or, though we made this assertion a moment ago when we happened upon this subject, have we now forgotten it?

Meg. How could we possibly have forgotten?

Ath. Shall we further confirm that assertion now? For we have come to the same view now, as it appears, in dealing with facts of history; so that we shall be examining it with reference not to a mere abstraction, but to real events. Now what actually took place was this: each of the three royal houses, and the cities under their sway, swore to one another, according to the laws, binding alike on ruler and subject, which they had made,—the rulers that, as time went on and the nation advanced, they would refrain from making their rule more severe, and the subjects that, so long as the rulers kept fast to their promise, they would never upset the monarchy themselves, nor would they allow others to do so; and they swore that the kings should aid both kings and peoples when wronged, and the peoples aid both peoples and kings. Was not that the way of it?

Meg. It was.

Ath. In the polities legally established—whether by the kings or others—in the three States, was not this the most important principle?

Meg. What?

Ath. That the other two States should always help against the third, whenever it disobeyed the laws laid down.

Meg. Evidently.

Ath. And surely most people insist on this,— that the lawgivers shall enact laws of such a kind that the masses of the people accept them willingly; just as one might insist that trainers or doctors should make their treatments or cures of men’s bodies pleasurable.

Meg. Exactly so.

Ath. But in fact one often has to be content if one can bring a body into a sound and healthy state with no great amount of pain.

Meg. Very true.

Ath. The men of that age possessed also another advantage which helped not a little to facilitate legislation.

Meg. What was that?

Ath. Their legislators, in their efforts to establish equality of property, were free from that worst of accusations which is commonly incurred in States with laws of a different kind, whenever anyone seeks to disturb the occupation of land, or to propose the abolition of debts, since he perceives that without these measures equality could never be fully secured. In such cases, if the lawgiver attempts to disturb any of these things, everyone confronts him with the cry, Hands off, and they curse him for introducing redistributions of land and remissions of debts, with the result that every man is rendered powerless. But the Dorians had this further advantage, that they were free from all dread of giving offence, so that they could divide up their land without dispute; and they had no large debts of old standing.

Meg. True

Ath. How was it then, my good sirs, that their settlement and legislation turned out so badly?

Meg. What do you mean? What fault have you to find with it?

Ath. This, that whereas there were three States settled, two of the three speedily wrecked their constitution and their laws, and one only remained stable—and that was your State, Megillus.

Meg. The question is no easy one.

Ath. Yet surely in our consideration and enquiry into this subject, indulging in an old man’s sober play with laws, we ought to proceed on our journey painlessly, as we said when we first started out.

Meg. Certainly, we must do as you say.

Ath. Well, what laws would offer a better subject for investigation than the laws by which those States were regulated? Or what larger or more famous States are there about whose settling we might enquire?

Meg. It would be hard to mention better instances than these.

Ath. It is fairly evident that the men of that age intended this organization of theirs to serve as an adequate protection not only for the Peloponnesus, but for the whole of Hellas as well, in case any of the barbarians should attack them just as the former dwellers around Ilium were emboldened to embark on the Trojan War through reliance on the Assyrian power as it had been in the reign of Ninus. For much of the splendor of that empire still survived and the people of that age stood in fear of its confederate power, just as we men of today dread the Great King. For since Troy was a part of the Assyrian empire, the second capture of Troy formed a grave charge against the Greeks. It was in view of all this that the Dorian host was at that time organizes and distributed amongst three States under brother princes, the sons of Heracles; and men thought it admirably devised, and in its equipment superior even to the host that had sailed to Troy. For men reckoned, first, that in the sons of Heracles they had better chiefs than the Pelopidae, and further, that this army was superior in valor to the army which went to Troy, since the latter, which was Achaean, was worsted by the former, which was Dorian. Must we not suppose that it was in this way, and with this intention, that the men of that age organized themselves?

Meg. Certainly.

Ath. Is it not also probable that they would suppose this to be a stable arrangement, and likely to continue quite a long time, since they had shared together many toils and dangers, and were marshalled under leaders of a single family (their princes being brothers), and since, moreover, they had consulted a number of diviners and, amongst others, the Delphian Apollo?

Meg. That is certainly probable.

Ath. But it seems that these great expectations speedily vanished, except only, as we said, in regard to that small fraction, your State of Laconia; and ever since, up to the present day, this fraction has never ceased warring against the other two. For if the original intention had been realized, and if they had been in accord about their policy, it would have created a power invincible in war.

Meg. It certainly would.

Ath. How then, and by what means, was it destroyed? Is it not worth while to enquire by what stroke of fortune so grand a confederacy was wrecked?

Meg. Yes for, if one passed over these examples, one would not be likely to find elsewhere either laws or constitutions which preserve interests thus fair and great, or, on the contrary, wreck them totally.

Ath. Thus by a piece of good luck, as it seems, we have embarked on an enquiry of some importance.

Meg. Undoubtedly.

Ath. Now, my dear sir, do not men in general, like ourselves at the present moment, unconsciously fancy that every fine object they set eyes on would produce marvellous results, if only a man understood the right way to make a fine use of it? But for us to hold such an idea in regard to the matter before us would possibly be both wrong and against nature; and the same is true of all other cases where men hold such ideas.

Meg. What is it you mean? And what shall we say is the special point of your remarks ?

Ath. Why, my dear sir, I had a laugh at my own expense just now. For when I beheld this armament of which we are speaking, I thought it an amazingly fine thing, and that, if anyone had made a fine use of it at that time, it would have proved, as I said, a wonderful boon to the Greeks.

Meg. And was it not quite right and sensible of you to say this, and of us to endorse it?

Ath. Possibly; I conceive, however, that everyone, when he beholds a thing that is large, powerful and strong, is instantly struck by the conviction that, if its possessor knew how to employ an instrument of that magnitude and quality, he could make himself happy by many wonderful achievements.