Laws. Plato

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СКАЧАТЬ and not to one only. Better is he who has temperance as well as courage, than he who has courage only; better is he who is faithful in civil broils, than he who is a good soldier only. Better, too, is peace than war; the reconciliation than the defeat of an enemy. And he who would attain all virtue should be trained amid pleasures as well as pains. Hence there should be convivial intercourse among the citizens, and a man's temperance should be tested in his cups, as we test his courage amid dangers. He should have a fear of the right sort, as well as a courage of the right sort.

      At the beginning of the second book the subject of pleasure leads to education, which in the early years of life is wholly a discipline imparted by the means of pleasure and pain. The discipline of pleasure is implanted chiefly by the practice of the song and the dance. Of these the forms should be fixed, and not allowed to depend on the fickle breath of the multitude. There will be choruses of boys, girls, and grown-up persons, and all will be heard repeating the same strain, that 'virtue is happiness.' One of them will give the law to the rest; this will be the chorus of aged minstrels, who will sing the most beautiful and the most useful of songs. They will require a little wine, to mellow the austerity of age, and make them amenable to the laws.

      After having laid down as the first principle of politics, that peace, and not war, is the true aim of the legislator, and briefly discussed music and festive intercourse, at the commencement of the third book Plato makes a digression, in which he speaks of the origin of society. He describes, first of all, the family; secondly, the patriarchal stage, which is an aggregation of families; thirdly, the founding of regular cities, like Ilium; fourthly, the establishment of a military and political system, like that of Sparta, with which he identifies Argos and Messene, dating from the return of the Heraclidae. But the aims of states should be good, or else, like the prayer of Theseus, they may be ruinous to themselves. This was the case in two out of three of the Heracleid kingdoms. They did not understand that the powers in a state should be balanced. The balance of powers saved Sparta, while the excess of tyranny in Persia and the excess of liberty at Athens have been the ruin of both … This discourse on politics is suddenly discovered to have an immediate practical use; for Cleinias the Cretan is about to give laws to a new colony.

      At the beginning of the fourth book, after enquiring into the circumstances and situation of the colony, the Athenian proceeds to make further reflections. Chance, and God, and the skill of the legislator, all co-operate in the formation of states. And the most favourable condition for the foundation of a new one is when the government is in the hands of a virtuous tyrant who has the good fortune to be the contemporary of a great legislator. But a virtuous tyrant is a contradiction in terms; we can at best only hope to have magistrates who are the servants of reason and the law. This leads to the enquiry, what is to be the polity of our new state. And the answer is, that we are to fear God, and honour our parents, and to cultivate virtue and justice; these are to be our first principles. Laws must be definite, and we should create in the citizens a predisposition to obey them. The legislator will teach as well as command; and with this view he will prefix preambles to his principal laws.

      The fifth book commences in a sort of dithyramb with another and higher preamble about the honour due to the soul, whence are deduced the duties of a man to his parents and his friends, to the suppliant and stranger. He should be true and just, free from envy and excess of all sorts, forgiving to crimes which are not incurable and are partly involuntary; and he should have a true taste. The noblest life has the greatest pleasures and the fewest pains … Having finished the preamble, and touched on some other preliminary considerations, we proceed to the Laws, beginning with the constitution of the state. This is not the best or ideal state, having all things common, but only the second-best, in which the land and houses are to be distributed among 5040 citizens divided into four classes. There is to be no gold or silver among them, and they are to have moderate wealth, and to respect number and numerical order in all things.

      In the first part of the sixth book, Plato completes his sketch of the constitution by the appointment of officers. He explains the manner in which guardians of the law, generals, priests, wardens of town and country, ministers of education, and other magistrates are to be appointed; and also in what way courts of appeal are to be constituted, and omissions in the law to be supplied. Next—and at this point the Laws strictly speaking begin—there follow enactments respecting marriage and the procreation of children, respecting property in slaves as well as of other kinds, respecting houses, married life, common tables for men and women. The question of age in marriage suggests the consideration of a similar question about the time for holding offices, and for military service, which had been previously omitted.

      Resuming the order of the discussion, which was indicated in the previous book, from marriage and birth we proceed to education in the seventh book. Education is to begin at or rather before birth; to be continued for a time by mothers and nurses under the supervision of the state; finally, to comprehend music and gymnastics. Under music is included reading, writing, playing on the lyre, arithmetic, geometry, and a knowledge of astronomy sufficient to preserve the minds of the citizens from impiety in after-life. Gymnastics are to be practised chiefly with a view to their use in war. The discussion of education, which was lightly touched upon in Book ii, is here completed.

      The eighth book contains regulations for civil life, beginning with festivals, games, and contests, military exercises and the like. On such occasions Plato seems to see young men and maidens meeting together, and hence he is led into discussing the relations of the sexes, the evil consequences which arise out of the indulgence of the passions, and the remedies for them. Then he proceeds to speak of agriculture, of arts and trades, of buying and selling, and of foreign commerce.

      The remaining books of the Laws, ix-xii, are chiefly concerned with criminal offences. In the first class are placed offences against the Gods, especially sacrilege or robbery of temples: next follow offences against the state—conspiracy, treason, theft. The mention of thefts suggests a distinction between voluntary and involuntary, curable and incurable offences. Proceeding to the greater crime of homicide, Plato distinguishes between mere homicide, manslaughter, which is partly voluntary and partly involuntary, and murder, which arises from avarice, ambition, fear. He also enumerates murders by kindred, murders by slaves, wounds with or without intent to kill, wounds inflicted in anger, crimes of or against slaves, insults to parents. To these, various modes of purification or degrees of punishment are assigned, and the terrors of another world are also invoked against them.

      At the beginning of Book x, all acts of violence, including sacrilege, are summed up in a single law. The law is preceded by an admonition, in which the offenders are informed that no one ever did an unholy act or said an unlawful word while he retained his belief in the existence of the Gods; but either he denied their existence, or he believed that they took no care of man, or that they might be turned from their course by sacrifices and prayers. The remainder of the book is devoted to the refutation of these three classes of unbelievers, and concludes with the means to be taken for their reformation, and the announcement of their punishments if they continue obstinate and impenitent.

      The eleventh book is taken up with laws and with admonitions relating to individuals, which follow one another without any exact order. There are laws concerning deposits and the finding of treasure; concerning slaves and freedmen; concerning retail trade, bequests, divorces, enchantments, poisonings, magical arts, and the like. In the twelfth book the same subjects are continued. Laws are passed concerning violations of military discipline, concerning the high office of the examiners and their burial; concerning oaths and the violation of them, and the punishments of those who neglect their duties as citizens. Foreign travel is then discussed, and the permission to be accorded to citizens of journeying in foreign parts; the strangers who may come to visit the city are also spoken of, and the manner in which they are to be received. Laws are added respecting sureties, searches for property, right of possession by prescription, abduction of witnesses, theatrical competition, waging of private warfare, and bribery in offices. Rules are laid down respecting taxation, respecting economy in sacred rites, respecting judges, their duties and sentences, and respecting sepulchral places and ceremonies. Here the Laws end. Lastly, СКАЧАТЬ