Laws

CLEINIAS: We shall be sure to remember, Stranger.

ATHENIAN: Very good. Then let us now proceed to marriage, and teach persons in what way they shall beget children, threatening them, if they disobey, with the terrors of the law.

CLEINIAS: What do you mean?

ATHENIAN: The bride and bridegroom should consider that they are to produce for the state the best and fairest specimens of children which they can. Now all men who are associated in any action always succeed when they attend and give their mind to what they are doing, but when they do not give their mind or have no mind, they fail; wherefore let the bridegroom give his mind to the bride and to the begetting of children, and the bride in like manner give her mind to the bridegroom, and particularly at the time when their children are not yet born. And let the women whom we have chosen be the overseers of such matters, and let them in whatever number, large or small, and at whatever time the magistrates may command, assemble every day in the temple of Eileithyia during a third part of the day, and being there assembled, let them inform one another of any one whom they see, whether man or woman, of those who are begetting children, disregarding the ordinances given at the time when the nuptial sacrifices and ceremonies were performed. Let the begetting of children and the supervision of those who are begetting them continue ten years and no longer, during the time when marriage is fruitful. But if any continue without children up to this time, let them take counsel with their kindred and with the women holding the office of overseer and be divorced for their mutual benefit. If, however, any dispute arises about what is proper and for the interest of either party, they shall choose ten of the guardians of the law and abide by their permission and appointment. The women who preside over these matters shall enter into the houses of the young, and partly by admonitions and partly by threats make them give over their folly and error: if they persist, let the women go and tell the guardians of the law, and the guardians shall prevent them. But if they too cannot prevent them, they shall bring the matter before the people; and let them write up their names and make oath that they cannot reform such and such an one; and let him who is thus written up, if he cannot in a court of law convict those who have inscribed his name, be deprived of the privileges of a citizen in the following respects: – let him not go to weddings nor to the thanksgivings after the birth of children; and if he go, let any one who pleases strike him with impunity; and let the same regulations hold about women: let not a woman be allowed to appear abroad, or receive honour, or go to nuptial and birthday festivals, if she in like manner be written up as acting disorderly and cannot obtain a verdict. And if, when they themselves have done begetting children according to the law, a man or woman have connexion with another man or woman who are still begetting children, let the same penalties be inflicted upon them as upon those who are still having a family; and when the time for procreation has passed let the man or woman who refrains in such matters be held in esteem, and let those who do not refrain be held in the contrary of esteem – that is to say, disesteem. Now, if the greater part of mankind behave modestly, the enactments of law may be left to slumber; but, if they are disorderly, the enactments having been passed, let them be carried into execution. To every man the first year is the beginning of life, and the time of birth ought to be written down in the temples of their fathers as the beginning of existence to every child, whether boy or girl. Let every phratria have inscribed on a whited wall the names of the successive archons by whom the years are reckoned. And near to them let the living members of the phratria be inscribed, and when they depart life let them be erased. The limit of marriageable ages for a woman shall be from sixteen to twenty years at the longest, – for a man, from thirty to thirty-five years; and let a woman hold office at forty, and a man at thirty years. Let a man go out to war from twenty to sixty years, and for a woman, if there appear any need to make use of her in military service, let the time of service be after she shall have brought forth children up to fifty years of age; and let regard be had to what is possible and suitable to each.

BOOK VII

And now, assuming children of both sexes to have been born, it will be proper for us to consider, in the next place, their nurture and education; this cannot be left altogether unnoticed, and yet may be thought a subject fitted rather for precept and admonition than for law. In private life there are many little things, not always apparent, arising out of the pleasures and pains and desires of individuals, which run counter to the intention of the legislator, and make the characters of the citizens various and dissimilar: – this is an evil in states; for by reason of their smallness and frequent occurrence, there would be an unseemliness and want of propriety in making them penal by law; and if made penal, they are the destruction of the written law because mankind get the habit of frequently transgressing the law in small matters. The result is that you cannot legislate about them, and still less can you be silent. I speak somewhat darkly, but I shall endeavour also to bring my wares into the light of day, for I acknowledge that at present there is a want of clearness in what I am saying.

CLEINIAS: Very true.

ATHENIAN. Am I not right in maintaining that a good education is that which tends most to the improvement of mind and body?

CLEINIAS: Undoubtedly.

ATHENIAN: And nothing can be plainer than that the fairest bodies are those which grow up from infancy in the best and straightest manner?

CLEINIAS: Certainly.

ATHENIAN: And do we not further observe that the first shoot of every living thing is by far the greatest and fullest? Many will even contend that a man at twenty-five does not reach twice the height which he attained at five.

CLEINIAS: True.

ATHENIAN: Well, and is not rapid growth without proper and abundant exercise the source endless evils in the body?

CLEINIAS: Yes.

ATHENIAN: And the body should have the most exercise when it receives most nourishment?

CLEINIAS: But, Stranger, are we to impose this great amount of exercise upon newly-born infants?

ATHENIAN: Nay, rather on the bodies of infants still unborn.

CLEINIAS: What do you mean, my good sir? In the process of gestation?

ATHENIAN: Exactly. I am not at all surprised that you have never heard of this very peculiar sort of gymnastic applied to such little creatures, which, although strange, I will endeavour to explain to you.

CLEINIAS: By all means.

ATHENIAN: The practice is more easy for us to understand than for you, by reason of certain amusements which are carried to excess by us at Athens. Not only boys, but often older persons, are in the habit of keeping quails and cocks (compare Republic), which they train to fight one another. And they are far from thinking that the contests in which they stir them up to fight with one another are sufficient exercise; for, in addition to this, they carry them about tucked beneath their armpits, holding the smaller birds in their hands, the larger under their arms, and go for a walk of a great many miles for the sake of health, that is to say, not their own health, but the health of the birds; whereby they prove to any intelligent person, that all bodies are benefited by shakings and movements, when they are moved without weariness, whether the motion proceeds from themselves, or is caused by a swing, or at sea, or on horseback, or by other bodies in whatever way moving, and that thus gaining the mastery over food and drink, they are able to impart beauty and health and strength. But admitting all this, what follows? Shall we make a ridiculous law that the pregnant woman shall walk about and fashion the embryo within as we fashion wax before it hardens, and after birth swathe the infant for two years? Suppose that we compel nurses, under penalty of a legal fine, to be always carrying the children somewhere or other, either to the temples, or into the country, or to their relations' houses, until they are well able to stand, and to take care that their limbs are not distorted by leaning on them when they are too young (compare Arist. Pol.), – they should continue to carry them until the infant has completed its third year; the nurses should be strong, and there should be more than one of them. Shall these be our rules, and shall we impose a penalty for the neglect of them? No, no; the penalty of which we were speaking will fall upon our own heads more than enough.

CLEINIAS: What penalty?

ATHENIAN: Ridicule, and the difficulty of getting the feminine and servant-like dispositions of the nurses to comply.

CLEINIAS: Then why was there any need to speak of the matter at all?

ATHENIAN: The reason is, that masters and freemen in states, when they hear of it, are very likely to arrive at a true conviction that without due regulation of private life in cities, stability in the laying down of laws is hardly to be expected (compare Republic); and he who makes this reflection may himself adopt the laws just now mentioned, and, adopting them, may order his house and state well and be happy.

CLEINIAS: Likely enough.

ATHENIAN: And therefore let us proceed with our legislation until we have determined the exercises which are suited to the souls of young children, in the same manner in which we have begun to go through the rules relating to their bodies.

CLEINIAS: By all means.

ATHENIAN: Let us assume, then, as a first principle in relation both to the body and soul of very young creatures, that nursing and moving about by day and night is good for them all, and that the younger they are, the more they will need it (compare Arist. Pol.); infants should live, if that were possible, as if they were always rocking at sea. This is the lesson which we may gather from the experience of nurses, and likewise from the use of the remedy of motion in the rites of the Corybantes; for when mothers want their restless children to go to sleep they do not employ rest, but, on the contrary, motion – rocking them in their arms; nor do they give them silence, but they sing to them and lap them in sweet strains; and the Bacchic women are cured of their frenzy in the same manner by the use of the dance and of music.

CLEINIAS: Well, Stranger, and what is the reason of this?

ATHENIAN: The reason is obvious.

CLEINIAS: What?

ATHENIAN: The affection both of the Bacchantes and of the children is an emotion of fear, which springs out of an evil habit of the soul. And when some one applies external agitation to affections of this sort, the motion coming from without gets the better of the terrible and violent internal one, and produces a peace and calm in the soul, and quiets the restless palpitation of the heart, which is a thing much to be desired, sending the children to sleep, and making the Bacchantes, although they remain awake, to dance to the pipe with the help of the Gods to whom they offer acceptable sacrifices, and producing in them a sound mind, which takes the place of their frenzy. And, to express what I mean in a word, there is a good deal to be said in favour of this treatment.

CLEINIAS: Certainly.

ATHENIAN: But if fear has such a power we ought to infer from these facts, that every soul which from youth upward has been familiar with fears, will be made more liable to fear (compare Republic), and every one will allow that this is the way to form a habit of cowardice and not of courage.

CLEINIAS: No doubt.

ATHENIAN: And, on the other hand, the habit of overcoming, from our youth upwards, the fears and terrors which beset us, may be said to be an exercise of courage.

CLEINIAS: True.

ATHENIAN: And we may say that the use of exercise and motion in the earliest years of life greatly contributes to create a part of virtue in the soul.

CLEINIAS: Quite true.

ATHENIAN: Further, a cheerful temper, or the reverse, may be regarded as having much to do with high spirit on the one hand, or with cowardice on the other.

CLEINIAS: To be sure.

ATHENIAN: Then now we must endeavour to show how and to what extent we may, if we please, without difficulty implant either character in the young.

CLEINIAS: Certainly.

ATHENIAN: There is a common opinion, that luxury makes the disposition of youth discontented and irascible and vehemently excited by trifles; that on the other hand excessive and savage servitude makes men mean and abject, and haters of their kind, and therefore makes them undesirable associates.

CLEINIAS: But how must the state educate those who do not as yet understand the language of the country, and are therefore incapable of appreciating any sort of instruction?

ATHENIAN: I will tell you how: – Every animal that is born is wont to utter some cry, and this is especially the case with man, and he is also affected with the inclination to weep more than any other animal.

CLEINIAS: Quite true.

ATHENIAN: Do not nurses, when they want to know what an infant desires, judge by these signs? – when anything is brought to the infant and he is silent, then he is supposed to be pleased, but, when he weeps and cries out, then he is not pleased. For tears and cries are the inauspicious signs by which children show what they love and hate. Now the time which is thus spent is no less than three years, and is a very considerable portion of life to be passed ill or well.

CLEINIAS: True.

ATHENIAN: Does not the discontented and ungracious nature appear to you to be full of lamentations and sorrows more than a good man ought to be?

CLEINIAS: Certainly.

ATHENIAN: Well, but if during these three years every possible care were taken that our nursling should have as little of sorrow and fear, and in general of pain as was possible, might we not expect in early childhood to make his soul more gentle and cheerful? (Compare Arist. Pol.)

CLEINIAS: To be sure, Stranger – more especially if we could procure him a variety of pleasures.

ATHENIAN: There I can no longer agree, Cleinias: you amaze me. To bring him up in such a way would be his utter ruin; for the beginning is always the most critical part of education. Let us see whether I am right.

CLEINIAS: Proceed.

ATHENIAN: The point about which you and I differ is of great importance, and I hope that you, Megillus, will help to decide between us. For I maintain that the true life should neither seek for pleasures, nor, on the other hand, entirely avoid pains, but should embrace the middle state (compare Republic), which I just spoke of as gentle and benign, and is a state which we by some divine presage and inspiration rightly ascribe to God. Now, I say, he among men, too, who would be divine ought to pursue after this mean habit – he should not rush headlong into pleasures, for he will not be free from pains; nor should we allow any one, young or old, male or female, to be thus given any more than ourselves, and least of all the newly-born infant, for in infancy more than at any other time the character is engrained by habit. Nay, more, if I were not afraid of appearing to be ridiculous, I would say that a woman during her year of pregnancy should of all women be most carefully tended, and kept from violent or excessive pleasures and pains, and should at that time cultivate gentleness and benevolence and kindness.

CLEINIAS: You need not ask Megillus, Stranger, which of us has most truly spoken; for I myself agree that all men ought to avoid the life of unmingled pain or pleasure, and pursue always a middle course. And having spoken well, may I add that you have been well answered?

ATHENIAN: Very good, Cleinias; and now let us all three consider a further point.

CLEINIAS: What is it?

ATHENIAN: That all the matters which we are now describing are commonly called by the general name of unwritten customs, and what are termed the laws of our ancestors are all of similar nature. And the reflection which lately arose in our minds, that we can neither call these things laws, nor yet leave them unmentioned, is justified; for they are the bonds of the whole state, and come in between the written laws which are or are hereafter to be laid down; they are just ancestral customs of great antiquity, which, if they are rightly ordered and made habitual, shield and preserve the previously existing written law; but if they depart from right and fall into disorder, then they are like the props of builders which slip away out of their place and cause a universal ruin – one part drags another down, and the fair super-structure falls because the old foundations are undermined. Reflecting upon this, Cleinias, you ought to bind together the new state in every possible way, omitting nothing, whether great or small, of what are called laws or manners or pursuits, for by these means a city is bound together, and all these things are only lasting when they depend upon one another; and, therefore, we must not wonder if we find that many apparently trifling customs or usages come pouring in and lengthening out our laws.

CLEINIAS: Very true: we are disposed to agree with you.

ATHENIAN: Up to the age of three years, whether of boy or girl, if a person strictly carries out our previous regulations and makes them a principal aim, he will do much for the advantage of the young creatures. But at three, four, five, and even six years the childish nature will require sports; now is the time to get rid of self-will in him, punishing him, but not so as to disgrace him. We were saying about slaves, that we ought neither to add insult to punishment so as to anger them, nor yet to leave them unpunished lest they become self-willed; and a like rule is to be observed in the case of the free-born. Children at that age have certain natural modes of amusement which they find out for themselves when they meet. And all the children who are between the ages of three and six ought to meet at the temples of the villages, the several families of a village uniting on one spot. The nurses are to see that the children behave properly and orderly – they themselves and all their companies are to be under the control of twelve matrons, one for each company, who are annually selected to inspect them from the women previously mentioned [i.e. the women who have authority over marriage], whom the guardians of the law appoint. These matrons shall be chosen by the women who have authority over marriage, one out of each tribe; all are to be of the same age; and let each of them, as soon as she is appointed, hold office and go to the temples every day, punishing all offenders, male or female, who are slaves or strangers, by the help of some of the public slaves; but if any citizen disputes the punishment, let her bring him before the wardens of the city; or, if there be no dispute, let her punish him herself. After the age of six years the time has arrived for the separation of the sexes – let boys live with boys, and girls in like manner with girls. Now they must begin to learn – the boys going to teachers of horsemanship and the use of the bow, the javelin, and sling, and the girls too, if they do not object, at any rate until they know how to manage these weapons, and especially how to handle heavy arms; for I may note, that the practice which now prevails is almost universally misunderstood.

CLEINIAS: In what respect?

ATHENIAN: In that the right and left hand are supposed to be by nature differently suited for our various uses of them; whereas no difference is found in the use of the feet and the lower limbs; but in the use of the hands we are, as it were, maimed by the folly of nurses and mothers; for although our several limbs are by nature balanced, we create a difference in them by bad habit. In some cases this is of no consequence, as, for example, when we hold the lyre in the left hand, and the plectrum in the right, but it is downright folly to make the same distinction in other cases. The custom of the Scythians proves our error; for they not only hold the bow from them with the left hand and draw the arrow to them with their right, but use either hand for both purposes. And there are many similar examples in charioteering and other things, from which we may learn that those who make the left side weaker than the right act contrary to nature. In the case of the plectrum, which is of horn only, and similar instruments, as I was saying, it is of no consequence, but makes a great difference, and may be of very great importance to the warrior who has to use iron weapons, bows and javelins, and the like; above all, when in heavy armour, he has to fight against heavy armour. And there is a very great difference between one who has learnt and one who has not, and between one who has been trained in gymnastic exercises and one who has not been. For as he who is perfectly skilled in the Pancratium or boxing or wrestling, is not unable to fight from his left side, and does not limp and draggle in confusion when his opponent makes him change his position, so in heavy-armed fighting, and in all other things, if I am not mistaken, the like holds – he who has these double powers of attack and defence ought not in any case to leave them either unused or untrained, if he can help; and if a person had the nature of Geryon or Briareus he ought to be able with his hundred hands to throw a hundred darts. Now, the magistrates, male and female, should see to all these things, the women superintending the nursing and amusements of the children, and the men superintending their education, that all of them, boys and girls alike, may be sound hand and foot, and may not, if they can help, spoil the gifts of nature by bad habits.

Education has two branches – one of gymnastic, which is concerned with the body, and the other of music, which is designed for the improvement of the soul. And gymnastic has also two branches – dancing and wrestling; and one sort of dancing imitates musical recitation, and aims at preserving dignity and freedom, the other aims at producing health, agility, and beauty in the limbs and parts of the body, giving the proper flexion and extension to each of them, a harmonious motion being diffused everywhere, and forming a suitable accompaniment to the dance. As regards wrestling, the tricks which Antaeus and Cercyon devised in their systems out of a vain spirit of competition, or the tricks of boxing which Epeius or Amycus invented, are useless and unsuitable for war, and do not deserve to have much said about them; but the art of wrestling erect and keeping free the neck and hands and sides, working with energy and constancy, with a composed strength, for the sake of health – these are always useful, and are not to be neglected, but to be enjoined alike on masters and scholars, when we reach that part of legislation; and we will desire the one to give their instructions freely, and the others to receive them thankfully. Nor, again, must we omit suitable imitations of war in our choruses; here in Crete you have the armed dances of the Curetes, and the Lacedaemonians have those of the Dioscuri. And our virgin lady, delighting in the amusement of the dance, thought it not fit to amuse herself with empty hands; she must be clothed in a complete suit of armour, and in this attire go through the dance; and youths and maidens should in every respect imitate her, esteeming highly the favour of the Goddess, both with a view to the necessities of war, and to festive occasions: it will be right also for the boys, until such time as they go out to war, to make processions and supplications to all the Gods in goodly array, armed and on horseback, in dances and marches, fast or slow, offering up prayers to the Gods and to the sons of Gods; and also engaging in contests and preludes of contests, if at all, with these objects. For these sorts of exercises, and no others, are useful both in peace and war, and are beneficial alike to states and to private houses. But other labours and sports and exercises of the body are unworthy of freemen, O Megillus and Cleinias.

I have now completely described the kind of gymnastic which I said at first ought to be described; if you know of any better, will you communicate your thoughts?

CLEINIAS: It is not easy, Stranger, to put aside these principles of gymnastic and wrestling and to enunciate better ones.