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Laws

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Laws

ATHENIAN: Yes, Cleinias, that is so. But it is difficult for the legislator to begin with these studies; at a more convenient time we will make regulations for them.

CLEINIAS: You seem, Stranger, to be afraid of our habitual ignorance of the subject: there is no reason why that should prevent you from speaking out.

ATHENIAN: I certainly am afraid of the difficulties to which you allude, but I am still more afraid of those who apply themselves to this sort of knowledge, and apply themselves badly. For entire ignorance is not so terrible or extreme an evil, and is far from being the greatest of all; too much cleverness and too much learning, accompanied with an ill bringing up, are far more fatal.

CLEINIAS: True.

ATHENIAN: All freemen I conceive, should learn as much of these branches of knowledge as every child in Egypt is taught when he learns the alphabet. In that country arithmetical games have been invented for the use of mere children, which they learn as a pleasure and amusement. They have to distribute apples and garlands, using the same number sometimes for a larger and sometimes for a lesser number of persons; and they arrange pugilists and wrestlers as they pair together by lot or remain over, and show how their turns come in natural order. Another mode of amusing them is to distribute vessels, sometimes of gold, brass, silver, and the like, intermixed with one another, sometimes of one metal only; as I was saying they adapt to their amusement the numbers in common use, and in this way make more intelligible to their pupils the arrangements and movements of armies and expeditions, and in the management of a household they make people more useful to themselves, and more wide awake; and again in measurements of things which have length, and breadth, and depth, they free us from that natural ignorance of all these things which is so ludicrous and disgraceful.

CLEINIAS: What kind of ignorance do you mean?

ATHENIAN: O my dear Cleinias, I, like yourself, have late in life heard with amazement of our ignorance in these matters; to me we appear to be more like pigs than men, and I am quite ashamed, not only of myself, but of all Hellenes.

CLEINIAS: About what? Say, Stranger, what you mean.

ATHENIAN: I will; or rather I will show you my meaning by a question, and do you please to answer me: You know, I suppose, what length is?

CLEINIAS: Certainly.

ATHENIAN: And what breadth is?

CLEINIAS: To be sure.

ATHENIAN: And you know that these are two distinct things, and that there is a third thing called depth?

CLEINIAS: Of course.

ATHENIAN: And do not all these seem to you to be commensurable with themselves?

CLEINIAS: Yes.

ATHENIAN: That is to say, length is naturally commensurable with length, and breadth with breadth, and depth in like manner with depth?

CLEINIAS: Undoubtedly.

ATHENIAN: But if some things are commensurable and others wholly incommensurable, and you think that all things are commensurable, what is your position in regard to them?

CLEINIAS: Clearly, far from good.

ATHENIAN: Concerning length and breadth when compared with depth, or breadth and length when compared with one another, are not all the Hellenes agreed that these are commensurable with one another in some way?

CLEINIAS: Quite true.

ATHENIAN: But if they are absolutely incommensurable, and yet all of us regard them as commensurable, have we not reason to be ashamed of our compatriots; and might we not say to them: O ye best of Hellenes, is not this one of the things of which we were saying that not to know them is disgraceful, and of which to have a bare knowledge only is no great distinction?

CLEINIAS: Certainly.

ATHENIAN: And there are other things akin to these, in which there spring up other errors of the same family.

CLEINIAS: What are they?

ATHENIAN: The natures of commensurable and incommensurable quantities in their relation to one another. A man who is good for anything ought to be able, when he thinks, to distinguish them; and different persons should compete with one another in asking questions, which will be a far better and more graceful way of passing their time than the old man's game of draughts.

CLEINIAS: I dare say; and these pastimes are not so very unlike a game of draughts.

ATHENIAN: And these, as I maintain, Cleinias, are the studies which our youth ought to learn, for they are innocent and not difficult; the learning of them will be an amusement, and they will benefit the state. If any one is of another mind, let him say what he has to say.

CLEINIAS: Certainly.

ATHENIAN: Then if these studies are such as we maintain, we will include them; if not, they shall be excluded.

CLEINIAS: Assuredly: but may we not now, Stranger, prescribe these studies as necessary, and so fill up the lacunae of our laws?

ATHENIAN: They shall be regarded as pledges which may be hereafter redeemed and removed from our state, if they do not please either us who give them, or you who accept them.

CLEINIAS: A fair condition.

ATHENIAN: Next let us see whether we are or are not willing that the study of astronomy shall be proposed for our youth.

CLEINIAS: Proceed.

ATHENIAN: Here occurs a strange phenomenon, which certainly cannot in any point of view be tolerated.

CLEINIAS: To what are you referring?

ATHENIAN: Men say that we ought not to enquire into the supreme God and the nature of the universe, nor busy ourselves in searching out the causes of things, and that such enquiries are impious; whereas the very opposite is the truth.

CLEINIAS: What do you mean?

ATHENIAN: Perhaps what I am saying may seem paradoxical, and at variance with the usual language of age. But when any one has any good and true notion which is for the advantage of the state and in every way acceptable to God, he cannot abstain from expressing it.

CLEINIAS: Your words are reasonable enough; but shall we find any good or true notion about the stars?

ATHENIAN: My good friends, at this hour all of us Hellenes tell lies, if I may use such an expression, about those great Gods, the Sun and the Moon.

CLEINIAS: Lies of what nature?

ATHENIAN: We say that they and divers other stars do not keep the same path, and we call them planets or wanderers.

CLEINIAS: Very true, Stranger; and in the course of my life I have often myself seen the morning star and the evening star and divers others not moving in their accustomed course, but wandering out of their path in all manner of ways, and I have seen the sun and moon doing what we all know that they do.

ATHENIAN: Just so, Megillus and Cleinias; and I maintain that our citizens and our youth ought to learn about the nature of the Gods in heaven, so far as to be able to offer sacrifices and pray to them in pious language, and not to blaspheme about them.

CLEINIAS: There you are right, if such a knowledge be only attainable; and if we are wrong in our mode of speaking now, and can be better instructed and learn to use better language, then I quite agree with you that such a degree of knowledge as will enable us to speak rightly should be acquired by us. And now do you try to explain to us your whole meaning, and we, on our part, will endeavour to understand you.

ATHENIAN: There is some difficulty in understanding my meaning, but not a very great one, nor will any great length of time be required. And of this I am myself a proof; for I did not know these things long ago, nor in the days of my youth, and yet I can explain them to you in a brief space of time; whereas if they had been difficult I could certainly never have explained them all, old as I am, to old men like yourselves.

CLEINIAS: True; but what is this study which you describe as wonderful and fitting for youth to learn, but of which we are ignorant? Try and explain the nature of it to us as clearly as you can.

ATHENIAN: I will. For, O my good friends, that other doctrine about the wandering of the sun and the moon and the other stars is not the truth, but the very reverse of the truth. Each of them moves in the same path – not in many paths, but in one only, which is circular, and the varieties are only apparent. Nor are we right in supposing that the swiftest of them is the slowest, nor conversely, that the slowest is the quickest. And if what I say is true, only just imagine that we had a similar notion about horses running at Olympia, or about men who ran in the long course, and that we addressed the swiftest as the slowest and the slowest as the swiftest, and sang the praises of the vanquished as though he were the victor – in that case our praises would not be true, nor very agreeable to the runners, though they be but men; and now, to commit the same error about the Gods which would have been ludicrous and erroneous in the case of men – is not that ludicrous and erroneous?

CLEINIAS: Worse than ludicrous, I should say.

ATHENIAN: At all events, the Gods cannot like us to be spreading a false report of them.

CLEINIAS: Most true, if such is the fact.

ATHENIAN: And if we can show that such is really the fact, then all these matters ought to be learned so far as is necessary for the avoidance of impiety; but if we cannot, they may be let alone, and let this be our decision.

CLEINIAS: Very good.

ATHENIAN: Enough of laws relating to education and learning. But hunting and similar pursuits in like manner claim our attention. For the legislator appears to have a duty imposed upon him which goes beyond mere legislation. There is something over and above law which lies in a region between admonition and law, and has several times occurred to us in the course of discussion; for example, in the education of very young children there were things, as we maintain, which are not to be defined, and to regard them as matters of positive law is a great absurdity. Now, our laws and the whole constitution of our state having been thus delineated, the praise of the virtuous citizen is not complete when he is described as the person who serves the laws best and obeys them most, but the higher form of praise is that which describes him as the good citizen who passes through life undefiled and is obedient to the words of the legislator, both when he is giving laws and when he assigns praise and blame. This is the truest word that can be spoken in praise of a citizen; and the true legislator ought not only to write his laws, but also to interweave with them all such things as seem to him honourable and dishonourable. And the perfect citizen ought to seek to strengthen these no less than the principles of law which are sanctioned by punishments. I will adduce an example which will clear up my meaning, and will be a sort of witness to my words. Hunting is of wide extent, and has a name under which many things are included, for there is a hunting of creatures in the water, and of creatures in the air, and there is a great deal of hunting of land animals of all kinds, and not of wild beasts only. The hunting after man is also worthy of consideration; there is the hunting after him in war, and there is often a hunting after him in the way of friendship, which is praised and also blamed; and there is thieving, and the hunting which is practised by robbers, and that of armies against armies. Now the legislator, in laying down laws about hunting, can neither abstain from noting these things, nor can he make threatening ordinances which will assign rules and penalties about all of them. What is he to do? He will have to praise and blame hunting with a view to the exercise and pursuits of youth. And, on the other hand, the young man must listen obediently; neither pleasure nor pain should hinder him, and he should regard as his standard of action the praises and injunctions of the legislator rather than the punishments which he imposes by law. This being premised, there will follow next in order moderate praise and censure of hunting; the praise being assigned to that kind which will make the souls of young men better, and the censure to that which has the opposite effect. And now let us address young men in the form of a prayer for their welfare: O friends, we will say to them, may no desire or love of hunting in the sea, or of angling or of catching the creatures in the waters, ever take possession of you, either when you are awake or when you are asleep, by hook or with weels, which latter is a very lazy contrivance; and let not any desire of catching men and of piracy by sea enter into your souls and make you cruel and lawless hunters. And as to the desire of thieving in town or country, may it never enter into your most passing thoughts; nor let the insidious fancy of catching birds, which is hardly worthy of freemen, come into the head of any youth. There remains therefore for our athletes only the hunting and catching of land animals, of which the one sort is called hunting by night, in which the hunters sleep in turn and are lazy; this is not to be commended any more than that which has intervals of rest, in which the wild strength of beasts is subdued by nets and snares, and not by the victory of a laborious spirit. Thus, only the best kind of hunting is allowed at all – that of quadrupeds, which is carried on with horses and dogs and men's own persons, and they get the victory over the animals by running them down and striking them and hurling at them, those who have a care of godlike manhood taking them with their own hands. The praise and blame which is assigned to all these things has now been declared; and let the law be as follows: Let no one hinder these who verily are sacred hunters from following the chase wherever and whithersoever they will; but the hunter by night, who trusts to his nets and gins, shall not be allowed to hunt anywhere. The fowler in the mountains and waste places shall be permitted, but on cultivated ground and on consecrated wilds he shall not be permitted; and any one who meets him may stop him. As to the hunter in waters, he may hunt anywhere except in harbours or sacred streams or marshes or pools, provided only that he do not pollute the water with poisonous juices. And now we may say that all our enactments about education are complete.

CLEINIAS: Very good.

BOOK VIII

ATHENIAN: Next, with the help of the Delphian oracle, we have to institute festivals and make laws about them, and to determine what sacrifices will be for the good of the city, and to what Gods they shall be offered; but when they shall be offered, and how often, may be partly regulated by us.

CLEINIAS: The number – yes.

ATHENIAN: Then we will first determine the number; and let the whole number be 365 – one for every day – so that one magistrate at least will sacrifice daily to some God or demi-god on behalf of the city, and the citizens, and their possessions. And the interpreters, and priests, and priestesses, and prophets shall meet, and, in company with the guardians of the law, ordain those things which the legislator of necessity omits; and I may remark that they are the very persons who ought to take note of what is omitted. The law will say that there are twelve feasts dedicated to the twelve Gods, after whom the several tribes are named; and that to each of them they shall sacrifice every month, and appoint choruses, and musical and gymnastic contests, assigning them so as to suit the Gods and seasons of the year. And they shall have festivals for women, distinguishing those which ought to be separated from the men's festivals, and those which ought not. Further, they shall not confuse the infernal deities and their rites with the Gods who are termed heavenly and their rites, but shall separate them, giving to Pluto his own in the twelfth month, which is sacred to him, according to the law. To such a deity warlike men should entertain no aversion, but they should honour him as being always the best friend of man. For the connexion of soul and body is no way better than the dissolution of them, as I am ready to maintain quite seriously. Moreover, those who would regulate these matters rightly should consider, that our city among existing cities has no fellow, either in respect of leisure or command of the necessaries of life, and that like an individual she ought to live happily. And those who would live happily should in the first place do no wrong to one another, and ought not themselves to be wronged by others; to attain the first is not difficult, but there is great difficulty in acquiring the power of not being wronged. No man can be perfectly secure against wrong, unless he has become perfectly good; and cities are like individuals in this, for a city if good has a life of peace, but if evil, a life of war within and without. Wherefore the citizens ought to practise war – not in time of war, but rather while they are at peace. And every city which has any sense, should take the field at least for one day in every month, and for more if the magistrates think fit, having no regard to winter cold or summer heat; and they should go out en masse, including their wives and their children, when the magistrates determine to lead forth the whole people, or in separate portions when summoned by them; and they should always provide that there should be games and sacrificial feasts, and they should have tournaments, imitating in as lively a manner as they can real battles. And they should distribute prizes of victory and valour to the competitors, passing censures and encomiums on one another according to the characters which they bear in the contests and in their whole life, honouring him who seems to be the best, and blaming him who is the opposite. And let poets celebrate the victors – not however every poet, but only one who in the first place is not less than fifty years of age; nor should he be one who, although he may have musical and poetical gifts, has never in his life done any noble or illustrious action; but those who are themselves good and also honourable in the state, creators of noble actions – let their poems be sung, even though they be not very musical. And let the judgment of them rest with the instructor of youth and the other guardians of the laws, who shall give them this privilege, and they alone shall be free to sing; but the rest of the world shall not have this liberty. Nor shall any one dare to sing a song which has not been approved by the judgment of the guardians of the laws, not even if his strain be sweeter than the songs of Thamyras and Orpheus; but only such poems as have been judged sacred and dedicated to the Gods, and such as are the works of good men, in which praise or blame has been awarded and which have been deemed to fulfil their design fairly.

The regulations about war, and about liberty of speech in poetry, ought to apply equally to men and women. The legislator may be supposed to argue the question in his own mind: Who are my citizens for whom I have set in order the city? Are they not competitors in the greatest of all contests, and have they not innumerable rivals? To be sure, will be the natural reply. Well, but if we were training boxers, or pancratiasts, or any other sort of athletes, would they never meet until the hour of contest arrived; and should we do nothing to prepare ourselves previously by daily practice? Surely, if we were boxers, we should have been learning to fight for many days before, and exercising ourselves in imitating all those blows and wards which we were intending to use in the hour of conflict; and in order that we might come as near to reality as possible, instead of cestuses we should put on boxing-gloves, that the blows and the wards might be practised by us to the utmost of our power. And if there were a lack of competitors, the ridicule of fools would not deter us from hanging up a lifeless image and practising at that. Or if we had no adversary at all, animate or inanimate, should we not venture in the dearth of antagonists to spar by ourselves? In what other manner could we ever study the art of self-defence?

CLEINIAS: The way which you mention, Stranger, would be the only way.

ATHENIAN: And shall the warriors of our city, who are destined when occasion calls to enter the greatest of all contests, and to fight for their lives, and their children, and their property, and the whole city, be worse prepared than boxers? And will the legislator, because he is afraid that their practising with one another may appear to some ridiculous, abstain from commanding them to go out and fight; will he not ordain that soldiers shall perform lesser exercises without arms every day, making dancing and all gymnastic tend to this end; and also will he not require that they shall practise some gymnastic exercises, greater as well as lesser, as often as every month; and that they shall have contests one with another in every part of the country, seizing upon posts and lying in ambush, and imitating in every respect the reality of war; fighting with boxing-gloves and hurling javelins, and using weapons somewhat dangerous, and as nearly as possible like the true ones, in order that the sport may not be altogether without fear, but may have terrors and to a certain degree show the man who has and who has not courage; and that the honour and dishonour which are assigned to them respectively, may prepare the whole city for the true conflict of life? If any one dies in these mimic contests, the homicide is involuntary, and we will make the slayer, when he has been purified according to law, to be pure of blood, considering that if a few men should die, others as good as they will be born; but that if fear is dead, then the citizens will never find a test of superior and inferior natures, which is a far greater evil to the state than the loss of a few.

CLEINIAS: We are quite agreed, Stranger, that we should legislate about such things, and that the whole state should practise them.

ATHENIAN: And what is the reason that dances and contests of this sort hardly ever exist in states, at least not to any extent worth speaking of? Is this due to the ignorance of mankind and their legislators?

CLEINIAS: Perhaps.

ATHENIAN: Certainly not, sweet Cleinias; there are two causes, which are quite enough to account for the deficiency.

CLEINIAS: What are they?

ATHENIAN: One cause is the love of wealth, which wholly absorbs men, and never for a moment allows them to think of anything but their own private possessions; on this the soul of every citizen hangs suspended, and can attend to nothing but his daily gain; mankind are ready to learn any branch of knowledge, and to follow any pursuit which tends to this end, and they laugh at every other: that is one reason why a city will not be in earnest about such contests or any other good and honourable pursuit. But from an insatiable love of gold and silver, every man will stoop to any art or contrivance, seemly or unseemly, in the hope of becoming rich; and will make no objection to performing any action, holy, or unholy and utterly base; if only like a beast he have the power of eating and drinking all kinds of things, and procuring for himself in every sort of way the gratification of his lusts.

CLEINIAS: True.

ATHENIAN: Let this, then, be deemed one of the causes which prevent states from pursuing in an efficient manner the art of war, or any other noble aim, but makes the orderly and temperate part of mankind into merchants, and captains of ships, and servants, and converts the valiant sort into thieves and burglars, and robbers of temples, and violent, tyrannical persons; many of whom are not without ability, but they are unfortunate.

CLEINIAS: What do you mean?

ATHENIAN: Must not they be truly unfortunate whose souls are compelled to pass through life always hungering?

CLEINIAS: Then that is one cause, Stranger; but you spoke of another.

ATHENIAN: Thank you for reminding me.

CLEINIAS: The insatiable lifelong love of wealth, as you were saying, is one cause which absorbs mankind, and prevents them from rightly practising the arts of war: Granted; and now tell me, what is the other?

ATHENIAN: Do you imagine that I delay because I am in a perplexity?

CLEINIAS: No; but we think that you are too severe upon the money-loving temper, of which you seem in the present discussion to have a peculiar dislike.

ATHENIAN: That is a very fair rebuke, Cleinias; and I will now proceed to the second cause.

CLEINIAS: Proceed.

ATHENIAN: I say that governments are a cause – democracy, oligarchy, tyranny, concerning which I have often spoken in the previous discourse; or rather governments they are not, for none of them exercises a voluntary rule over voluntary subjects; but they may be truly called states of discord, in which while the government is voluntary, the subjects always obey against their will, and have to be coerced; and the ruler fears the subject, and will not, if he can help, allow him to become either noble, or rich, or strong, or valiant, or warlike at all. These two are the chief causes of almost all evils, and of the evils of which I have been speaking they are notably the causes. But our state has escaped both of them; for her citizens have the greatest leisure, and they are not subject to one another, and will, I think, be made by these laws the reverse of lovers of money. Such a constitution may be reasonably supposed to be the only one existing which will accept the education which we have described, and the martial pastimes which have been perfected according to our idea.

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