Laws

The next move in our pastime of legislation, like the withdrawal of the stone from the holy line in the game of draughts, being an unusual one, will probably excite wonder when mentioned for the first time. And yet, if a man will only reflect and weigh the matter with care, he will see that our city is ordered in a manner which, if not the best, is the second best. Perhaps also some one may not approve this form, because he thinks that such a constitution is ill adapted to a legislator who has not despotic power. The truth is, that there are three forms of government, the best, the second and the third best, which we may just mention, and then leave the selection to the ruler of the settlement. Following this method in the present instance, let us speak of the states which are respectively first, second, and third in excellence, and then we will leave the choice to Cleinias now, or to any one else who may hereafter have to make a similar choice among constitutions, and may desire to give to his state some feature which is congenial to him and which he approves in his own country.

The first and highest form of the state and of the government and of the law is that in which there prevails most widely the ancient saying, that 'Friends have all things in common.' Whether there is anywhere now, or will ever be, this communion of women and children and of property, in which the private and individual is altogether banished from life, and things which are by nature private, such as eyes and ears and hands, have become common, and in some way see and hear and act in common, and all men express praise and blame and feel joy and sorrow on the same occasions, and whatever laws there are unite the city to the utmost (compare Republic), – whether all this is possible or not, I say that no man, acting upon any other principle, will ever constitute a state which will be truer or better or more exalted in virtue. Whether such a state is governed by Gods or sons of Gods, one, or more than one, happy are the men who, living after this manner, dwell there; and therefore to this we are to look for the pattern of the state, and to cling to this, and to seek with all our might for one which is like this. The state which we have now in hand, when created, will be nearest to immortality and the only one which takes the second place; and after that, by the grace of God, we will complete the third one. And we will begin by speaking of the nature and origin of the second.

Let the citizens at once distribute their land and houses, and not till the land in common, since a community of goods goes beyond their proposed origin, and nurture, and education. But in making the distribution, let the several possessors feel that their particular lots also belong to the whole city; and seeing that the earth is their parent, let them tend her more carefully than children do their mother. For she is a goddess and their queen, and they are her mortal subjects. Such also are the feelings which they ought to entertain to the Gods and demi-gods of the country. And in order that the distribution may always remain, they ought to consider further that the present number of families should be always retained, and neither increased nor diminished. This may be secured for the whole city in the following manner: – Let the possessor of a lot leave the one of his children who is his best beloved, and one only, to be the heir of his dwelling, and his successor in the duty of ministering to the Gods, the state and the family, as well the living members of it as those who are departed when he comes into the inheritance; but of his other children, if he have more than one, he shall give the females in marriage according to the law to be hereafter enacted, and the males he shall distribute as sons to those citizens who have no children, and are disposed to receive them; or if there should be none such, and particular individuals have too many children, male or female, or too few, as in the case of barrenness – in all these cases let the highest and most honourable magistracy created by us judge and determine what is to be done with the redundant or deficient, and devise a means that the number of 5040 houses shall always remain the same. There are many ways of regulating numbers; for they in whom generation is affluent may be made to refrain (compare Arist. Pol.), and, on the other hand, special care may be taken to increase the number of births by rewards and stigmas, or we may meet the evil by the elder men giving advice and administering rebuke to the younger – in this way the object may be attained. And if after all there be very great difficulty about the equal preservation of the 5040 houses, and there be an excess of citizens, owing to the too great love of those who live together, and we are at our wits' end, there is still the old device often mentioned by us of sending out a colony, which will part friends with us, and be composed of suitable persons. If, on the other hand, there come a wave bearing a deluge of disease, or a plague of war, and the inhabitants become much fewer than the appointed number by reason of bereavement, we ought not to introduce citizens of spurious birth and education, if this can be avoided; but even God is said not to be able to fight against necessity.

Wherefore let us suppose this 'high argument' of ours to address us in the following terms: – Best of men, cease not to honour according to nature similarity and equality and sameness and agreement, as regards number and every good and noble quality. And, above all, observe the aforesaid number 5040 throughout life; in the second place, do not disparage the small and modest proportions of the inheritances which you received in the distribution, by buying and selling them to one another. For then neither will the God who gave you the lot be your friend, nor will the legislator; and indeed the law declares to the disobedient that these are the terms upon which he may or may not take the lot. In the first place, the earth as he is informed is sacred to the Gods; and in the next place, priests and priestesses will offer up prayers over a first, and second, and even a third sacrifice, that he who buys or sells the houses or lands which he has received, may suffer the punishment which he deserves; and these their prayers they shall write down in the temples, on tablets of cypress-wood, for the instruction of posterity. Moreover they will set a watch over all these things, that they may be observed; – the magistracy which has the sharpest eyes shall keep watch that any infringement of these commands may be discovered and punished as offences both against the law and the God. How great is the benefit of such an ordinance to all those cities, which obey and are administered accordingly, no bad man can ever know, as the old proverb says; but only a man of experience and good habits. For in such an order of things there will not be much opportunity for making money; no man either ought, or indeed will be allowed, to exercise any ignoble occupation, of which the vulgarity is a matter of reproach to a freeman, and should never want to acquire riches by any such means.

Further, the law enjoins that no private man shall be allowed to possess gold and silver, but only coin for daily use, which is almost necessary in dealing with artisans, and for payment of hirelings, whether slaves or immigrants, by all those persons who require the use of them. Wherefore our citizens, as we say, should have a coin passing current among themselves, but not accepted among the rest of mankind; with a view, however, to expeditions and journeys to other lands, – for embassies, or for any other occasion which may arise of sending out a herald, the state must also possess a common Hellenic currency. If a private person is ever obliged to go abroad, let him have the consent of the magistrates and go; and if when he returns he has any foreign money remaining, let him give the surplus back to the treasury, and receive a corresponding sum in the local currency. And if he is discovered to appropriate it, let it be confiscated, and let him who knows and does not inform be subject to curse and dishonour equally him who brought the money, and also to a fine not less in amount than the foreign money which has been brought back. In marrying and giving in marriage, no one shall give or receive any dowry at all; and no one shall deposit money with another whom he does not trust as a friend, nor shall he lend money upon interest; and the borrower should be under no obligation to repay either capital or interest. That these principles are best, any one may see who compares them with the first principle and intention of a state. The intention, as we affirm, of a reasonable statesman, is not what the many declare to be the object of a good legislator, namely, that the state for the true interests of which he is advising should be as great and as rich as possible, and should possess gold and silver, and have the greatest empire by sea and land; – this they imagine to be the real object of legislation, at the same time adding, inconsistently, that the true legislator desires to have the city the best and happiest possible. But they do not see that some of these things are possible, and some of them are impossible; and he who orders the state will desire what is possible, and will not indulge in vain wishes or attempts to accomplish that which is impossible. The citizen must indeed be happy and good, and the legislator will seek to make him so; but very rich and very good at the same time he cannot be, not, at least, in the sense in which the many speak of riches. For they mean by 'the rich' the few who have the most valuable possessions, although the owner of them may quite well be a rogue. And if this is true, I can never assent to the doctrine that the rich man will be happy – he must be good as well as rich. And good in a high degree, and rich in a high degree at the same time, he cannot be. Some one will ask, why not? And we shall answer – Because acquisitions which come from sources which are just and unjust indifferently, are more than double those which come from just sources only; and the sums which are expended neither honourably nor disgracefully, are only half as great as those which are expended honourably and on honourable purposes. Thus, if the one acquires double and spends half, the other who is in the opposite case and is a good man cannot possibly be wealthier than he. The first – I am speaking of the saver and not of the spender – is not always bad; he may indeed in some cases be utterly bad, but, as I was saying, a good man he never is. For he who receives money unjustly as well as justly, and spends neither nor unjustly, will be a rich man if he be also thrifty. On the other hand, the utterly bad is in general profligate, and therefore very poor; while he who spends on noble objects, and acquires wealth by just means only, can hardly be remarkable for riches, any more than he can be very poor. Our statement, then, is true, that the very rich are not good, and, if they are not good, they are not happy. But the intention of our laws was, that the citizens should be as happy as may be, and as friendly as possible to one another. And men who are always at law with one another, and amongst whom there are many wrongs done, can never be friends to one another, but only those among whom crimes and lawsuits are few and slight. Therefore we say that gold and silver ought not to be allowed in the city, nor much of the vulgar sort of trade which is carried on by lending money, or rearing the meaner kinds of live stock; but only the produce of agriculture, and only so much of this as will not compel us in pursuing it to neglect that for the sake of which riches exist – I mean, soul and body, which without gymnastics, and without education, will never be worth anything; and therefore, as we have said not once but many times, the care of riches should have the last place in our thoughts. For there are in all three things about which every man has an interest; and the interest about money, when rightly regarded, is the third and lowest of them: midway comes the interest of the body; and, first of all, that of the soul; and the state which we are describing will have been rightly constituted if it ordains honours according to this scale. But if, in any of the laws which have been ordained, health has been preferred to temperance, or wealth to health and temperate habits, that law must clearly be wrong. Wherefore, also, the legislator ought often to impress upon himself the question – 'What do I want?' and 'Do I attain my aim, or do I miss the mark?' In this way, and in this way only, he may acquit himself and free others from the work of legislation.

Let the allottee then hold his lot upon the conditions which we have mentioned.

It would be well that every man should come to the colony having all things equal; but seeing that this is not possible, and one man will have greater possessions than another, for many reasons and in particular in order to preserve equality in special crises of the state, qualifications of property must be unequal, in order that offices and contributions and distributions may be proportioned to the value of each person's wealth, and not solely to the virtue of his ancestors or himself, nor yet to the strength and beauty of his person, but also to the measure of his wealth or poverty; and so by a law of inequality, which will be in proportion to his wealth, he will receive honours and offices as equally as possible, and there will be no quarrels and disputes. To which end there should be four different standards appointed according to the amount of property: there should be a first and a second and a third and a fourth class, in which the citizens will be placed, and they will be called by these or similar names: they may continue in the same rank, or pass into another in any individual case, on becoming richer from being poorer, or poorer from being richer. The form of law which I should propose as the natural sequel would be as follows: – In a state which is desirous of being saved from the greatest of all plagues – not faction, but rather distraction; – there should exist among the citizens neither extreme poverty, nor, again, excess of wealth, for both are productive of both these evils. Now the legislator should determine what is to be the limit of poverty or wealth. Let the limit of poverty be the value of the lot; this ought to be preserved, and no ruler, nor any one else who aspires after a reputation for virtue, will allow the lot to be impaired in any case. This the legislator gives as a measure, and he will permit a man to acquire double or triple, or as much as four times the amount of this (compare Arist. Pol.). But if a person have yet greater riches, whether he has found them, or they have been given to him, or he has made them in business, or has acquired by any stroke of fortune that which is in excess of the measure, if he give back the surplus to the state, and to the Gods who are the patrons of the state, he shall suffer no penalty or loss of reputation; but if he disobeys this our law, any one who likes may inform against him and receive half the value of the excess, and the delinquent shall pay a sum equal to the excess out of his own property, and the other half of the excess shall belong to the Gods. And let every possession of every man, with the exception of the lot, be publicly registered before the magistrates whom the law appoints, so that all suits about money may be easy and quite simple.

The next thing to be noted is, that the city should be placed as nearly as possible in the centre of the country; we should choose a place which possesses what is suitable for a city, and this may easily be imagined and described. Then we will divide the city into twelve portions, first founding temples to Hestia, to Zeus and to Athene, in a spot which we will call the Acropolis, and surround with a circular wall, making the division of the entire city and country radiate from this point. The twelve portions shall be equalized by the provision that those which are of good land shall be smaller, while those of inferior quality shall be larger. The number of the lots shall be 5040, and each of them shall be divided into two, and every allotment shall be composed of two such sections; one of land near the city, the other of land which is at a distance (compare Arist. Pol.). This arrangement shall be carried out in the following manner: The section which is near the city shall be added to that which is on the borders, and form one lot, and the portion which is next nearest shall be added to the portion which is next farthest; and so of the rest. Moreover, in the two sections of the lots the same principle of equalization of the soil ought to be maintained; the badness and goodness shall be compensated by more and less. And the legislator shall divide the citizens into twelve parts, and arrange the rest of their property, as far as possible, so as to form twelve equal parts; and there shall be a registration of all. After this they shall assign twelve lots to twelve Gods, and call them by their names, and dedicate to each God their several portions, and call the tribes after them. And they shall distribute the twelve divisions of the city in the same way in which they divided the country; and every man shall have two habitations, one in the centre of the country, and the other at the extremity. Enough of the manner of settlement.

Now we ought by all means to consider that there can never be such a happy concurrence of circumstances as we have described; neither can all things coincide as they are wanted. Men who will not take offence at such a mode of living together, and will endure all their life long to have their property fixed at a moderate limit, and to beget children in accordance with our ordinances, and will allow themselves to be deprived of gold and other things which the legislator, as is evident from these enactments, will certainly forbid them; and will endure, further, the situation of the land with the city in the middle and dwellings round about; – all this is as if the legislator were telling his dreams, or making a city and citizens of wax. There is truth in these objections, and therefore every one should take to heart what I am going to say. Once more, then, the legislator shall appear and address us: – 'O my friends,' he will say to us, 'do not suppose me ignorant that there is a certain degree of truth in your words; but I am of opinion that, in matters which are not present but future, he who exhibits a pattern of that at which he aims, should in nothing fall short of the fairest and truest; and that if he finds any part of this work impossible of execution he should avoid and not execute it, but he should contrive to carry out that which is nearest and most akin to it; you must allow the legislator to perfect his design, and when it is perfected, you should join with him in considering what part of his legislation is expedient and what will arouse opposition; for surely the artist who is to be deemed worthy of any regard at all, ought always to make his work self-consistent.'

Having determined that there is to be a distribution into twelve parts, let us now see in what way this may be accomplished. There is no difficulty in perceiving that the twelve parts admit of the greatest number of divisions of that which they include, or in seeing the other numbers which are consequent upon them, and are produced out of them up to 5040; wherefore the law ought to order phratries and demes and villages, and also military ranks and movements, as well as coins and measures, dry and liquid, and weights, so as to be commensurable and agreeable to one another. Nor should we fear the appearance of minuteness, if the law commands that all the vessels which a man possesses should have a common measure, when we consider generally that the divisions and variations of numbers have a use in respect of all the variations of which they are susceptible, both in themselves and as measures of height and depth, and in all sounds, and in motions, as well those which proceed in a straight direction, upwards or downwards, as in those which go round and round. The legislator is to consider all these things and to bid the citizens, as far as possible, not to lose sight of numerical order; for no single instrument of youthful education has such mighty power, both as regards domestic economy and politics, and in the arts, as the study of arithmetic. Above all, arithmetic stirs up him who is by nature sleepy and dull, and makes him quick to learn, retentive, shrewd, and aided by art divine he makes progress quite beyond his natural powers (compare Republic). All such things, if only the legislator, by other laws and institutions, can banish meanness and covetousness from the souls of men, so that they can use them properly and to their own good, will be excellent and suitable instruments of education. But if he cannot, he will unintentionally create in them, instead of wisdom, the habit of craft, which evil tendency may be observed in the Egyptians and Phoenicians, and many other races, through the general vulgarity of their pursuits and acquisitions, whether some unworthy legislator of theirs has been the cause, or some impediment of chance or nature. For we must not fail to observe, O Megillus and Cleinias, that there is a difference in places, and that some beget better men and others worse; and we must legislate accordingly. Some places are subject to strange and fatal influences by reason of diverse winds and violent heats, some by reason of waters; or, again, from the character of the food given by the earth, which not only affects the bodies of men for good or evil, but produces similar results in their souls. And in all such qualities those spots excel in which there is a divine inspiration, and in which the demigods have their appointed lots, and are propitious, not adverse, to the settlers in them. To all these matters the legislator, if he have any sense in him, will attend as far as man can, and frame his laws accordingly. And this is what you, Cleinias, must do, and to matters of this kind you must turn your mind since you are going to colonize a new country.

CLEINIAS: Your words, Athenian Stranger, are excellent, and I will do as you say.

BOOK VI

ATHENIAN: And now having made an end of the preliminaries we will proceed to the appointment of magistracies.

CLEINIAS: Very good.

ATHENIAN: In the ordering of a state there are two parts: first, the number of the magistracies, and the mode of establishing them; and, secondly, when they have been established, laws again will have to be provided for each of them, suitable in nature and number. But before electing the magistrates let us stop a little and say a word in season about the election of them.

CLEINIAS: What have you got to say?

ATHENIAN: This is what I have to say; – every one can see, that although the work of legislation is a most important matter, yet if a well-ordered city superadd to good laws unsuitable offices, not only will there be no use in having the good laws, – not only will they be ridiculous and useless, but the greatest political injury and evil will accrue from them.

CLEINIAS: Of course.

ATHENIAN: Then now, my friend, let us observe what will happen in the constitution of out intended state. In the first place, you will acknowledge that those who are duly appointed to magisterial power, and their families, should severally have given satisfactory proof of what they are, from youth upward until the time of election; in the next place, those who are to elect should have been trained in habits of law, and be well educated, that they may have a right judgment, and may be able to select or reject men whom they approve or disapprove, as they are worthy of either. But how can we imagine that those who are brought together for the first time, and are strangers to one another, and also uneducated, will avoid making mistakes in the choice of magistrates?

CLEINIAS: Impossible.

ATHENIAN: The matter is serious, and excuses will not serve the turn. I will tell you, then, what you and I will have to do, since you, as you tell me, with nine others, have offered to settle the new state on behalf of the people of Crete, and I am to help you by the invention of the present romance. I certainly should not like to leave the tale wandering all over the world without a head; – a headless monster is such a hideous thing.

CLEINIAS: Excellent, Stranger.

ATHENIAN: Yes; and I will be as good as my word.

CLEINIAS: Let us by all means do as you propose.