Laws

Plato

Laws

Plato (428–347 BC)

Plato's Laws in the Greek text edited by John Burnet, with R. G. Bury's English translation.


Book 1

Section 624

Section 625

Section 626

Section 627

Section 628

Section 629

Section 630

Section 631

Section 632

Section 633

Section 634

Section 635

Section 636

Section 637

Section 638

Section 639

Section 640

Section 641

Section 642

Section 643

Section 644

Section 645

Section 646

Section 647

Section 648

Section 649

Section 650

Book 2

Section 652

Section 653

Section 654

Section 655

Section 656

Section 657

Section 658

Section 659

Section 660

Section 661

Section 662

Section 663

Section 664

Section 665

Section 666

Section 667

Section 668

Section 669

Section 670

Section 671

Section 672

Section 673

Section 674

Book 3

Section 676

Section 677

Section 678

Section 679

Section 680

Section 681

Section 682

Section 683

Section 684

Section 685

Section 686

Section 687

Section 688

Section 689

Section 690

Section 691

Section 692

Section 693

Section 694

Section 695

Section 696

Section 697

Section 698

Section 699

Section 700

Section 701

Section 702

Book 4

Section 704

Section 705

Section 706

Section 707

Section 708

Section 709

Section 710

Section 711

Section 712

Section 713

Section 714

Section 715

Section 716

Section 717

Section 718

Section 719

Section 720

Section 721

Section 722

Section 723

Section 724

Book 5

Section 726

Section 727

Section 728

Section 729

Section 730

Section 731

Section 732

Section 733

Section 734

Section 735

Section 736

Section 737

Section 738

Section 739

Section 740

Section 741

Section 742

Section 743

Section 744

Section 745

Section 746

Section 747

Book 6

Section 751

Section 752

Section 753

Section 754

Section 755

Section 756

Section 757

Section 758

Section 759

Section 760

Section 761

Section 762

Section 763

Section 764

Section 765

Section 766

Section 767

Section 768

Section 769

Section 770

Section 771

Section 772

Section 773

Section 774

Section 775

Section 776

Section 777

Section 778

Section 779

Section 780

Section 781

Section 782

Section 783

Section 784

Section 785

Book 7

Section 788

Ath. Now that our children, of both sexes, are born, our proper course will be to deal in the next place with their nurture and education. This is a subject which it is wholly impossible to pass over; but obviously it can be treated more suitably by way of precept and exhortation than by legislation. For in the private life of the family many trivial things are apt to be done which escape general notice,—things which are the result of individual feelings of pain, pleasure, or desire, and which contravene the instructions of the lawgiver; and these will produce in the citizens a multiplicity of contradictory tendencies. This is bad for a State. For while, on the one hand, it is improper and undignified to impose penalties on these practices by law, because of their triviality and the frequency of their occurrence, on the other hand, it detracts from the authority of the law which stands written when men grow used to breaking the law in trivial matters repeatedly. Hence, while it is impossible to pass over these practices in silence, it is difficult to legislate concerning them. The practices I refer to I will try to make clear by bringing some specimens, as it were, to the light; for at present my words rather resemble a dark speech.

Clin. That is quite true.

Ath. When we said that right nurture must be manifestly capable of making both bodies and souls in all respects as beautiful and good as possible, we spoke, I presume, truly?

Clin. Certainly we did.

Ath. And I suppose that (to take the simplest point) the most beautiful bodies must grow up from earliest infancy as straight as possible.

Clin. Most certainly.

Ath. Well then, do we not observe that in every living creature the first shoot makes by far the largest and longest growth; so that many people stoutly maintain that in point of height men grow more in the first five years of life than in the next twenty?

Clin. That is true.

Section 789

Ath. But we know, don’t we, that when growth occurs rapidly, without plenty of suitable exercise, it produces in the body countless evils?

Clin. Certainly.

Ath. And when bodies receive most food, then they require most exercise?

Clin. What is that, Stranger? Are we to prescribe most exercise for new-born babes and tiny infants?

Ath. Nay, even earlier than that,—we shall prescribe it for those nourished inside the bodies of their mothers.

Clin. What do you mean, my dear sir? Is it unborn babes you are talking of?

Ath. It is. Still it is by no means surprising that you know nothing of this pre-natal gymnastic; but, strange though it is, I should like to explain it to you.

Clin. By all means do so.

Ath. In our country it is easier to understand a practice of this kind, because there are people there who carry their sports to excess. At Athens we find not only boys but sometimes old men rearing birds and training such creatures to fight one another. But they are far from thinking that the training they give them by exciting their pugnacity provides sufficient exercise; in addition to this, each man takes up his bird and keeps it tucked away in his fist, if it is small, or under his arm, if it is large, and in this way they walk many a long mile in order to improve the condition, not of their own bodies, but of these creatures. Thus clearly do they show to any observant person that all bodies benefit, as by a tonic, when they are moved by any kind of shaking or motion, whether they are moved by their own action—as in a swing or in a rowing-boat—or are carried along on horseback or by any other rapidly moving bodies; and that this is the reason why bodies can deal successfully with their supplies of meat and drink and provide us with health and beauty, and strength as well. This being the state of the case, what does it behove us to do in the future? Shall we risk ridicule, and lay down a law that the pregnant woman shall walk, and that the child, while still soft, shall be molded like wax, and be kept in swaddling clothes till it is two years old? And shall we also compel the nurses by legal penalties to keep carrying the children somehow, either to the fields or to the temples or to their relatives, all the time until they are able to stand upright; and after that, still to persevere in carrying them until they are three years old, as a precaution against the danger of distorting their legs by over-pressure while they are still young?

Section 790

Ath. And that the nurses shall be as strong as possible? And shall we impose a written penalty for every failure to carry out these injunctions? Such a course is quite out of the question; for it would lead to a superabundance of that consequence which we mentioned a moment ago.

Clin. What was that?

Ath. The consequence of our incurring ridicule in abundance, in addition to meeting with a blank refusal to obey on the part of the nurses, with their womanish and servile minds.

Clin. What reason, then, had we for saying that these rules ought to be stated?

Ath. The reason was this: the minds of the masters and of the freemen in the States may perhaps listen, and so come to the right conclusion that, unless private affairs in a State are rightly managed, it is vain to suppose that any stable code of laws can exist for public affairs; and when he perceives this, the individual citizen may of himself adopt as laws the rules we have now stated, and, by so doing and thus ordering aright both his household and his State, may achieve happiness.

Clin. Such a result seems quite probable.

Ath. Consequently we must not desist from this kind of legislation until we have described in detail the treatment suited for the souls of young children in the same manner as we commenced our advice regarding their bodies.

Clin. You are quite right.

Ath. Let us take this, then, as a fundamental assumption in both cases,—that for both body and soul of the very young a process of nursing and moving, that is as continuous as possible both by day and by night, is in all cases salutary, and especially in the case of the youngest: it is like having them always rocked— if that were possible—on the sea. As it is, with new-born infants one should reproduce this condition as nearly as possible. Further evidence of this may be seen in the fact that this course is adopted and its usefulness recognized both by those who nurse small children and by those who administer remedies in cases of Corybantism. Thus when mothers have children suffering from sleeplessness, and want to lull them to rest, the treatment they apply is to give them, not quiet, but motion, for they rock them constantly in their arms; and instead of silence, they use a kind of crooning noise; and thus they literally cast a spell upon the children (like the victims of Bacchic frenzy) by employing the combined movements of dance and song as a remedy.

Clin. And what, Stranger, are we to suppose is the main cause of this?

Ath. It is easy enough to see.

Clin. How so?

Section 791

Ath. Both these affections are forms of fright; and frights are due to a poor condition of soul. So whenever one applies an external shaking to affections of this kind, the external motion thus applied overpowers the internal motion of fear and frenzy, and by thus overpowering it, it brings about a manifest calm in the soul and a cessation of the grievous palpitation of the heart which had existed in each case. Thus it produces very satisfactory results. The children it puts to sleep; the Bacchants, who are awake, it brings into a sound state of mind instead of a frenzied condition, by means of dancing and playing, with the help of whatsoever gods they chance to be worshipping with sacrifice. This is—to put it shortly—quite a plausible account of the matter.

Clin. Most plausible.

Ath. Seeing, then, that these causes produce the effects described, in the case of the people mentioned one should observe this point,—that every soul that is subjected to fright from youth will be specially liable to become timid: and this, as all would aver, is not to practice courage, but cowardice.

Clin. Of course it is.

Ath. The opposite course, of practicing courage from youth up, consists, we shall say, in the conquering of the frights and fears that assail us.

Clin. That is true.

Ath. Let us say, then, that this factor—namely, the exercise of quite young children by the various motions—contributes greatly towards developing one part of the soul’s virtue.

Clin. Certainly.

Ath. Moreover, cheerfulness of soul and its opposite will constitute no small part of stoutheartedness and faintheartedness.

Clin. Of course.

Ath. What way can we find, then, for implanting at once in the new-born child whichever of these qualities we desire? We must endeavor to indicate how and to what extent we have them at our command.

Clin. By all means.

Ath. The doctrine held amongst us, I may explain, is this,—that whereas luxurious living renders the disposition of the young morose and irascible and too easily moved by trifles, its opposite (which is uttermost and cruel enslavement) makes them lowly and mean-spirited and misanthropic, and thus unfit to associate with others.

Clin. In what way, then, should the State at large rear up infants that are still incapable of understanding speech or receiving other kinds of education?

Ath. In this way: it is usual for every creature that is born—and the human child as much as any— to utter at once a loud outcry; and, what is more, the child is the most liable of them all to be afflicted with tears as well as outcries.

Clin. Quite true.

Section 792

Ath. When nurses are trying to discover what a baby wants, they judge by these very same signs in offering it things. If it remains silent when the thing is offered, they conclude that it is the right thing, but the wrong thing if it weeps and cries out. Thus infants indicate what they like by means of weepings and outcries—truly no happy signals!—and this period of infancy lasts not less than three years, which is no small fraction of one’s time to spend ill or well.

Clin. You are right.

Ath. When a man is peevish and not cheerful at all, do you not regard him as a doleful person and more full, as a rule, of complaints than a good man ought to be?

Clin. I certainly regard him as such.

Ath. Well then, suppose one should try to secure by every available means that our nursling should experience the least possible amount of grief or fear or pain of any kind, may we not believe that by this means the soul of the nursling would be rendered more bright and cheerful?

Clin. Plainly it would, Stranger; and most of all if one should provide him with many pleasures.

Ath. There, my good sir, I must part company with Clinias. For in our eyes such a proceeding is the worst possible form of corruption, for it occurs in every instance at the very beginning of the child’s nurture. But let us consider whether I am right.

Clin. Explain your view.

Ath. I believe that the issue before us is one of extreme importance. You also, Megillus, consider the matter, I pray, and lend us the aid of your judgment. What I maintain is this: that the right life ought neither to pursue pleasures nor to shun pains entirely; but it ought to embrace that middle state of cheerfulness (as I termed it a moment ago), which—as we all rightly suppose, on the strength of an inspired utterance—is the very condition of God himself. And I maintain that whosoever of us would be godlike must pursue this state of soul, neither becoming himself prone at all to pleasures, even as he will not be devoid of pain, not allowing any other person—old or young, man or woman—to be in this condition and least of all, so far as possible, the new-born babe. For because of the force of habit, it is in infancy that the whole character is most effectually determined. I should assert further—were it not that it would be taken as a jest—that women with child, above all others, should be cared for during their years of pregnancy, lest any of them should indulge in repeated and intense pleasures or pains, instead of cultivating, during the whole of that period, a cheerful, bright and calm demeanor.

Section 793

Clin. There is no need for you, Stranger, to ask Megillus which of us two has made the truer statement. For I myself grant you that all men ought to shun the life of unmixed pain and pleasure, and follow always a middle path. So all is well both with your statement and with my reply.

Ath. You are perfectly right, Clinias. So then let the three of us together consider this next point.

Clin. What is that?

Ath. That all the regulations which we are now expounding are what are commonly termed unwritten laws. And these as a whole are just the same as what men call ancestral customs. Moreover, the view which was recently impressed upon us, that one should neither speak of these as laws nor yet leave them without mention, was a right view. For it is these that act as bonds in every constitution, forming a link between all its laws (both those already enacted in writing and those still to be enacted), exactly like ancestral customs of great antiquity, which, if well established and practiced, serve to wrap up securely the laws already written, whereas if they perversely go aside from the right way, like builders’ props that collapse under the middle of a house, they bring everything else tumbling down along with them, one thing buried under another, first the props themselves and then the fair superstructure, once the ancient supports have fallen down. Bearing this in mind, Clinias, we must clamp together this State of yours, which is a new one, by every possible means, omitting nothing great or small in the way of laws, customs and institutions; for it is by all such means that a State is clamped together, and neither kind of law is permanent without the other. Consequently, we need not be surprised if the influx of a number of apparently trivial customs or usages should make our laws rather long.

Clin. What you say is quite true, and we will bear it in mind.

Ath. If one could carry out these regulations methodically, and not merely apply them casually, in the case of girls and boys up to the age of three, they would conduce greatly to the benefit of our infant nurslings.

Section 794

Ath. To form the character of the child over three and up to six years old there will be need of games: by then punishment must be used to prevent their getting pampered,—not, however, punishment of a degrading kind, but just as we said before, in the case of slaves, that one should avoid enraging the persons punished by using degrading punishments, or pampering them by leaving them unpunished, so in the case of the free-born the same rule holds good. Children of this age have games which come by natural instinct; and they generally invent them of themselves whenever they meet together. As soon as they have reached the age of three, all the children from three to six must meet together at the village temples, those belonging to each village assembling at the same place. Moreover, the nurses of these children must watch over their behavior, whether it be orderly or disorderly; and over the nurses themselves and the whole band of children one of the twelve women already elected must be appointed annually to take charge of each band, the appointment resting with the Law-wardens. These women shall be elected by the women who have charge of the supervision of marriage, one out of each tribe and all of a like age. The woman thus appointed shall pay an official visit to the temple every day, and she shall employ a State servant and deal summarily with male or female slaves and strangers, but in the case of citizens, if the person protests against the punishment, she shall bring him for trial before the city stewards; but if no protest is made, she shall inflict summary justice equally on citizens. After the age of six, each sex shall be kept separate, boys spending their time with boys, and likewise girls with girls; and when it is necessary for them to begin lessons, the boys must go to teachers of riding, archery, javelin-throwing and slinging, and the girls also, if they agree to it, must share in the lessons, and especially such as relate to the use of arms. For, as regards the view now prevalent regarding these matters, it is based on almost universal ignorance.

Clin. What view?

Ath. The view that, in the case of hands, right and left are by nature different in respect of their utility for special acts; but, as a matter of fact, in the case of the feet and the lower limbs there is plainly no difference in working capacity; and it is due to the folly of nurses and mothers that we have all become limping, so to say, in our hands. For in natural ability the two limbs are almost equally balanced; but we ourselves by habitually using them in a wrong way have made them different.

Section 795

Ath. In actions of trifling importance this does not matter—as for example, whether a man uses the left hand for the fiddle and the right hand for the bow, and things of that sort; but to follow these precedents and to use the hands in this way on other occasions, when there is no necessity, is very like foolishness. This is shown by the Scythian custom not only of using the left hand to draw the bow and the right to fit the arrow to it, but also of using both hands alike for both actions. And there are countless other instances of a similar kind, in connection with driving horses and other occupations, which teach us that those who treat the left hand as weaker than the right are confuted by nature. But this, as we have said, matters little in the case of fiddle-bows of horn and similar implements; but when it is a case of using iron instruments of war—bows, darts and the like—it matters a great deal, and most of all when weapon is to be used against weapon at close quarters. There is a vast difference here between the taught and the untaught, the trained and the untrained warrior. For just as the athlete who is thoroughly practiced in the pancratium or in boxing or wrestling is capable of fighting on his left side, and does not move that side as if it were numb or lame, whenever he is compelled to bring it into action through his opponent shifting to the other side,—in precisely the same way, I take it, in regard to the use of weapons of war and everything else, it ought to be considered the correct thing that the man who possesses two sets of limbs, fit both for offensive and defensive action, should, so far as possible, suffer neither of these to go unpracticed or untaught. Indeed, if a man were gifted by nature with the frame of a Geryon or a Briareus, with his hundred hands he ought to be able to throw a hundred darts. So all these matters must be the care of the male and female officers, the women overseeing the games and the feeding of the children, and the men their lessons, to the intent that all the boys and girls may be sound of hand and foot, and may in no wise, if possible, get their natures warped by their habits. The lessons may, for practical convenience, be divided under two heads—the gymnastical, which concern the body, and the musical, which aim at goodness of soul. Of gymnastic there are two kinds, dancing and wrestling. Of dancing there is one branch in which the style of the Muse is imitated, preserving both freedom and nobility, and another which aims at physical soundness, agility and beauty by securing for the various parts and members of the body the proper degree of flexibility and extension and bestowing also the rhythmical motion which belongs to each, and which accompanies the whole of dancing and is diffused throughout it completely.

Section 796

Ath. As to the devices introduced by Antaeus or Cercyon in the art of wrestling for the sake of empty glory, or in boxing by Epeius or Amycus, since they are useless in the business of war, they merit no eulogy. But the exercises of stand-up wrestling, with the twisting free of neck, hands and sides, when practiced with ardor and with a firm and graceful pose, and directed towards strength and health,—these must not be omitted, since they are useful for all purposes; but we must charge both the pupils and their teachers— when we reach this point in our legislation—that the latter should impart these lessons gently, and the former receive them gratefully. Nor should we omit such mimic dances as are fitting for use by our choirs,—for instance, the sword-dance of the Curetes here in Crete, and that of the Dioscori in Lacedaemon; and at Athens, too, our Virgin-Lady gladdened by the pastime of the dance deemed it not seemly to sport with empty hands, but rather to tread the measure vested in full panoply. These examples it would well become the boys and girls to copy, and so cultivate the favor of the goddess, alike for service in war and for use at festivals. It shall be the rule for the children, from the age of six until they reach military age, whenever they approach any god and form processions, to be always equipped with arms and horses, and with dance and march, now quick, now slow, to make their supplications to the gods and the children of gods. Contests, too, and preliminary trials must be carried out with a view to the objects stated, if at all; for these objects are useful both in peace and war, alike for the State and for private families; but all other kinds of work and play and bodily exercise are not worthy of a gentleman. And now, O Megillus and Clinias, I have pretty fully described that gymnastic training which—as I said early in our discourse—requires description: here it is in its full completeness. So if you know of a better gymnastic than this, disclose it.

Clin. It is no easy thing, Stranger, to reject your account of gymnastic training and competition, and produce a better one.

Ath. The subject which comes next to this, and deals with the gifts of Apollo and the Muses, is one which we previously thought we had done with, and that the only subject left was gymnastic; but I plainly see now, not only what still remains to be said to everybody, but also that it ought to come first. Let us, then, state these points in order.

Clin. By all means let us do so.

Section 797

Ath. Give ear to me now, albeit ye have already done so in the past. None the less, one must take great heed, now as before, both in the telling and in the hearing of a thing that is supremely strange and novel. To make the statement that I am going to make is an alarming task; yet I will summon up my courage, and not shrink from it.

Clin. What is the statement you refer to, Stranger?

Ath. I assert that there exists in every State a complete ignorance about children’s games—how that they are of decisive importance for legislation, as determining whether the laws enacted are to be permanent or not. For when the program of games is prescribed and secures that the same children always play the same games and delight in the same toys in the same way and under the same conditions, it allows the real and serious laws also to remain undisturbed; but when these games vary and suffer innovations, amongst other constant alterations the children are always shifting their fancy from one game to another, so that neither in respect of their own bodily gestures nor in respect of their equipment have they any fixed and acknowledged standard of propriety and impropriety; but the man they hold in special honor is he who is always innovating or introducing some novel device in the matter of form or color or something of the sort; whereas it would be perfectly true to say that a State can have no worse pest than a man of that description, since he privily alters the characters of the young, and causes them to contemn what is old and esteem what is new. And I repeat again that there is no greater mischief a State can suffer than such a dictum and doctrine: just listen while I tell you how great an evil it is.

Clin. Do you mean the way people rail at antiquity in States?

Ath. Precisely.

Clin. That is a theme on which you will find us no grudging listeners, but the most sympathetic possible.

Ath. I should certainly expect it to be so.

Clin. Only say on.

Ath. Come now, let us listen to one another and address one another on this subject with greater care than ever. Nothing, as we shall find, is more perilous than change in respect of everything, save only what is bad,—in respect of seasons, winds, bodily diet, mental disposition, everything in short with the solitary exception, as I said just now, of the bad. Accordingly, if one considers the human body, and sees how it grows used to all kinds of meats and drinks and exercises, even though at first upset by them, and how presently out of these very materials it grows flesh that is akin to them, and acquiring thus a familiar acquaintance with, and fondness for, all this diet, lives a most healthy and pleasant life;

Section 798

Ath. and further, should a man be forced again to change back to one of the highly-reputed diets, how he is upset and ill at first, and recovers with difficulty as he gets used again to the food,—it is precisely the same, we must suppose, with the intellects of men and the nature of their souls. For if there exist laws under which men have been reared up and which (by the blessing of Heaven) have remained unaltered for many centuries, so that there exists no recollection or report of their ever having been different from what they now are,—then the whole soul is forbidden by reverence and fear to alter any of the things established of old. By hook or by crook, then, the lawgiver must devise a means whereby this shall be true of his State. Now here is where I discover the means desired:—Alterations in children’s games are regarded by all lawgivers (as we said above) as being mere matters of play, and not as the causes of serious mischief; hence, instead of forbidding them, they give in to them and adopt them. They fail to reflect that those children who innovate in their games grow up into men different from their fathers; and being thus different themselves, they seek a different mode of life, and having sought this, they come to desire other institutions and laws; and none of them dreads the consequent approach of that result which we described just now as the greatest of all banes to a State. The evil wrought by changes in outward forms would be of less importance; but frequent changes in matters involving moral approval and disapproval are, as I maintain, of extreme importance, and require the utmost caution.

Clin. Most certainly.

Ath. Well, then, do we still put our trust in those former statements of ours, in which we said that matters of rhythm and music generally are imitations of the manners of good or bad men? Or how do we stand?

Clin. Our view at least remains unaltered.

Ath. We assert, then, that every means must be employed, not only to prevent our children from desiring to copy different models in dancing or singing, but also to prevent anyone from tempting them by the inducement of pleasures of all sorts.

Clin. Quite right.

Section 799

Section 800

Section 801

Section 802

Section 803

Section 804

Section 805

Section 806

Section 807

Section 808

Section 809

Section 810

Section 811

Section 812

Section 813

Section 814

Section 815

Section 816

Section 817

Section 818

Section 819

Section 820

Section 821

Section 822

Section 823

Section 824

Book 8

Section 828

Section 829

Section 830

Section 831

Section 832

Section 833

Section 834

Section 835

Section 836

Section 837

Section 838

Section 839

Section 840

Section 841

Section 842

Section 843

Section 844

Section 845

Section 846

Section 847

Section 848

Section 849

Section 850

Book 9

Section 853

Section 854

Section 855

Section 856

Section 857

Section 858

Section 859

Section 860

Section 861

Section 862

Section 863

Section 864

Section 865

Section 866

Section 867

Section 868

Section 869

Section 870

Section 871

Section 872

Section 873

Section 874

Section 875

Section 876

Section 877

Section 878

Section 879

Section 880

Section 881

Section 882

Book 10

Section 884

Section 885

Section 886

Section 887

Section 888

Section 889

Section 890

Section 891

Section 892

Section 893

Section 894

Section 895

Section 896

Section 897

Section 898

Section 899

Section 900

Section 901

Section 902

Section 903

Section 904

Section 905

Section 906

Section 907

Section 908

Section 909

Section 910

Book 11

Section 913

Section 914

Section 915

Section 916

Section 917

Section 918

Section 919

Section 920

Section 921

Section 922

Section 923

Section 924

Section 925

Section 926

Section 927

Section 928

Section 929

Section 930

Section 931

Section 932

Section 933

Section 934

Section 935

Section 936

Section 937

Section 938

Book 12

Section 941

Section 942

Section 943

Section 944

Section 945

Section 946

Section 947

Section 948

Section 949

Section 950

Section 951

Section 952

Section 953

Section 954

Section 955

Section 956

Section 957

Section 958

Section 959

Section 960

Section 961

Section 962

Section 963

Section 964

Section 965

Section 966

Section 967

Section 968

Section 969

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