Laws

In the Laws, the philosophers, if not banished, like the poets, are at least ignored; and religion takes the place of philosophy in the regulation of human life. It must however be remembered that the religion of Plato is co-extensive with morality, and is that purified religion and mythology of which he speaks in the second book of the Republic. There is no real discrepancy in the two works. In a practical treatise, he speaks of religion rather than of philosophy; just as he appears to identify virtue with pleasure, and rather seeks to find the common element of the virtues than to maintain his old paradoxical theses that they are one, or that they are identical with knowledge. The dialectic and the idea of good, which even Glaucon in the Republic could not understand, would be out of place in a less ideal work. There may also be a change in his own mind, the purely intellectual aspect of philosophy having a diminishing interest to him in his old age.

Some confusion occurs in the passage in which Plato speaks of the Republic, occasioned by his reference to a third state, which he proposes (D.V.) hereafter to expound. Like many other thoughts in the Laws, the allusion is obscure from not being worked out. Aristotle (Polit.) speaks of a state which is neither the best absolutely, nor the best under existing conditions, but an imaginary state, inferior to either, destitute, as he supposes, of the necessaries of life – apparently such a beginning of primitive society as is described in Laws iii. But it is not clear that by this the third state of Plato is intended. It is possible that Plato may have meant by his third state an historical sketch, bearing the same relation to the Laws which the unfinished Critias would have borne to the Republic; or he may, perhaps, have intended to describe a state more nearly approximating than the Laws to existing Greek states.

The Statesman is a mere fragment when compared with the Laws, yet combining a second interest of dialectic as well as politics, which is wanting in the larger work. Several points of similarity and contrast may be observed between them. In some respects the Statesman is even more ideal than the Republic, looking back to a former state of paradisiacal life, in which the Gods ruled over mankind, as the Republic looks forward to a coming kingdom of philosophers. Of this kingdom of Cronos there is also mention in the Laws. Again, in the Statesman, the Eleatic Stranger rises above law to the conception of the living voice of the lawgiver, who is able to provide for individual cases. A similar thought is repeated in the Laws: 'If in the order of nature, and by divine destiny, a man were able to apprehend the truth about these things, he would have no need of laws to rule over him; for there is no law or order above knowledge, nor can mind without impiety be deemed the subject or slave of any, but rather the lord of all.' The union of opposite natures, who form the warp and the woof of the political web, is a favourite thought which occurs in both dialogues (Laws; Statesman).

The Laws are confessedly a Second-best, an inferior Ideal, to which Plato has recourse, when he finds that the city of Philosophers is no longer 'within the horizon of practical politics.' But it is curious to observe that the higher Ideal is always returning (compare Arist. Polit.), and that he is not much nearer the actual fact, nor more on the level of ordinary life in the Laws than in the Republic. It is also interesting to remark that the new Ideal is always falling away, and that he hardly supposes the one to be more capable of being realized than the other. Human beings are troublesome to manage; and the legislator cannot adapt his enactments to the infinite variety of circumstances; after all he must leave the administration of them to his successors; and though he would have liked to make them as permanent as they are in Egypt, he cannot escape from the necessity of change. At length Plato is obliged to institute a Nocturnal Council which is supposed to retain the mind of the legislator, and of which some of the members are even supposed to go abroad and inspect the institutions of foreign countries, as a foundation for changes in their own. The spirit of such changes, though avoiding the extravagance of a popular assembly, being only so much change as the conservative temper of old members is likely to allow, is nevertheless inconsistent with the fixedness of Egypt which Plato wishes to impress upon Hellenic institutions. He is inconsistent with himself as the truth begins to dawn upon him that 'in the execution things for the most part fall short of our conception of them' (Republic).

And is not this true of ideals of government in general? We are always disappointed in them. Nothing great can be accomplished in the short space of human life; wherefore also we look forward to another (Republic). As we grow old, we are sensible that we have no power actively to pursue our ideals any longer. We have had our opportunity and do not aspire to be more than men: we have received our 'wages and are going home.' Neither do we despair of the future of mankind, because we have been able to do so little in comparison of the whole. We look in vain for consistency either in men or things. But we have seen enough of improvement in our own time to justify us in the belief that the world is worth working for and that a good man's life is not thrown away. Such reflections may help us to bring home to ourselves by inward sympathy the language of Plato in the Laws, and to combine into something like a whole his various and at first sight inconsistent utterances.

VI. The Republic may be described as the Spartan constitution appended to a government of philosophers. But in the Laws an Athenian element is also introduced. Many enactments are taken from the Athenian; the four classes are borrowed from the constitution of Cleisthenes, which Plato regards as the best form of Athenian government, and the guardians of the law bear a certain resemblance to the archons. In the constitution of the Laws nearly all officers are elected by a vote more or less popular and by lot. But the assembly only exists for the purposes of election, and has no legislative or executive powers. The Nocturnal Council, which is the highest body in the state, has several of the functions of the ancient Athenian Areopagus, after which it appears to be modelled. Life is to wear, as at Athens, a joyous and festive look; there are to be Bacchic choruses, and men of mature age are encouraged in moderate potations. On the other hand, the common meals, the public education, the crypteia are borrowed from Sparta and not from Athens, and the superintendence of private life, which was to be practised by the governors, has also its prototype in Sparta. The extravagant dislike which Plato shows both to a naval power and to extreme democracy is the reverse of Athenian.

The best-governed Hellenic states traced the origin of their laws to individual lawgivers. These were real persons, though we are uncertain how far they originated or only modified the institutions which are ascribed to them. But the lawgiver, though not a myth, was a fixed idea in the mind of the Greek, – as fixed as the Trojan war or the earth-born Cadmus. 'This was what Solon meant or said' – was the form in which the Athenian expressed his own conception of right and justice, or argued a disputed point of law. And the constant reference in the Laws of Plato to the lawgiver is altogether in accordance with Greek modes of thinking and speaking.

There is also, as in the Republic, a Pythagorean element. The highest branch of education is arithmetic; to know the order of the heavenly bodies, and to reconcile the apparent contradiction of their movements, is an important part of religion; the lives of the citizens are to have a common measure, as also their vessels and coins; the great blessing of the state is the number 5040. Plato is deeply impressed by the antiquity of Egypt, and the unchangeableness of her ancient forms of song and dance. And he is also struck by the progress which the Egyptians had made in the mathematical sciences – in comparison of them the Greeks appeared to him to be little better than swine. Yet he censures the Egyptian meanness and inhospitality to strangers. He has traced the growth of states from their rude beginnings in a philosophical spirit; but of any life or growth of the Hellenic world in future ages he is silent. He has made the reflection that past time is the maker of states (Book iii.); but he does not argue from the past to the future, that the process is always going on, or that the institutions of nations are relative to their stage of civilization. If he could have stamped indelibly upon Hellenic states the will of the legislator, he would have been satisfied. The utmost which he expects of future generations is that they should supply the omissions, or correct the errors which younger statesmen detect in his enactments. When institutions have been once subjected to this process of criticism, he would have them fixed for ever.

THE PREAMBLE.

BOOK I. Strangers, let me ask a question of you – Was a God or a man the author of your laws? 'A God, Stranger. In Crete, Zeus is said to have been the author of them; in Sparta, as Megillus will tell you, Apollo.' You Cretans believe, as Homer says, that Minos went every ninth year to converse with his Olympian sire, and gave you laws which he brought from him. 'Yes; and there was Rhadamanthus, his brother, who is reputed among us to have been a most righteous judge.' That is a reputation worthy of the son of Zeus. And as you and Megillus have been trained under these laws, I may ask you to give me an account of them. We can talk about them in our walk from Cnosus to the cave and temple of Zeus. I am told that the distance is considerable, but probably there are shady places under the trees, where, being no longer young, we may often rest and converse. 'Yes, Stranger, a little onward there are beautiful groves of cypresses, and green meadows in which we may repose.'

My first question is, Why has the law ordained that you should have common meals, and practise gymnastics, and bear arms? 'My answer is, that all our institutions are of a military character. We lead the life of the camp even in time of peace, keeping up the organization of an army, and having meals in common; and as our country, owing to its ruggedness, is ill-suited for heavy-armed cavalry or infantry, our soldiers are archers, equipped with bows and arrows. The legislator was under the idea that war was the natural state of all mankind, and that peace is only a pretence; he thought that no possessions had any value which were not secured against enemies.' And do you think that superiority in war is the proper aim of government? 'Certainly I do, and my Spartan friend will agree with me.' And are there wars, not only of state against state, but of village against village, of family against family, of individual against individual? 'Yes.' And is a man his own enemy? 'There you come to first principles, like a true votary of the goddess Athene; and this is all the better, for you will the sooner recognize the truth of what I am saying – that all men everywhere are the enemies of all, and each individual of every other and of himself; and, further, that there is a victory and defeat – the best and the worst – which each man sustains, not at the hands of another, but of himself.' And does this extend to states and villages as well as to individuals? 'Certainly; there is a better in them which conquers or is conquered by the worse.' Whether the worse ever really conquers the better, is a question which may be left for the present; but your meaning is, that bad citizens do sometimes overcome the good, and that the state is then conquered by herself, and that when they are defeated the state is victorious over herself. Or, again, in a family there may be several brothers, and the bad may be a majority; and when the bad majority conquer the good minority, the family are worse than themselves. The use of the terms 'better or worse than himself or themselves' may be doubtful, but about the thing meant there can be no dispute. 'Very true.' Such a struggle might be determined by a judge. And which will be the better judge – he who destroys the worse and lets the better rule, or he who lets the better rule and makes the others voluntarily obey; or, thirdly, he who destroys no one, but reconciles the two parties? 'The last, clearly.' But the object of such a judge or legislator would not be war. 'True.' And as there are two kinds of war, one without and one within a state, of which the internal is by far the worse, will not the legislator chiefly direct his attention to this latter? He will reconcile the contending factions, and unite them against their external enemies. 'Certainly.' Every legislator will aim at the greatest good, and the greatest good is not victory in war, whether civil or external, but mutual peace and good-will, as in the body health is preferable to the purgation of disease. He who makes war his object instead of peace, or who pursues war except for the sake of peace, is not a true statesman. 'And yet, Stranger, the laws both of Crete and Sparta aim entirely at war.' Perhaps so; but do not let us quarrel about your legislators – let us be gentle; they were in earnest quite as much as we are, and we must try to discover their meaning. The poet Tyrtaeus (you know his poems in Crete, and my Lacedaemonian friend is only too familiar with them) – he was an Athenian by birth, and a Spartan citizen: – 'Well,' he says, 'I sing not, I care not about any man, however rich or happy, unless he is brave in war.' Now I should like, in the name of us all, to ask the poet a question. Oh Tyrtaeus, I would say to him, we agree with you in praising those who excel in war, but which kind of war do you mean? – that dreadful war which is termed civil, or the milder sort which is waged against foreign enemies? You say that you abominate 'those who are not eager to taste their enemies' blood,' and you seem to mean chiefly their foreign enemies. 'Certainly he does.' But we contend that there are men better far than your heroes, Tyrtaeus, concerning whom another poet, Theognis the Sicilian, says that 'in a civil broil they are worth their weight in gold and silver.' For in a civil war, not only courage, but justice and temperance and wisdom are required, and all virtue is better than a part. The mercenary soldier is ready to die at his post; yet he is commonly a violent, senseless creature. And the legislator, whether inspired or uninspired, will make laws with a view to the highest virtue; and this is not brute courage, but loyalty in the hour of danger. The virtue of Tyrtaeus, although needful enough in his own time, is really of a fourth-rate description. 'You are degrading our legislator to a very low level.' Nay, we degrade not him, but ourselves, if we believe that the laws of Lycurgus and Minos had a view to war only. A divine lawgiver would have had regard to all the different kinds of virtue, and have arranged his laws in corresponding classes, and not in the modern fashion, which only makes them after the want of them is felt, – about inheritances and heiresses and assaults, and the like. As you truly said, virtue is the business of the legislator; but you went wrong when you referred all legislation to a part of virtue, and to an inferior part. For the object of laws, whether the Cretan or any other, is to make men happy. Now happiness or good is of two kinds – there are divine and there are human goods. He who has the divine has the human added to him; but he who has lost the greater is deprived of both. The lesser goods are health, beauty, strength, and, lastly, wealth; not the blind God, Pluto, but one who has eyes to see and follow wisdom. For mind or wisdom is the most divine of all goods; and next comes temperance, and justice springs from the union of wisdom and temperance with courage, which is the fourth or last. These four precede other goods, and the legislator will arrange all his ordinances accordingly, the human going back to the divine, and the divine to their leader mind. There will be enactments about marriage, about education, about all the states and feelings and experiences of men and women, at every age, in weal and woe, in war and peace; upon all the law will fix a stamp of praise and blame. There will also be regulations about property and expenditure, about contracts, about rewards and punishments, and finally about funeral rites and honours of the dead. The lawgiver will appoint guardians to preside over these things; and mind will harmonize his ordinances, and show them to be in agreement with temperance and justice. Now I want to know whether the same principles are observed in the laws of Lycurgus and Minos, or, as I should rather say, of Apollo and Zeus. We must go through the virtues, beginning with courage, and then we will show that what has preceded has relation to virtue.

'I wish,' says the Lacedaemonian, 'that you, Stranger, would first criticize Cleinias and the Cretan laws.' Yes, is the reply, and I will criticize you and myself, as well as him. Tell me, Megillus, were not the common meals and gymnastic training instituted by your legislator with a view to war? 'Yes; and next in the order of importance comes hunting, and fourth the endurance of pain in boxing contests, and in the beatings which are the punishment of theft. There is, too, the so-called Crypteia or secret service, in which our youth wander about the country night and day unattended, and even in winter go unshod and have no beds to lie on. Moreover they wrestle and exercise under a blazing sun, and they have many similar customs.' Well, but is courage only a combat against fear and pain, and not against pleasure and flattery? 'Against both, I should say.' And which is worse, – to be overcome by pain, or by pleasure? 'The latter.' But did the lawgivers of Crete and Sparta legislate for a courage which is lame of one leg, – able to meet the attacks of pain but not those of pleasure, or for one which can meet both? 'For a courage which can meet both, I should say.' But if so, where are the institutions which train your citizens to be equally brave against pleasure and pain, and superior to enemies within as well as without? 'We confess that we have no institutions worth mentioning which are of this character.' I am not surprised, and will therefore only request forbearance on the part of us all, in case the love of truth should lead any of us to censure the laws of the others. Remember that I am more in the way of hearing criticisms of your laws than you can be; for in well-ordered states like Crete and Sparta, although an old man may sometimes speak of them in private to a ruler or elder, a similar liberty is not allowed to the young. But now being alone we shall not offend your legislator by a friendly examination of his laws. 'Take any freedom which you like.'

My first observation is, that your lawgiver ordered you to endure hardships, because he thought that those who had not this discipline would run away from those who had. But he ought to have considered further, that those who had never learned to resist pleasure would be equally at the mercy of those who had, and these are often among the worst of mankind. Pleasure, like fear, would overcome them and take away their courage and freedom. 'Perhaps; but I must not be hasty in giving my assent.'

Next as to temperance: what institutions have you which are adapted to promote temperance? 'There are the common meals and gymnastic exercises.' These are partly good and partly bad, and, as in medicine, what is good at one time and for one person, is bad at another time and for another person. Now although gymnastics and common meals do good, they are also a cause of evil in civil troubles, and they appear to encourage unnatural love, as has been shown at Miletus, in Boeotia, and at Thurii. And the Cretans are said to have invented the tale of Zeus and Ganymede in order to justify their evil practices by the example of the God who was their lawgiver. Leaving the story, we may observe that all law has to do with pleasure and pain; these are two fountains which are ever flowing in human nature, and he who drinks of them when and as much as he ought, is happy, and he who indulges in them to excess, is miserable. 'You may be right, but I still incline to think that the Lacedaemonian lawgiver did well in forbidding pleasure, if I may judge from the result. For there is no drunken revelry in Sparta, and any one found in a state of intoxication is severely punished; he is not excused as an Athenian would be at Athens on account of a festival. I myself have seen the Athenians drunk at the Dionysia – and at our colony, Tarentum, on a similar occasion, I have beheld the whole city in a state of intoxication.' I admit that these festivals should be properly regulated. Yet I might reply, 'Yes, Spartans, that is not your vice; but look at home and remember the licentiousness of your women.' And to all such accusations every one of us may reply in turn: – 'Wonder not, Stranger; there are different customs in different countries.' Now this may be a sufficient answer; but we are speaking about the wisdom of lawgivers and not about the customs of men. To return to the question of drinking: shall we have total abstinence, as you have, or hard drinking, like the Scythians and Thracians, or moderate potations like the Persians? 'Give us arms, and we send all these nations flying before us.' My good friend, be modest; victories and defeats often arise from unknown causes, and afford no proof of the goodness or badness of institutions. The stronger overcomes the weaker, as the Athenians have overcome the Ceans, or the Syracusans the Locrians, who are, perhaps, the best governed state in that part of the world. People are apt to praise or censure practices without enquiring into the nature of them. This is the way with drink: one person brings many witnesses, who sing the praises of wine; another declares that sober men defeat drunkards in battle; and he again is refuted in turn. I should like to conduct the argument on some other method; for if you regard numbers, there are two cities on one side, and ten thousand on the other. 'I am ready to pursue any method which is likely to lead us to the truth.' Let me put the matter thus: Somebody praises the useful qualities of a goat; another has seen goats running about wild in a garden, and blames a goat or any other animal which happens to be without a keeper. 'How absurd!' Would a pilot who is sea-sick be a good pilot? 'No.' Or a general who is sick and drunk with fear and ignorant of war a good general? 'A general of old women he ought to be.' But can any one form an estimate of any society, which is intended to have a ruler, and which he only sees in an unruly and lawless state? 'No.' There is a convivial form of society – is there not? 'Yes.' And has this convivial society ever been rightly ordered? Of course you Spartans and Cretans have never seen anything of the kind, but I have had wide experience, and made many enquiries about such societies, and have hardly ever found anything right or good in them. 'We acknowledge our want of experience, and desire to learn of you.' Will you admit that in all societies there must be a leader? 'Yes.' And in time of war he must be a man of courage and absolutely devoid of fear, if this be possible? 'Certainly.' But we are talking now of a general who shall preside at meetings of friends – and as these have a tendency to be uproarious, they ought above all others to have a governor. 'Very good.' He should be a sober man and a man of the world, who will keep, make, and increase the peace of the society; a drunkard in charge of drunkards would be singularly fortunate if he avoided doing a serious mischief. 'Indeed he would.' Suppose a person to censure such meetings – he may be right, but also he may have known them only in their disorderly state, under a drunken master of the feast; and a drunken general or pilot cannot save his army or his ships. 'True; but although I see the advantage of an army having a good general, I do not equally see the good of a feast being well managed.' If you mean to ask what good accrues to the state from the right training of a single youth or a single chorus, I should reply, 'Not much'; but if you ask what is the good of education in general, I answer, that education makes good men, and that good men act nobly and overcome their enemies in battle. Victory is often suicidal to the victors, because it creates forgetfulness of education, but education itself is never suicidal. 'You imply that the regulation of convivial meetings is a part of education; how will you prove this?' I will tell you. But first let me offer a word of apology. We Athenians are always thought to be fond of talking, whereas the Lacedaemonian is celebrated for brevity, and the Cretan is considered to be sagacious and reserved. Now I fear that I may be charged with spinning a long discourse out of slender materials. For drinking cannot be rightly ordered without correct principles of music, and music runs up into education generally, and to discuss all these matters may be tedious; if you like, therefore, we will pass on to another part of our subject. 'Are you aware, Athenian, that our family is your proxenus at Sparta, and that from my boyhood I have regarded Athens as a second country, and having often fought your battles in my youth, I have become attached to you, and love the sound of the Attic dialect? The saying is true, that the best Athenians are more than ordinarily good, because they are good by nature; therefore, be assured that I shall be glad to hear you talk as much as you please.' 'I, too,' adds Cleinias, 'have a tie which binds me to you. You know that Epimenides, the Cretan prophet, came and offered sacrifices in your city by the command of an oracle ten years before the Persian war. He told the Athenians that the Persian host would not come for ten years, and would go away again, having suffered more harm than they had inflicted. Now Epimenides was of my family, and when he visited Athens he entered into friendship with your forefathers.' I see that you are willing to listen, and I have the will to speak, if I had only the ability. But, first, I must define the nature and power of education, and by this road we will travel on to the God Dionysus. The man who is to be good at anything must have early training; – the future builder must play at building, and the husbandman at digging; the soldier must learn to ride, and the carpenter to measure and use the rule, – all the thoughts and pleasures of children should bear on their after-profession. – Do you agree with me? 'Certainly.' And we must remember further that we are speaking of the education, not of a trainer, or of the captain of a ship, but of a perfect citizen who knows how to rule and how to obey; and such an education aims at virtue, and not at wealth or strength or mere cleverness. To the good man, education is of all things the most precious, and is also in constant need of renovation. 'We agree.' And we have before agreed that good men are those who are able to control themselves, and bad men are those who are not. Let me offer you an illustration which will assist our argument. Man is one; but in one and the same man are two foolish counsellors who contend within him – pleasure and pain, and of either he has expectations which we call hope and fear; and he is able to reason about good and evil, and reason, when affirmed by the state, becomes law. 'We cannot follow you.' Let me put the matter in another way: Every creature is a puppet of the Gods – whether he is a mere plaything or has any serious use we do not know; but this we do know, that he is drawn different ways by cords and strings. There is a soft golden cord which draws him towards virtue – this is the law of the state; and there are other cords made of iron and hard materials drawing him other ways. The golden reasoning influence has nothing of the nature of force, and therefore requires ministers in order to vanquish the other principles. This explains the doctrine that cities and citizens both conquer and are conquered by themselves. The individual follows reason, and the city law, which is embodied reason, either derived from the Gods or from the legislator. When virtue and vice are thus distinguished, education will be better understood, and in particular the relation of education to convivial intercourse. And now let us set wine before the puppet. You admit that wine stimulates the passions? 'Yes.' And does wine equally stimulate the reasoning faculties? 'No; it brings the soul back to a state of childhood.' In such a state a man has the least control over himself, and is, therefore, worst. 'Very true.' Then how can we believe that drinking should be encouraged? 'You seem to think that it ought to be.' And I am ready to maintain my position. 'We should like to hear you prove that a man ought to make a beast of himself.' You are speaking of the degradation of the soul: but how about the body? Would any man willingly degrade or weaken that? 'Certainly not.' And yet if he goes to a doctor or a gymnastic master, does he not make himself ill in the hope of getting well? for no one would like to be always taking medicine, or always to be in training. 'True.' And may not convivial meetings have a similar remedial use? And if so, are they not to be preferred to other modes of training because they are painless? 'But have they any such use?' Let us see: Are there not two kinds of fear – fear of evil and fear of an evil reputation? 'There are.' The latter kind of fear is opposed both to the fear of pain and to the love of pleasure. This is called by the legislator reverence, and is greatly honoured by him and by every good man; whereas confidence, which is the opposite quality, is the worst fault both of individuals and of states. This sort of fear or reverence is one of the two chief causes of victory in war, fearlessness of enemies being the other. 'True.' Then every one should be both fearful and fearless? 'Yes.' The right sort of fear is infused into a man when he comes face to face with shame, or cowardice, or the temptations of pleasure, and has to conquer them. He must learn by many trials to win the victory over himself, if he is ever to be made perfect. 'That is reasonable enough.' And now, suppose that the Gods had given mankind a drug, of which the effect was to exaggerate every sort of evil and danger, so that the bravest man entirely lost his presence of mind and became a coward for a time: – would such a drug have any value? 'But is there such a drug?' No; but suppose that there were; might not the legislator use such a mode of testing courage and cowardice? 'To be sure.' The legislator would induce fear in order to implant fearlessness; and would give rewards or punishments to those who behaved well or the reverse, under the influence of the drug? 'Certainly.' And this mode of training, whether practised in the case of one or many, whether in solitude or in the presence of a large company – if a man have sufficient confidence in himself to drink the potion amid his boon companions, leaving off in time and not taking too much, – would be an equally good test of temperance? 'Very true.' Let us return to the lawgiver and say to him, 'Well, lawgiver, no such fear-producing potion has been given by God or invented by man, but there is a potion which will make men fearless.' 'You mean wine.' Yes; has not wine an effect the contrary of that which I was just now describing, – first mellowing and humanizing a man, and then filling him with confidence, making him ready to say or do anything? 'Certainly.' Let us not forget that there are two qualities which should be cultivated in the soul – first, the greatest fearlessness, and, secondly, the greatest fear, which are both parts of reverence. Courage and fearlessness are trained amid dangers; but we have still to consider how fear is to be trained. We desire to attain fearlessness and confidence without the insolence and boldness which commonly attend them. For do not love, ignorance, avarice, wealth, beauty, strength, while they stimulate courage, also madden and intoxicate the soul? What better and more innocent test of character is there than festive intercourse? Would you make a bargain with a man in order to try whether he is honest? Or would you ascertain whether he is licentious by putting your wife or daughter into his hands? No one would deny that the test proposed is fairer, speedier, and safer than any other. And such a test will be particularly useful in the political science, which desires to know human natures and characters. 'Very true.'

BOOK II. And are there any other uses of well-ordered potations? There are; but in order to explain them, I must repeat what I mean by right education; which, if I am not mistaken, depends on the due regulation of convivial intercourse. 'A high assumption.' I believe that virtue and vice are originally present to the mind of children in the form of pleasure and pain; reason and fixed principles come later, and happy is he who acquires them even in declining years; for he who possesses them is the perfect man. When pleasure and pain, and love and hate, are rightly implanted in the yet unconscious soul, and after the attainment of reason are discovered to be in harmony with her, this harmony of the soul is virtue, and the preparatory stage, anticipating reason, I call education. But the finer sense of pleasure and pain is apt to be impaired in the course of life; and therefore the Gods, pitying the toils and sorrows of mortals, have allowed them to have holidays, and given them the Muses and Apollo and Dionysus for leaders and playfellows. All young creatures love motion and frolic, and utter sounds of delight; but man only is capable of taking pleasure in rhythmical and harmonious movements. With these education begins; and the uneducated is he who has never known the discipline of the chorus, and the educated is he who has. The chorus is partly dance and partly song, and therefore the well-educated must sing and dance well. But when we say, 'He sings and dances well,' we mean that he sings and dances what is good. And if he thinks that to be good which is really good, he will have a much higher music and harmony in him, and be a far greater master of imitation in sound and gesture than he who is not of this opinion. 'True.' Then, if we know what is good and bad in song and dance, we shall know what education is? 'Very true.' Let us now consider the beauty of figure, melody, song, and dance. Will the same figures or sounds be equally well adapted to the manly and the cowardly when they are in trouble? 'How can they be, when the very colours of their faces are different?' Figures and melodies have a rhythm and harmony which are adapted to the expression of different feelings (I may remark, by the way, that the term 'colour,' which is a favourite word of music-masters, is not really applicable to music). And one class of harmonies is akin to courage and all virtue, the other to cowardice and all vice. 'We agree.' And do all men equally like all dances? 'Far otherwise.' Do some figures, then, appear to be beautiful which are not? For no one will admit that the forms of vice are more beautiful than the forms of virtue, or that he prefers the first kind to the second. And yet most persons say that the merit of music is to give pleasure. But this is impiety. There is, however, a more plausible account of the matter given by others, who make their likes or dislikes the criterion of excellence. Sometimes nature crosses habit, or conversely, and then they say that such and such fashions or gestures are pleasant, but they do not like to exhibit them before men of sense, although they enjoy them in private. 'Very true.' And do vicious measures and strains do any harm, or good measures any good to the lovers of them? 'Probably.' Say, rather 'Certainly': for the gentle indulgence which we often show to vicious men inevitably makes us become like them. And what can be worse than this? 'Nothing.' Then in a well-administered city, the poet will not be allowed to make the songs of the people just as he pleases, or to train his choruses without regard to virtue and vice. 'Certainly not.' And yet he may do this anywhere except in Egypt; for there ages ago they discovered the great truth which I am now asserting, that the young should be educated in forms and strains of virtue. These they fixed and consecrated in their temples; and no artist or musician is allowed to deviate from them. They are literally the same which they were ten thousand years ago. And this practice of theirs suggests the reflection that legislation about music is not an impossible thing. But the particular enactments must be the work of God or of some God-inspired man, as in Egypt their ancient chants are said to be the composition of the goddess Isis. The melodies which have a natural truth and correctness should be embodied in a law, and then the desire of novelty is not strong enough to change the old fashions. Is not the origin of music as follows? We rejoice when we think that we prosper, and we think that we prosper when we rejoice, and at such times we cannot rest, but our young men dance dances and sing songs, and our old men, who have lost the elasticity of youth, regale themselves with the memory of the past, while they contemplate the life and activity of the young. 'Most true.' People say that he who gives us most pleasure at such festivals is to win the palm: are they right? 'Possibly.' Let us not be hasty in deciding, but first imagine a festival at which the lord of the festival, having assembled the citizens, makes a proclamation that he shall be crowned victor who gives the most pleasure, from whatever source derived. We will further suppose that there are exhibitions of rhapsodists and musicians, tragic and comic poets, and even marionette-players – which of the pleasure-makers will win? Shall I answer for you? – the marionette-players will please the children; youths will decide for comedy; young men, educated women, and people in general will prefer tragedy; we old men are lovers of Homer and Hesiod. Now which of them is right? If you and I are asked, we shall certainly say that the old men's way of thinking ought to prevail. 'Very true.' So far I agree with the many that the excellence of music is to be measured by pleasure; but then the pleasure must be that of the good and educated, or better still, of one supremely virtuous and educated man. The true judge must have both wisdom and courage. For he must lead the multitude and not be led by them, and must not weakly yield to the uproar of the theatre, nor give false judgment out of that mouth which has just appealed to the Gods. The ancient custom of Hellas, which still prevails in Italy and Sicily, left the judgment to the spectators, but this custom has been the ruin of the poets, who seek only to please their patrons, and has degraded the audience by the representation of inferior characters. What is the inference? The same which we have often drawn, that education is the training of the young idea in what the law affirms and the elders approve. And as the soul of a child is too young to be trained in earnest, a kind of education has been invented which tempts him with plays and songs, as the sick are tempted by pleasant meats and drinks. And the wise legislator will compel the poet to express in his poems noble thoughts in fitting words and rhythms. 'But is this the practice elsewhere than in Crete and Lacedaemon? In other states, as far as I know, dances and music are constantly changed at the pleasure of the hearers.' I am afraid that I misled you; not liking to be always finding fault with mankind as they are, I described them as they ought to be. But let me understand: you say that such customs exist among the Cretans and Lacedaemonians, and that the rest of the world would be improved by adopting them? 'Much improved.' And you compel your poets to declare that the righteous are happy, and that the wicked man, even if he be as rich as Midas, is unhappy? Or, in the words of Tyrtaeus, 'I sing not, I care not about him' who is a great warrior not having justice; if he be unjust, 'I would not have him look calmly upon death or be swifter than the wind'; and may he be deprived of every good – that is, of every true good. For even if he have the goods which men regard, these are not really goods: first health; beauty next; thirdly wealth; and there are others. A man may have every sense purged and improved; he may be a tyrant, and do what he likes, and live for ever: but you and I will maintain that all these things are goods to the just, but to the unjust the greatest of evils, if life be immortal; not so great if he live for a short time only. If a man had health and wealth, and power, and was insolent and unjust, his life would still be miserable; he might be fair and rich, and do what he liked, but he would live basely, and if basely evilly, and if evilly painfully. 'There I cannot agree with you.' Then may heaven give us the spirit of agreement, for I am as convinced of the truth of what I say as that Crete is an island; and, if I were a lawgiver, I would exercise a censorship over the poets, and I would punish them if they said that the wicked are happy, or that injustice is profitable. And these are not the only matters in which I should make my citizens talk in a different way to the world in general. If I asked Zeus and Apollo, the divine legislators of Crete and Sparta, – 'Are the just and pleasant life the same or not the same'? – and they replied, – 'Not the same'; and I asked again – 'Which is the happier'? And they said' – 'The pleasant life,' this is an answer not fit for a God to utter, and therefore I ought rather to put the same question to some legislator. And if he replies 'The pleasant,' then I should say to him, 'O my father, did you not tell me that I should live as justly as possible'? and if to be just is to be happy, what is that principle of happiness or good which is superior to pleasure? Is the approval of gods and men to be deemed good and honourable, but unpleasant, and their disapproval the reverse? Or is the neither doing nor suffering evil good and honourable, although not pleasant? But you cannot make men like what is not pleasant, and therefore you must make them believe that the just is pleasant. The business of the legislator is to clear up this confusion. He will show that the just and the unjust are identical with the pleasurable and the painful, from the point of view of the just man, of the unjust the reverse. And which is the truer judgment? Surely that of the better soul. For if not the truth, it is the best and most moral of fictions; and the legislator who desires to propagate this useful lie, may be encouraged by remarking that mankind have believed the story of Cadmus and the dragon's teeth, and therefore he may be assured that he can make them believe anything, and need only consider what fiction will do the greatest good. That the happiest is also the holiest, this shall be our strain, which shall be sung by all three choruses alike. First will enter the choir of children, who will lift up their voices on high; and after them the young men, who will pray the God Paean to be gracious to the youth, and to testify to the truth of their words; then will come the chorus of elder men, between thirty and sixty; and, lastly, there will be the old men, and they will tell stories enforcing the same virtues, as with the voice of an oracle. 'Whom do you mean by the third chorus?' You remember how I spoke at first of the restless nature of young creatures, who jumped about and called out in a disorderly manner, and I said that no other animal attained any perception of rhythm; but that to us the Gods gave Apollo and the Muses and Dionysus to be our playfellows. Of the two first choruses I have already spoken, and I have now to speak of the third, or Dionysian chorus, which is composed of those who are between thirty and sixty years old. 'Let us hear.' We are agreed (are we not?) that men, women, and children should be always charming themselves with strains of virtue, and that there should be a variety in the strains, that they may not weary of them? Now the fairest and most useful of strains will be uttered by the elder men, and therefore we cannot let them off. But how can we make them sing? For a discreet elderly man is ashamed to hear the sound of his own voice in private, and still more in public. The only way is to give them drink; this will mellow the sourness of age. No one should be allowed to taste wine until they are eighteen; from eighteen to thirty they may take a little; but when they have reached forty years, they may be initiated into the mystery of drinking. Thus they will become softer and more impressible; and when a man's heart is warm within him, he will be more ready to charm himself and others with song. And what songs shall he sing? 'At Crete and Lacedaemon we only know choral songs.' Yes; that is because your way of life is military. Your young men are like wild colts feeding in a herd together; no one takes the individual colt and trains him apart, and tries to give him the qualities of a statesman as well as of a soldier. He who was thus trained would be a greater warrior than those of whom Tyrtaeus speaks, for he would be courageous, and yet he would know that courage was only fourth in the scale of virtue. 'Once more, I must say, Stranger, that you run down our lawgivers.' Not intentionally, my good friend, but whither the argument leads I follow; and I am trying to find some style of poetry suitable for those who dislike the common sort. 'Very good.' In all things which have a charm, either this charm is their good, or they have some accompanying truth or advantage. For example, in eating and drinking there is pleasure and also profit, that is to say, health; and in learning there is a pleasure and also truth. There is a pleasure or charm, too, in the imitative arts, as well as a law of proportion or equality; but the pleasure which they afford, however innocent, is not the criterion of their truth. The test of pleasure cannot be applied except to that which has no other good or evil, no truth or falsehood. But that which has truth must be judged of by the standard of truth, and therefore imitation and proportion are to be judged of by their truth alone. 'Certainly.' And as music is imitative, it is not to be judged by the criterion of pleasure, and the Muse whom we seek is the muse not of pleasure but of truth, for imitation has a truth. 'Doubtless.' And if so, the judge must know what is being imitated before he decides on the quality of the imitation, and he who does not know what is true will not know what is good. 'He will not.' Will any one be able to imitate the human body, if he does not know the number, proportion, colour, or figure of the limbs? 'How can he?' But suppose we know some picture or figure to be an exact resemblance of a man, should we not also require to know whether the picture is beautiful or not? 'Quite right.' The judge of the imitation is required to know, therefore, first the original, secondly the truth, and thirdly the merit of the execution? 'True.' Then let us not weary in the attempt to bring music to the standard of the Muses and of truth. The Muses are not like human poets; they never spoil or mix rhythms or scales, or mingle instruments and human voices, or confuse the manners and strains of men and women, or of freemen and slaves, or of rational beings and brute animals. They do not practise the baser sorts of musical arts, such as the 'matured judgments,' of whom Orpheus speaks, would ridicule. But modern poets separate metre from music, and melody and rhythm from words, and use the instrument alone without the voice. The consequence is, that the meaning of the rhythm and of the time are not understood. I am endeavouring to show how our fifty-year-old choristers are to be trained, and what they are to avoid. The opinion of the multitude about these matters is worthless; they who are only made to step in time by sheer force cannot be critics of music. 'Impossible.' Then our newly-appointed minstrels must be trained in music sufficiently to understand the nature of rhythms and systems; and they should select such as are suitable to men of their age, and will enable them to give and receive innocent pleasure. This is a knowledge which goes beyond that either of the poets or of their auditors in general. For although the poet must understand rhythm and music, he need not necessarily know whether the imitation is good or not, which was the third point required in a judge; but our chorus of elders must know all three, if they are to be the instructors of youth.

And now we will resume the original argument, which may be summed up as follows: A convivial meeting is apt to grow tumultuous as the drinking proceeds; every man becomes light-headed, and fancies that he can rule the whole world. 'Doubtless.' And did we not say that the souls of the drinkers, when subdued by wine, are made softer and more malleable at the hand of the legislator? the docility of childhood returns to them. At times however they become too valiant and disorderly, drinking out of their turn, and interrupting one another. And the business of the legislator is to infuse into them that divine fear, which we call shame, in opposition to this disorderly boldness. But in order to discipline them there must be guardians of the law of drinking, and sober generals who shall take charge of the private soldiers; they are as necessary in drinking as in fighting, and he who disobeys these Dionysiac commanders will be equally disgraced. 'Very good.' If a drinking festival were well regulated, men would go away, not as they now do, greater enemies, but better friends. Of the greatest gift of Dionysus I hardly like to speak, lest I should be misunderstood. 'What is that?' According to tradition Dionysus was driven mad by his stepmother Here, and in order to revenge himself he inspired mankind with Bacchic madness. But these are stories which I would rather not repeat. However I do acknowledge that all men are born in an imperfect state, and are at first restless, irrational creatures: this, as you will remember, has been already said by us. 'I remember.' And that Apollo and the Muses and Dionysus gave us harmony and rhythm? 'Very true.' The other story implies that wine was given to punish us and make us mad; but we contend that wine is a balm and a cure; a spring of modesty in the soul, and of health and strength in the body. Again, the work of the chorus is co-extensive with the work of education; rhythm and melody answer to the voice, and the motions of the body correspond to all three, and the sound enters in and educates the soul in virtue. 'Yes.' And the movement which, when pursued as an amusement, is termed dancing, when studied with a view to the improvement of the body, becomes gymnastic. Shall we now proceed to speak of this? 'What Cretan or Lacedaemonian would approve of your omitting gymnastic?' Your question implies assent; and you will easily understand a subject which is familiar to you. Gymnastic is based on the natural tendency of every animal to rapid motion; and man adds a sense of rhythm, which is awakened by music; music and dancing together form the choral art. But before proceeding I must add a crowning word about drinking. Like other pleasures, it has a lawful use; but if a state or an individual is inclined to drink at will, I cannot allow them. I would go further than Crete or Lacedaemon and have the law of the Carthaginians, that no slave of either sex should drink wine at all, and no soldier while he is on a campaign, and no magistrate or officer while he is on duty, and that no one should drink by daylight or on a bridal night. And there are so many other occasions on which wine ought to be prohibited, that there will not be many vines grown or vineyards required in the state.

BOOK III. If a man wants to know the origin of states and societies, he should behold them from the point of view of time. Thousands of cities have come into being and have passed away again in infinite ages, every one of them having had endless forms of government; and if we can ascertain the cause of these changes in states, that will probably explain their origin. What do you think of ancient traditions about deluges and destructions of mankind, and the preservation of a remnant? 'Every one believes in them.' Then let us suppose the world to have been destroyed by a deluge. The survivors would be hill-shepherds, small sparks of the human race, dwelling in isolation, and unacquainted with the arts and vices of civilization. We may further suppose that the cities on the plain and on the coast have been swept away, and that all inventions, and every sort of knowledge, have perished. 'Why, if all things were as they now are, nothing would have ever been invented. All our famous discoveries have been made within the last thousand years, and many of them are but of yesterday.' Yes, Cleinias, and you must not forget Epimenides, who was really of yesterday; he practised the lesson of moderation and abstinence which Hesiod only preached. 'True.' After the great destruction we may imagine that the earth was a desert, in which there were a herd or two of oxen and a few goats, hardly enough to support those who tended them; while of politics and governments the survivors would know nothing. And out of this state of things have arisen arts and laws, and a great deal of virtue and a great deal of vice; little by little the world has come to be what it is. At first, the few inhabitants would have had a natural fear of descending into the plains; although they would want to have intercourse with one another, they would have a difficulty in getting about, having lost the arts, and having no means of extracting metals from the earth, or of felling timber; for even if they had saved any tools, these would soon have been worn out, and they could get no more until the art of metallurgy had been again revived. Faction and war would be extinguished among them, for being solitary they would incline to be friendly; and having abundance of pasture and plenty of milk and flesh, they would have nothing to quarrel about. We may assume that they had also dwellings, clothes, pottery, for the weaving and plastic arts do not require the use of metals. In those days they were neither poor nor rich, and there was no insolence or injustice among them; for they were of noble natures, and lived up to their principles, and believed what they were told; knowing nothing of land or naval warfare, or of legal practices or party conflicts, they were simpler and more temperate, and also more just than the men of our day. 'Very true.' I am showing whence the need of lawgivers arises, for in primitive ages they neither had nor wanted them. Men lived according to the customs of their fathers, in a simple manner, under a patriarchal government, such as still exists both among Hellenes and barbarians, and is described in Homer as prevailing among the Cyclopes: —

'They have no laws, and they dwell in rocks or on the tops of mountains, and every one is the judge of his wife and children, and they do not trouble themselves about one another.'

'That is a charming poet of yours, though I know little of him, for in Crete foreign poets are not much read.' 'But he is well known in Sparta, though he describes Ionian rather than Dorian manners, and he seems to take your view of primitive society.' May we not suppose that government arose out of the union of single families who survived the destruction, and were under the rule of patriarchs, because they had originally descended from a single father and mother? 'That is very probable.' As time went on, men increased in number, and tilled the ground, living in a common habitation, which they protected by walls against wild beasts; but the several families retained the laws and customs which they separately received from their first parents. They would naturally like their own laws better than any others, and would be already formed by them when they met in a common society: thus legislation imperceptibly began among them. For in the next stage the associated families would appoint plenipotentiaries, who would select and present to the chiefs those of all their laws which they thought best. The chiefs in turn would make a further selection, and would thus become the lawgivers of the state, which they would form into an aristocracy or a monarchy. 'Probably.' In the third stage various other forms of government would arise. This state of society is described by Homer in speaking of the foundation of Dardania, which, he says,

'was built at the foot of many-fountained Ida, for Ilium,

the city of the plain, as yet was not.'

Here, as also in the account of the Cyclopes, the poet by some divine inspiration has attained truth. But to proceed with our tale. Ilium was built in a wide plain, on a low hill, which was surrounded by streams descending from Ida. This shows that many ages must have passed; for the men who remembered the deluge would never have placed their city at the mercy of the waters. When mankind began to multiply, many other cities were built in similar situations. These cities carried on a ten years' war against Troy, by sea as well as land, for men were ceasing to be afraid of the sea, and, in the meantime, while the chiefs of the army were at Troy, their homes fell into confusion. The youth revolted and refused to receive their own fathers; deaths, murders, exiles ensued. Under the new name of Dorians, which they received from their chief Dorieus, the exiles returned: the rest of the story is part of the history of Sparta.

Thus, after digressing from the subject of laws into music and drinking, we return to the settlement of Sparta, which in laws and institutions is the sister of Crete. We have seen the rise of a first, second, and third state, during the lapse of ages; and now we arrive at a fourth state, and out of the comparison of all four we propose to gather the nature of laws and governments, and the changes which may be desirable in them. 'If,' replies the Spartan, 'our new discussion is likely to be as good as the last, I would think the longest day too short for such an employment.'

Let us imagine the time when Lacedaemon, and Argos, and Messene were all subject, Megillus, to your ancestors. Afterwards, they distributed the army into three portions, and made three cities – Argos, Messene, Lacedaemon. 'Yes.' Temenus was the king of Argos, Cresphontes of Messene, Procles and Eurysthenes ruled at Lacedaemon. 'Just so.' And they all swore to assist any one of their number whose kingdom was subverted. 'Yes.' But did we not say that kingdoms or governments can only be subverted by themselves? 'That is true.' Yes, and the truth is now proved by facts: there were certain conditions upon which the three kingdoms were to assist one another; the government was to be mild and the people obedient, and the kings and people were to unite in assisting either of the two others when they were wronged. This latter condition was a great security. 'Clearly.' Such a provision is in opposition to the common notion that the lawgiver should make only such laws as the people like; but we say that he should rather be like a physician, prepared to effect a cure even at the cost of considerable suffering. 'Very true.' The early lawgivers had another great advantage – they were saved from the reproach which attends a division of land and the abolition of debts. No one could quarrel with the Dorians for dividing the territory, and they had no debts of long standing. 'They had not.' Then what was the reason why their legislation signally failed? For there were three kingdoms, two of them quickly lost their original constitution. That is a question which we cannot refuse to answer, if we mean to proceed with our old man's game of enquiring into laws and institutions. And the Dorian institutions are more worthy of consideration than any other, having been evidently intended to be a protection not only to the Peloponnese, but to all the Hellenes against the Barbarians. For the capture of Troy by the Achaeans had given great offence to the Assyrians, of whose empire it then formed part, and they were likely to retaliate. Accordingly the royal Heraclid brothers devised their military constitution, which was organised on a far better plan than the old Trojan expedition; and the Dorians themselves were far superior to the Achaeans, who had taken part in that expedition, and had been conquered by them. Such a scheme, undertaken by men who had shared with one another toils and dangers, sanctioned by the Delphian oracle, under the guidance of the Heraclidae, seemed to have a promise of permanence. 'Naturally.' Yet this has not proved to be the case. Instead of the three being one, they have always been at war; had they been united, in accordance with the original intention, they would have been invincible.

And what caused their ruin? Did you ever observe that there are beautiful things of which men often say, 'What wonders they would have effected if rightly used?' and yet, after all, this may be a mistake. And so I say of the Heraclidae and their expedition, which I may perhaps have been justified in admiring, but which nevertheless suggests to me the general reflection, – 'What wonders might not strength and military resources have accomplished, if the possessor had only known how to use them!' For consider: if the generals of the army had only known how to arrange their forces, might they not have given their subjects everlasting freedom, and the power of doing what they would in all the world? 'Very true.' Suppose a person to express his admiration of wealth or rank, does he not do so under the idea that by the help of these he can attain his desires? All men wish to obtain the control of all things, and they are always praying for what they desire. 'Certainly.' And we ask for our friends what they ask for themselves. 'Yes.' Dear is the son to the father, and yet the son, if he is young and foolish, will often pray to obtain what the father will pray that he may not obtain. 'True.' And when the father, in the heat of youth or the dotage of age, makes some rash prayer, the son, like Hippolytus, may have reason to pray that the word of his father may be ineffectual. 'You mean that a man should pray to have right desires, before he prays that his desires may be fulfilled; and that wisdom should be the first object of our prayers?' Yes; and you will remember my saying that wisdom should be the principal aim of the legislator; but you said that defence in war came first. And I replied, that there were four virtues, whereas you acknowledged one only – courage, and not wisdom which is the guide of all the rest. And I repeat – in jest if you like, but I am willing that you should receive my words in earnest – that 'the prayer of a fool is full of danger.' I will prove to you, if you will allow me, that the ruin of those states was not caused by cowardice or ignorance in war, but by ignorance of human affairs. 'Pray proceed: our attention will show better than compliments that we prize your words.' I maintain that ignorance is, and always has been, the ruin of states; wherefore the legislator should seek to banish it from the state; and the greatest ignorance is the love of what is known to be evil, and the hatred of what is known to be good; this is the last and greatest conflict of pleasure and reason in the soul. I say the greatest, because affecting the greater part of the soul; for the passions are in the individual what the people are in a state. And when they become opposed to reason or law, and instruction no longer avails – that is the last and greatest ignorance of states and men. 'I agree.' Let this, then, be our first principle: – That the citizen who does not know how to choose between good and evil must not have authority, although he possess great mental gifts, and many accomplishments; for he is really a fool. On the other hand, he who has this knowledge may be unable either to read or swim; nevertheless, he shall be counted wise and permitted to rule. For how can there be wisdom where there is no harmony? – the wise man is the saviour, and he who is devoid of wisdom is the destroyer of states and households. There are rulers and there are subjects in states. And the first claim to rule is that of parents to rule over their children; the second, that of the noble to rule over the ignoble; thirdly, the elder must govern the younger; in the fourth place, the slave must obey his master; fifthly, there is the power of the stronger, which the poet Pindar declares to be according to nature; sixthly, there is the rule of the wiser, which is also according to nature, as I must inform Pindar, if he does not know, and is the rule of law over obedient subjects. 'Most true.' And there is a seventh kind of rule which the Gods love, – in this the ruler is elected by lot.

Then, now, we playfully say to him who fancies that it is easy to make laws: – You see, legislator, the many and inconsistent claims to authority; here is a spring of troubles which you must stay. And first of all you must help us to consider how the kings of Argos and Messene in olden days destroyed their famous empire – did they forget the saying of Hesiod, that 'the half is better than the whole'? And do we suppose that the ignorance of this truth is less fatal to kings than to peoples? 'Probably the evil is increased by their way of life.' The kings of those days transgressed the laws and violated their oaths. Their deeds were not in harmony with their words, and their folly, which seemed to them wisdom, was the ruin of the state. And how could the legislator have prevented this evil? – the remedy is easy to see now, but was not easy to foresee at the time. 'What is the remedy?' The institutions of Sparta may teach you, Megillus. Wherever there is excess, whether the vessel has too large a sail, or the body too much food, or the mind too much power, there destruction is certain. And similarly, a man who possesses arbitrary power is soon corrupted, and grows hateful to his dearest friends. In order to guard against this evil, the God who watched over Sparta gave you two kings instead of one, that they might balance one another; and further to lower the pulse of your body politic, some human wisdom, mingled with divine power, tempered the strength and self-sufficiency of youth with the moderation of age in the institution of your senate. A third saviour bridled your rising and swelling power by ephors, whom he assimilated to officers elected by lot: and thus the kingly power was preserved, and became the preserver of all the rest. Had the constitution been arranged by the original legislators, not even the portion of Aristodemus would have been saved; for they had no political experience, and imagined that a youthful spirit invested with power could be restrained by oaths. Now that God has instructed us in the arts of legislation, there is no merit in seeing all this, or in learning wisdom after the event. But if the coming danger could have been foreseen, and the union preserved, then no Persian or other enemy would have dared to attack Hellas; and indeed there was not so much credit to us in defeating the enemy, as discredit in our disloyalty to one another. For of the three cities one only fought on behalf of Hellas; and of the two others, Argos refused her aid; and Messenia was actually at war with Sparta: and if the Lacedaemonians and Athenians had not united, the Hellenes would have been absorbed in the Persian empire, and dispersed among the barbarians. We make these reflections upon past and present legislators because we desire to find out what other course could have been followed. We were saying just now, that a state can only be free and wise and harmonious when there is a balance of powers. There are many words by which we express the aims of the legislator, – temperance, wisdom, friendship; but we need not be disturbed by the variety of expression, – these words have all the same meaning. 'I should like to know at what in your opinion the legislator should aim.' Hear me, then. There are two mother forms of states – one monarchy, and the other democracy: the Persians have the first in the highest form, and the Athenians the second; and no government can be well administered which does not include both. There was a time when both the Persians and Athenians had more the character of a constitutional state than they now have. In the days of Cyrus the Persians were freemen as well as lords of others, and their soldiers were free and equal, and the kings used and honoured all the talent which they could find, and so the nation waxed great, because there was freedom and friendship and communion of soul. But Cyrus, though a wise general, never troubled himself about the education of his family. He was a soldier from his youth upward, and left his children who were born in the purple to be educated by women, who humoured and spoilt them. 'A rare education, truly!' Yes, such an education as princesses who had recently grown rich might be expected to give them in a country where the men were solely occupied with warlike pursuits. 'Likely enough.' Their father had possessions of men and animals, and never considered that the race to whom he was about to make them over had been educated in a very different school, not like the Persian shepherd, who was well able to take care of himself and his own. He did not see that his children had been brought up in the Median fashion, by women and eunuchs. The end was that one of the sons of Cyrus slew the other, and lost the kingdom by his own folly. Observe, again, that Darius, who restored the kingdom, had not received a royal education. He was one of the seven chiefs, and when he came to the throne he divided the empire into seven provinces; and he made equal laws, and implanted friendship among the people. Hence his subjects were greatly attached to him, and cheerfully helped him to extend his empire. Next followed Xerxes, who had received the same royal education as Cambyses, and met with a similar fate. The reflection naturally occurs to us – How could Darius, with all his experience, have made such a mistake! The ruin of Xerxes was not a mere accident, but the evil life which is generally led by the sons of very rich and royal persons; and this is what the legislator has seriously to consider. Justly may the Lacedaemonians be praised for not giving special honour to birth or wealth; for such advantages are not to be highly esteemed without virtue, and not even virtue is to be esteemed unless it be accompanied by temperance. 'Explain.' No one would like to live in the same house with a courageous man who had no control over himself, nor with a clever artist who was a rogue. Nor can justice and wisdom ever be separated from temperance. But considering these qualities with reference to the honour and dishonour which is to be assigned to them in states, would you say, on the other hand, that temperance, if existing without the other virtues in the soul, is worth anything or nothing? 'I cannot tell.' You have answered well. It would be absurd to speak of temperance as belonging to the class of honourable or of dishonourable qualities, because all other virtues in their various classes require temperance to be added to them; having the addition, they are honoured not in proportion to that, but to their own excellence. And ought not the legislator to determine these classes? 'Certainly.' Suppose then that, without going into details, we make three great classes of them. Most honourable are the goods of the soul, always assuming temperance as a condition of them; secondly, those of the body; thirdly, external possessions. The legislator who puts them in another order is doing an unholy and unpatriotic thing.

These remarks were suggested by the history of the Persian kings; and to them I will now return. The ruin of their empire was caused by the loss of freedom and the growth of despotism; all community of feeling disappeared. Hatred and spoliation took the place of friendship; the people no longer fought heartily for their masters; the rulers, finding their myriads useless on the field of battle, resorted to mercenaries as their only salvation, and were thus compelled by their circumstances to proclaim the stupidest of falsehoods – that virtue is a trifle in comparison of money.

But enough of the Persians: a different lesson is taught by the Athenians, whose example shows that a limited freedom is far better than an unlimited. Ancient Athens, at the time of the Persian invasion, had such a limited freedom. The people were divided into four classes, according to the amount of their property, and the universal love of order, as well as the fear of the approaching host, made them obedient and willing citizens. For Darius had sent Datis and Artaphernes, commanding them under pain of death to subjugate the Eretrians and Athenians. A report, whether true or not, came to Athens that all the Eretrians had been 'netted'; and the Athenians in terror sent all over Hellas for assistance. None came to their relief except the Lacedaemonians, and they arrived a day too late, when the battle of Marathon had been already fought. In process of time Xerxes came to the throne, and the Athenians heard of nothing but the bridge over the Hellespont, and the canal of Athos, and the innumerable host and fleet. They knew that these were intended to avenge the defeat of Marathon. Their case seemed desperate, for there was no Hellene likely to assist them by land, and at sea they were attacked by more than a thousand vessels; – their only hope, however slender, was in victory; so they relied upon themselves and upon the Gods. Their common danger, and the influence of their ancient constitution, greatly tended to promote harmony among them. Reverence and fear – that fear which the coward never knows – made them fight for their altars and their homes, and saved them from being dispersed all over the world. 'Your words, Athenian, are worthy of your country.' And you Megillus, who have inherited the virtues of your ancestors, are worthy to hear them. Let me ask you to take the moral of my tale. The Persians have lost their liberty in absolute slavery, and we in absolute freedom. In ancient times the Athenian people were not the masters, but the servants of the laws. 'Of what laws?' In the first place, there were laws about music, and the music was of various kinds: there was one kind which consisted of hymns, another of lamentations; there was also the paean and the dithyramb, and the so-called 'laws' (nomoi) or strains, which were played upon the harp. The regulation of such matters was not left to the whistling and clapping of the crowd; there was silence while the judges decided, and the boys, and the audience in general, were kept in order by raps of a stick. But after a while there arose a new race of poets, men of genius certainly, however careless of musical truth and propriety, who made pleasure the only criterion of excellence. That was a test which the spectators could apply for themselves; the whole audience, instead of being mute, became vociferous, and a theatrocracy took the place of an aristocracy. Could the judges have been free, there would have been no great harm done; a musical democracy would have been well enough – but conceit has been our ruin. Everybody knows everything, and is ready to say anything; the age of reverence is gone, and the age of irreverence and licentiousness has succeeded. 'Most true.' And with this freedom comes disobedience to rulers, parents, elders, – in the latter days to the law also; the end returns to the beginning, and the old Titanic nature reappears – men have no regard for the Gods or for oaths; and the evils of the human race seem as if they would never cease. Whither are we running away? Once more we must pull up the argument with bit and curb, lest, as the proverb says, we should fall off our ass. 'Good.' Our purpose in what we have been saying is to prove that the legislator ought to aim at securing for a state three things – freedom, friendship, wisdom. And we chose two states; – one was the type of freedom, and the other of despotism; and we showed that when in a mean they attained their highest perfection. In a similar spirit we spoke of the Dorian expedition, and of the settlement on the hills and in the plains of Troy; and of music, and the use of wine, and of all that preceded.

And now, has our discussion been of any use? 'Yes, stranger; for by a singular coincidence the Cretans are about to send out a colony, of which the settlement has been confided to the Cnosians. Ten commissioners, of whom I am one, are to give laws to the colonists, and we may give any which we please – Cretan or foreign. And therefore let us make a selection from what has been said, and then proceed with the construction of the state.' Very good: I am quite at your service. 'And I too,' says Megillus.

BOOK IV. And now, what is this city? I do not want to know what is to be the name of the place (for some accident, – a river or a local deity, will determine that), but what the situation is, whether maritime or inland. 'The city will be about eleven miles from the sea.' Are there harbours? 'Excellent.' And is the surrounding country self-supporting? 'Almost.' Any neighbouring states? 'No; and that is the reason for choosing the place, which has been deserted from time immemorial.' And is there a fair proportion of hill and plain and wood? 'Like Crete in general, more hill than plain.' Then there is some hope for your citizens; had the city been on the sea, and dependent for support on other countries, no human power could have preserved you from corruption. Even the distance of eleven miles is hardly enough. For the sea, although an agreeable, is a dangerous companion, and a highway of strange morals and manners as well as of commerce. But as the country is only moderately fertile there will be no great export trade and no great returns of gold and silver, which are the ruin of states. Is there timber for ship-building? 'There is no pine, nor much cypress; and very little stone-pine or plane wood for the interior of ships.' That is good. 'Why?' Because the city will not be able to imitate the bad ways of her enemies. 'What is the bearing of that remark?' To explain my meaning, I would ask you to remember what we said about the Cretan laws, that they had an eye to war only; whereas I maintained that they ought to have included all virtue. And I hope that you in your turn will retaliate upon me if I am false to my own principle. For I consider that the lawgiver should go straight to the mark of virtue and justice, and disregard wealth and every other good when separated from virtue. What further I mean, when I speak of the imitation of enemies, I will illustrate by the story of Minos, if our Cretan friend will allow me to mention it. Minos, who was a great sea-king, imposed upon the Athenians a cruel tribute, for in those days they were not a maritime power; they had no timber for ship-building, and therefore they could not 'imitate their enemies'; and better far, as I maintain, would it have been for them to have lost many times over the lives which they devoted to the tribute than to have turned soldiers into sailors. Naval warfare is not a very praiseworthy art; men should not be taught to leap on shore, and then again to hurry back to their ships, or to find specious excuses for throwing away their arms; bad customs ought not to be gilded with fine words. And retreat is always bad, as we are taught in Homer, when he introduces Odysseus, setting forth to Agamemnon the danger of ships being at hand when soldiers are disposed to fly. An army of lions trained in such ways would fly before a herd of deer. Further, a city which owes its preservation to a crowd of pilots and oarsmen and other undeserving persons, cannot bestow rewards of honour properly; and this is the ruin of states. 'Still, in Crete we say that the battle of Salamis was the salvation of Hellas.' Such is the prevailing opinion. But I and Megillus say that the battle of Marathon began the deliverance, and that the battle of Plataea completed it; for these battles made men better, whereas the battles of Salamis and Artemisium made them no better. And we further affirm that mere existence is not the great political good of individuals or states, but the continuance of the best existence. 'Certainly.' Let us then endeavour to follow this principle in colonization and legislation.

And first, let me ask you who are to be the colonists? May any one come from any city of Crete? For you would surely not send a general invitation to all Hellas. Yet I observe that in Crete there are people who have come from Argos and Aegina and other places. 'Our recruits will be drawn from all Crete, and of other Hellenes we should prefer Peloponnesians. As you observe, there are Argives among the Cretans; moreover the Gortynians, who are the best of all Cretans, have come from Gortys in Peloponnesus.'

Colonization is in some ways easier when the colony goes out in a swarm from one country, owing to the pressure of population, or revolution, or war. In this case there is the advantage that the new colonists have a community of race, language, and laws. But then again, they are less obedient to the legislator; and often they are anxious to keep the very laws and customs which caused their ruin at home. A mixed multitude, on the other hand, is more tractable, although there is a difficulty in making them pull together. There is nothing, however, which perfects men's virtue more than legislation and colonization. And yet I have a word to say which may seem to be depreciatory of legislators. 'What is that?'

I was going to make the saddening reflection, that accidents of all sorts are the true legislators, – wars and pestilences and famines and the frequent recurrence of bad seasons. The observer will be inclined to say that almost all human things are chance; and this is certainly true about navigation and medicine, and the art of the general. But there is another thing which may equally be said. 'What is it?' That God governs all things, and that chance and opportunity co-operate with Him. And according to yet a third view, art has part with them, for surely in a storm it is well to have a pilot? And the same is true of legislation: even if circumstances are favourable, a skilful lawgiver is still necessary. 'Most true.' All artists would pray for certain conditions under which to exercise their art: and would not the legislator do the same? 'Certainly?' Come, legislator, let us say to him, and what are the conditions which you would have? He will answer, Grant me a city which is ruled by a tyrant; and let the tyrant be young, mindful, teachable, courageous, magnanimous; and let him have the inseparable condition of all virtue, which is temperance – not prudence, but that natural temperance which is the gift of children and animals, and is hardly reckoned among goods – with this he must be endowed, if the state is to acquire the form most conducive to happiness in the speediest manner. And I must add one other condition: the tyrant must be fortunate, and his good fortune must consist in his having the co-operation of a great legislator. When God has done all this, He has done the best which He can for a state; not so well if He has given them two legislators instead of one, and less and less well if He has given them a great many. An orderly tyranny most easily passes into the perfect state; in the second degree, a monarchy; in the third degree, a democracy; an oligarchy is worst of all. 'I do not understand.' I suppose that you have never seen a city which is subject to a tyranny? 'I have no desire to see one.' You would have seen what I am describing, if you ever had. The tyrant can speedily change the manners of a state, and affix the stamp of praise or blame on any action which he pleases; for the citizens readily follow the example which he sets. There is no quicker way of making changes; but there is a counterbalancing difficulty. It is hard to find the divine love of temperance and justice existing in any powerful form of government, whether in a monarchy or an oligarchy. In olden days there were chiefs like Nestor, who was the most eloquent and temperate of mankind, but there is no one his equal now. If such an one ever arises among us, blessed will he be, and blessed they who listen to his words. For where power and wisdom and temperance meet in one, there are the best laws and constitutions. I am endeavouring to show you how easy under the conditions supposed, and how difficult under any other, is the task of giving a city good laws. 'How do you mean?' Let us old men attempt to mould in words a constitution for your new state, as children make figures out of wax. 'Proceed. What constitution shall we give – democracy, oligarchy, or aristocracy?' To which of these classes, Megillus, do you refer your own state? 'The Spartan constitution seems to me to contain all these elements. Our state is a democracy and also an aristocracy; the power of the Ephors is tyrannical, and we have an ancient monarchy.' 'Much the same,' adds Cleinias, 'may be said of Cnosus.' The reason is that you have polities, but other states are mere aggregations of men dwelling together, which are named after their several ruling powers; whereas a state, if an 'ocracy' at all, should be called a theocracy. A tale of old will explain my meaning. There is a tradition of a golden age, in which all things were spontaneous and abundant. Cronos, then lord of the world, knew that no mortal nature could endure the temptations of power, and therefore he appointed demons or demi-gods, who are of a superior race, to have dominion over man, as man has dominion over the animals. They took care of us with great ease and pleasure to themselves, and no less to us; and the tradition says that only when God, and not man, is the ruler, can the human race cease from ill. This was the manner of life which prevailed under Cronos, and which we must strive to follow so far as the principle of immortality still abides in us and we live according to law and the dictates of right reason. But in an oligarchy or democracy, when the governing principle is athirst for pleasure, the laws are trampled under foot, and there is no possibility of salvation. Is it not often said that there are as many forms of laws as there are governments, and that they have no concern either with any one virtue or with all virtue, but are relative to the will of the government? Which is as much as to say that 'might makes right.' 'What do you mean?' I mean that governments enact their own laws, and that every government makes self-preservation its principal aim. He who transgresses the laws is regarded as an evil-doer, and punished accordingly. This was one of the unjust principles of government which we mentioned when speaking of the different claims to rule. We were agreed that parents should rule their children, the elder the younger, the noble the ignoble. But there were also several other principles, and among them Pindar's 'law of violence.' To whom then is our state to be entrusted? For many a government is only a victorious faction which has a monopoly of power, and refuses any share to the conquered, lest when they get into office they should remember their wrongs. Such governments are not polities, but parties; nor are any laws good which are made in the interest of particular classes only, and not of the whole. And in our state I mean to protest against making any man a ruler because he is rich, or strong, or noble. But those who are obedient to the laws, and who win the victory of obedience, shall be promoted to the service of the Gods according to the degree of their obedience. When I call the ruler the servant or minister of the law, this is not a mere paradox, but I mean to say that upon a willingness to obey the law the existence of the state depends. 'Truly, Stranger, you have a keen vision.' Why, yes; every man when he is old has his intellectual vision most keen. And now shall we call in our colonists and make a speech to them? Friends, we say to them, God holds in His hand the beginning, middle, and end of all things, and He moves in a straight line towards the accomplishment of His will. Justice always bears Him company, and punishes those who fall short of His laws. He who would be happy follows humbly in her train; but he who is lifted up with pride, or wealth, or honour, or beauty, is soon deserted by God, and, being deserted, he lives in confusion and disorder. To many he seems a great man; but in a short time he comes to utter destruction. Wherefore, seeing these things, what ought we to do or think? 'Every man ought to follow God.' What life, then, is pleasing to God? There is an old saying that 'like agrees with like, measure with measure,' and God ought to be our measure in all things. The temperate man is the friend of God because he is like Him, and the intemperate man is not His friend, because he is not like Him. And the conclusion is, that the best of all things for a good man is to pray and sacrifice to the Gods; but the bad man has a polluted soul; and therefore his service is wasted upon the Gods, while the good are accepted of them. I have told you the mark at which we ought to aim. You will say, How, and with what weapons? In the first place we affirm, that after the Olympian Gods and the Gods of the state, honour should be given to the Gods below, and to them should be offered everything in even numbers and of the second choice; the auspicious odd numbers and everything of the first choice are reserved for the Gods above. Next demi-gods or spirits must be honoured, and then heroes, and after them family gods, who will be worshipped at their local seats according to law. Further, the honour due to parents should not be forgotten; children owe all that they have to them, and the debt must be repaid by kindness and attention in old age. No unbecoming word must be uttered before them; for there is an avenging angel who hears them when they are angry, and the child should consider that the parent when he has been wronged has a right to be angry. After their death let them have a moderate funeral, such as their fathers have had before them; and there shall be an annual commemoration of them. Living on this wise, we shall be accepted of the Gods, and shall pass our days in good hope. The law will determine all our various duties towards relatives and friends and other citizens, and the whole state will be happy and prosperous. But if the legislator would persuade as well as command, he will add prefaces to his laws which will predispose the citizens to virtue. Even a little accomplished in the way of gaining the hearts of men is of great value. For most men are in no particular haste to become good. As Hesiod says:

'Long and steep is the first half of the way to virtue, But when you have reached the top the rest is easy.'

'Those are excellent words.' Yes; but may I tell you the effect which the preceding discourse has had upon me? I will express my meaning in an address to the lawgiver: – O lawgiver, if you know what we ought to do and say, you can surely tell us; – you are not like the poet, who, as you were just now saying, does not know the effect of his own words. And the poet may reply, that when he sits down on the tripod of the Muses he is not in his right mind, and that being a mere imitator he may be allowed to say all sorts of opposite things, and cannot tell which of them is true. But this licence cannot be allowed to the lawgiver. For example, there are three kinds of funerals; one of them is excessive, another mean, a third moderate, and you say that the last is right. Now if I had a rich wife, and she told me to bury her, and I were to sing of her burial, I should praise the extravagant kind; a poor man would commend a funeral of the meaner sort, and a man of moderate means would prefer a moderate funeral. But you, as legislator, would have to say exactly what you meant by 'moderate.' 'Very true.' And is our lawgiver to have no preamble or interpretation of his laws, never offering a word of advice to his subjects, after the manner of some doctors? For of doctors are there not two kinds? The one gentle and the other rough, doctors who are freemen and learn themselves and teach their pupils scientifically, and doctor's assistants who get their knowledge empirically by attending on their masters? 'Of course there are.' And did you ever observe that the gentlemen doctors practise upon freemen, and that slave doctors confine themselves to slaves? The latter go about the country or wait for the slaves at the dispensaries. They hold no parley with their patients about their diseases or the remedies of them; they practise by the rule of thumb, and give their decrees in the most arbitrary manner. When they have doctored one patient they run off to another, whom they treat with equal assurance, their duty being to relieve the master of the care of his sick slaves. But the other doctor, who practises on freemen, proceeds in quite a different way. He takes counsel with his patient and learns from him, and never does anything until he has persuaded him of what he is doing. He trusts to influence rather than force. Now is not the use of both methods far better than the use of either alone? And both together may be advantageously employed by us in legislation.

We may illustrate our proposal by an example. The laws relating to marriage naturally come first, and therefore we may begin with them. The simple law would be as follows: – A man shall marry between the ages of thirty and thirty-five; if he do not, he shall be fined or deprived of certain privileges. The double law would add the reason why: Forasmuch as man desires immortality, which he attains by the procreation of children, no one should deprive himself of his share in this good. He who obeys the law is blameless, but he who disobeys must not be a gainer by his celibacy; and therefore he shall pay a yearly fine, and shall not be allowed to receive honour from the young. That is an example of what I call the double law, which may enable us to judge how far the addition of persuasion to threats is desirable. 'Lacedaemonians in general, Stranger, are in favour of brevity; in this case, however, I prefer length. But Cleinias is the real lawgiver, and he ought to be first consulted.' 'Thank you, Megillus.' Whether words are to be many or few, is a foolish question: – the best and not the shortest forms are always to be approved. And legislators have never thought of the advantages which they might gain by using persuasion as well as force, but trust to force only. And I have something else to say about the matter. Here have we been from early dawn until noon, discoursing about laws, and all that we have been saying is only the preamble of the laws which we are about to give. I tell you this, because I want you to observe that songs and strains have all of them preludes, but that laws, though called by the same name (nomoi), have never any prelude. Now I am disposed to give preludes to laws, dividing them into two parts – one containing the despotic command, which I described under the image of the slave doctor – the other the persuasive part, which I term the preamble. The legislator should give preludes or preambles to his laws. 'That shall be the way in my colony.' I am glad that you agree with me; this is a matter which it is important to remember. A preamble is not always necessary to a law: the lawgiver must determine when it is needed, as the musician determines when there is to be a prelude to a song. 'Most true: and now, having a preamble, let us recommence our discourse.' Enough has been said of Gods and parents, and we may proceed to consider what relates to the citizens – their souls, bodies, properties, – their occupations and amusements; and so arrive at the nature of education.

The first word of the Laws somewhat abruptly introduces the thought which is present to the mind of Plato throughout the work, namely, that Law is of divine origin. In the words of a great English writer – 'Her seat is the bosom of God, her voice the harmony of the world.' Though the particular laws of Sparta and Crete had a narrow and imperfect aim, this is not true of divine laws, which are based upon the principles of human nature, and not framed to meet the exigencies of the moment. They have their natural divisions, too, answering to the kinds of virtue; very unlike the discordant enactments of an Athenian assembly or of an English Parliament. Yet we may observe two inconsistencies in Plato's treatment of the subject: first, a lesser, inasmuch as he does not clearly distinguish the Cretan and Spartan laws, of which the exclusive aim is war, from those other laws of Zeus and Apollo which are said to be divine, and to comprehend all virtue. Secondly, we may retort on him his own complaint against Sparta and Crete, that he has himself given us a code of laws, which for the most part have a military character; and that we cannot point to 'obvious examples of similar institutions which are concerned with pleasure;' at least there is only one such, that which relates to the regulation of convivial intercourse. The military spirit which is condemned by him in the beginning of the Laws, reappears in the seventh and eighth books.

The mention of Minos the great lawgiver, and of Rhadamanthus the righteous administrator of the law, suggests the two divisions of the laws into enactments and appointments of officers. The legislator and the judge stand side by side, and their functions cannot be wholly distinguished. For the judge is in some sort a legislator, at any rate in small matters; and his decisions growing into precedents, must determine the innumerable details which arise out of the conflict of circumstances. These Plato proposes to leave to a younger generation of legislators. The action of courts of law in making law seems to have escaped him, probably because the Athenian law-courts were popular assemblies; and, except in a mythical form, he can hardly be said to have had before his eyes the ideal of a judge. In reading the Laws of Plato, or any other ancient writing about Laws, we should consider how gradual the process is by which not only a legal system, but the administration of a court of law, becomes perfected.

There are other subjects on which Plato breaks ground, as his manner is, early in the work. First, he gives a sketch of the subject of laws; they are to comprehend the whole of human life, from infancy to age, and from birth to death, although the proposed plan is far from being regularly executed in the books which follow, partly owing to the necessity of describing the constitution as well as the laws of his new colony. Secondly, he touches on the power of music, which may exercise so great an influence on the character of men for good or evil; he refers especially to the great offence – which he mentions again, and which he had condemned in the Republic – of varying the modes and rhythms, as well as to that of separating the words from the music. Thirdly, he reprobates the prevalence of unnatural loves in Sparta and Crete, which he attributes to the practice of syssitia and gymnastic exercises, and considers to be almost inseparable from them. To this subject he again returns in the eighth book. Fourthly, the virtues are affirmed to be inseparable from one another, even if not absolutely one; this, too, is a principle which he reasserts at the conclusion of the work. As in the beginnings of Plato's other writings, we have here several 'notes' struck, which form the preludes of longer discussions, although the hint is less ingeniously given, and the promise more imperfectly fulfilled than in the earlier dialogues.

The distinction between ethics and politics has not yet dawned upon Plato's mind. To him, law is still floating in a region between the two. He would have desired that all the acts and laws of a state should have regard to all virtue. But he did not see that politics and law are subject to their own conditions, and are distinguished from ethics by natural differences. The actions of which politics take cognisance are necessarily collective or representative; and law is limited to external acts which affect others as well as the agents. Ethics, on the other hand, include the whole duty of man in relation both to himself and others. But Plato has never reflected on these differences. He fancies that the life of the state can be as easily fashioned as that of the individual. He is favourable to a balance of power, but never seems to have considered that power might be so balanced as to produce an absolute immobility in the state. Nor is he alive to the evils of confounding vice and crime; or to the necessity of governments abstaining from excessive interference with their subjects.

Yet this confusion of ethics and politics has also a better and a truer side. If unable to grasp some important distinctions, Plato is at any rate seeking to elevate the lower to the higher; he does not pull down the principles of men to their practice, or narrow the conception of the state to the immediate necessities of politics. Political ideals of freedom and equality, of a divine government which has been or will be in some other age or country, have greatly tended to educate and ennoble the human race. And if not the first author of such ideals (for they are as old as Hesiod), Plato has done more than any other writer to impress them on the world. To those who censure his idealism we may reply in his own words – 'He is not the worse painter who draws a perfectly beautiful figure, because no such figure of a man could ever have existed' (Republic).

A new thought about education suddenly occurs to him, and for a time exercises a sort of fascination over his mind, though in the later books of the Laws it is forgotten or overlooked. As true courage is allied to temperance, so there must be an education which shall train mankind to resist pleasure as well as to endure pain. No one can be on his guard against that of which he has no experience. The perfectly trained citizen should have been accustomed to look his enemy in the face, and to measure his strength against her. This education in pleasure is to be given, partly by festive intercourse, but chiefly by the song and dance. Youth are to learn music and gymnastics; their elders are to be trained and tested at drinking parties. According to the old proverb, in vino veritas, they will then be open and visible to the world in their true characters; and also they will be more amenable to the laws, and more easily moulded by the hand of the legislator. The first reason is curious enough, though not important; the second can hardly be thought deserving of much attention. Yet if Plato means to say that society is one of the principal instruments of education in after-life, he has expressed in an obscure fashion a principle which is true, and to his contemporaries was also new. That at a banquet a degree of moral discipline might be exercised is an original thought, but Plato has not yet learnt to express his meaning in an abstract form. He is sensible that moderation is better than total abstinence, and that asceticism is but a one-sided training. He makes the sagacious remark, that 'those who are able to resist pleasure may often be among the worst of mankind.' He is as much aware as any modern utilitarian that the love of pleasure is the great motive of human action. This cannot be eradicated, and must therefore be regulated, – the pleasure must be of the right sort. Such reflections seem to be the real, though imperfectly expressed, groundwork of the discussion. As in the juxtaposition of the Bacchic madness and the great gift of Dionysus, or where he speaks of the different senses in which pleasure is and is not the object of imitative art, or in the illustration of the failure of the Dorian institutions from the prayer of Theseus, we have to gather his meaning as well as we can from the connexion.

The feeling of old age is discernible in this as well as in several other passages of the Laws. Plato has arrived at the time when men sit still and look on at life; and he is willing to allow himself and others the few pleasures which remain to them. Wine is to cheer them now that their limbs are old and their blood runs cold. They are the best critics of dancing and music, but cannot be induced to join in song unless they have been enlivened by drinking. Youth has no need of the stimulus of wine, but age can only be made young again by its invigorating influence. Total abstinence for the young, moderate and increasing potations for the old, is Plato's principle. The fire, of which there is too much in the one, has to be brought to the other. Drunkenness, like madness, had a sacredness and mystery to the Greek; if, on the one hand, as in the case of the Tarentines, it degraded a whole population, it was also a mode of worshipping the god Dionysus, which was to be practised on certain occasions. Moreover, the intoxication produced by the fruit of the vine was very different from the grosser forms of drunkenness which prevail among some modern nations.

The physician in modern times would restrict the old man's use of wine within narrow limits. He would tell us that you cannot restore strength by a stimulus. Wine may call back the vital powers in disease, but cannot reinvigorate old age. In his maxims of health and longevity, though aware of the importance of a simple diet, Plato has omitted to dwell on the perfect rule of moderation. His commendation of wine is probably a passing fancy, and may have arisen out of his own habits or tastes. If so, he is not the only philosopher whose theory has been based upon his practice.

Plato's denial of wine to the young and his approval of it for their elders has some points of view which may be illustrated by the temperance controversy of our own times. Wine may be allowed to have a religious as well as a festive use; it is commended both in the Old and New Testament; it has been sung of by nearly all poets; and it may be truly said to have a healing influence both on body and mind. Yet it is also very liable to excess and abuse, and for this reason is prohibited by Mahometans, as well as of late years by many Christians, no less than by the ancient Spartans; and to sound its praises seriously seems to partake of the nature of a paradox. But we may rejoin with Plato that the abuse of a good thing does not take away the use of it. Total abstinence, as we often say, is not the best rule, but moderate indulgence; and it is probably true that a temperate use of wine may contribute some elements of character to social life which we can ill afford to lose. It draws men out of their reserve; it helps them to forget themselves and to appear as they by nature are when not on their guard, and therefore to make them more human and greater friends to their fellow-men. It gives them a new experience; it teaches them to combine self-control with a measure of indulgence; it may sometimes restore to them the simplicity of childhood. We entirely agree with Plato in forbidding the use of wine to the young; but when we are of mature age there are occasions on which we derive refreshment and strength from moderate potations. It is well to make abstinence the rule, but the rule may sometimes admit of an exception. We are in a higher, as well as in a lower sense, the better for the use of wine. The question runs up into wider ones – What is the general effect of asceticism on human nature? and, Must there not be a certain proportion between the aspirations of man and his powers? – questions which have been often discussed both by ancient and modern philosophers. So by comparing things old and new we may sometimes help to realize to ourselves the meaning of Plato in the altered circumstances of our own life.

Like the importance which he attaches to festive entertainments, his depreciation of courage to the fourth place in the scale of virtue appears to be somewhat rhetorical and exaggerated. But he is speaking of courage in the lower sense of the term, not as including loyalty or temperance. He does not insist in this passage, as in the Protagoras, on the unity of the virtues; or, as in the Laches, on the identity of wisdom and courage. But he says that they all depend upon their leader mind, and that, out of the union of wisdom and temperance with courage, springs justice. Elsewhere he is disposed to regard temperance rather as a condition of all virtue than as a particular virtue. He generalizes temperance, as in the Republic he generalizes justice. The nature of the virtues is to run up into one another, and in many passages Plato makes but a faint effort to distinguish them. He still quotes the poets, somewhat enlarging, as his manner is, or playing with their meaning. The martial poet Tyrtaeus, and the oligarch Theognis, furnish him with happy illustrations of the two sorts of courage. The fear of fear, the division of goods into human and divine, the acknowledgment that peace and reconciliation are better than the appeal to the sword, the analysis of temperance into resistance of pleasure as well as endurance of pain, the distinction between the education which is suitable for a trade or profession, and for the whole of life, are important and probably new ethical conceptions. Nor has Plato forgotten his old paradox (Gorgias) that to be punished is better than to be unpunished, when he says, that to the bad man death is the only mitigation of his evil. He is not less ideal in many passages of the Laws than in the Gorgias or Republic. But his wings are heavy, and he is unequal to any sustained flight.

There is more attempt at dramatic effect in the first book than in the later parts of the work. The outburst of martial spirit in the Lacedaemonian, 'O best of men'; the protest which the Cretan makes against the supposed insult to his lawgiver; the cordial acknowledgment on the part of both of them that laws should not be discussed publicly by those who live under their rule; the difficulty which they alike experience in following the speculations of the Athenian, are highly characteristic.

In the second book, Plato pursues further his notion of educating by a right use of pleasure. He begins by conceiving an endless power of youthful life, which is to be reduced to rule and measure by harmony and rhythm. Men differ from the lower animals in that they are capable of musical discipline. But music, like all art, must be truly imitative, and imitative of what is true and good. Art and morality agree in rejecting pleasure as the criterion of good. True art is inseparable from the highest and most ennobling ideas. Plato only recognizes the identity of pleasure and good when the pleasure is of the higher kind. He is the enemy of 'songs without words,' which he supposes to have some confusing or enervating effect on the mind of the hearer; and he is also opposed to the modern degeneracy of the drama, which he would probably have illustrated, like Aristophanes, from Euripides and Agathon. From this passage may be gathered a more perfect conception of art than from any other of Plato's writings. He understands that art is at once imitative and ideal, an exact representation of truth, and also a representation of the highest truth. The same double view of art may be gathered from a comparison of the third and tenth books of the Republic, but is here more clearly and pointedly expressed.

We are inclined to suspect that both here and in the Republic Plato exaggerates the influence really exercised by the song and the dance. But we must remember also the susceptible nature of the Greek, and the perfection to which these arts were carried by him. Further, the music had a sacred and Pythagorean character; the dance too was part of a religious festival. And only at such festivals the sexes mingled in public, and the youths passed under the eyes of their elders.

At the beginning of the third book, Plato abruptly asks the question, What is the origin of states? The answer is, Infinite time. We have already seen – in the Theaetetus, where he supposes that in the course of ages every man has had numberless progenitors, kings and slaves, Greeks and barbarians; and in the Critias, where he says that nine thousand years have elapsed since the island of Atlantis fought with Athens – that Plato is no stranger to the conception of long periods of time. He imagines human society to have been interrupted by natural convulsions; and beginning from the last of these, he traces the steps by which the family has grown into the state, and the original scattered society, becoming more and more civilised, has finally passed into military organizations like those of Crete and Sparta. His conception of the origin of states is far truer in the Laws than in the Republic; but it must be remembered that here he is giving an historical, there an ideal picture of the growth of society.