Laws

CLEINIAS: Very good; do as you say, and we will help you as well as we can.

ATHENIAN: There will probably be no difficulty in proving to him that the Gods care about the small as well as about the great. For he was present and heard what was said, that they are perfectly good, and that the care of all things is most entirely natural to them.

CLEINIAS: No doubt he heard that.

ATHENIAN: Let us consider together in the next place what we mean by this virtue which we ascribe to them. Surely we should say that to be temperate and to possess mind belongs to virtue, and the contrary to vice?

CLEINIAS: Certainly.

ATHENIAN: Yes; and courage is a part of virtue, and cowardice of vice?

CLEINIAS: True.

ATHENIAN: And the one is honourable, and the other dishonourable?

CLEINIAS: To be sure.

ATHENIAN: And the one, like other meaner things, is a human quality, but the Gods have no part in anything of the sort?

CLEINIAS: That again is what everybody will admit.

ATHENIAN: But do we imagine carelessness and idleness and luxury to be virtues? What do you think?

CLEINIAS: Decidedly not.

ATHENIAN: They rank under the opposite class?

CLEINIAS: Yes.

ATHENIAN: And their opposites, therefore, would fall under the opposite class?

CLEINIAS: Yes.

ATHENIAN: But are we to suppose that one who possesses all these good qualities will be luxurious and heedless and idle, like those whom the poet compares to stingless drones?

CLEINIAS: And the comparison is a most just one.

ATHENIAN: Surely God must not be supposed to have a nature which He Himself hates? he who dares to say this sort of thing must not be tolerated for a moment.

CLEINIAS: Of course not. How could he have?

ATHENIAN: Should we not on any principle be entirely mistaken in praising any one who has some special business entrusted to him, if he have a mind which takes care of great matters and no care of small ones? Reflect; he who acts in this way, whether he be God or man, must act from one of two principles.

CLEINIAS: What are they?

ATHENIAN: Either he must think that the neglect of the small matters is of no consequence to the whole, or if he knows that they are of consequence, and he neglects them, his neglect must be attributed to carelessness and indolence. Is there any other way in which his neglect can be explained? For surely, when it is impossible for him to take care of all, he is not negligent if he fails to attend to these things great or small, which a God or some inferior being might be wanting in strength or capacity to manage?

CLEINIAS: Certainly not.

ATHENIAN: Now, then, let us examine the offenders, who both alike confess that there are Gods, but with a difference – the one saying that they may be appeased, and the other that they have no care of small matters: there are three of us and two of them, and we will say to them – In the first place, you both acknowledge that the Gods hear and see and know all things, and that nothing can escape them which is matter of sense and knowledge: do you admit this?

CLEINIAS: Yes.

ATHENIAN: And do you admit also that they have all power which mortals and immortals can have?

CLEINIAS: They will, of course, admit this also.

ATHENIAN: And surely we three and they two – five in all – have acknowledged that they are good and perfect?

CLEINIAS: Assuredly.

ATHENIAN: But, if they are such as we conceive them to be, can we possibly suppose that they ever act in the spirit of carelessness and indolence? For in us inactivity is the child of cowardice, and carelessness of inactivity and indolence.

CLEINIAS: Most true.

ATHENIAN: Then not from inactivity and carelessness is any God ever negligent; for there is no cowardice in them.

CLEINIAS: That is very true.

ATHENIAN: Then the alternative which remains is, that if the Gods neglect the lighter and lesser concerns of the universe, they neglect them because they know that they ought not to care about such matters – what other alternative is there but the opposite of their knowing?

CLEINIAS: There is none.

ATHENIAN: And, O most excellent and best of men, do I understand you to mean that they are careless because they are ignorant, and do not know that they ought to take care, or that they know, and yet like the meanest sort of men, knowing the better, choose the worse because they are overcome by pleasures and pains?

CLEINIAS: Impossible.

ATHENIAN: Do not all human things partake of the nature of soul? And is not man the most religious of all animals?

CLEINIAS: That is not to be denied.

ATHENIAN: And we acknowledge that all mortal creatures are the property of the Gods, to whom also the whole of heaven belongs?

CLEINIAS: Certainly.

ATHENIAN: And, therefore, whether a person says that these things are to the Gods great or small – in either case it would not be natural for the Gods who own us, and who are the most careful and the best of owners, to neglect us. There is also a further consideration.

CLEINIAS: What is it?

ATHENIAN: Sensation and power are in an inverse ratio to each other in respect to their ease and difficulty.

CLEINIAS: What do you mean?

ATHENIAN: I mean that there is greater difficulty in seeing and hearing the small than the great, but more facility in moving and controlling and taking care of small and unimportant things than of their opposites.

CLEINIAS: Far more.

ATHENIAN: Suppose the case of a physician who is willing and able to cure some living thing as a whole – how will the whole fare at his hands if he takes care only of the greater and neglects the parts which are lesser?

CLEINIAS: Decidedly not well.

ATHENIAN: No better would be the result with pilots or generals, or householders or statesmen, or any other such class, if they neglected the small and regarded only the great – as the builders say, the larger stones do not lie well without the lesser.

CLEINIAS: Of course not.

ATHENIAN: Let us not, then, deem God inferior to human workmen, who, in proportion to their skill, finish and perfect their works, small as well as great, by one and the same art; or that God, the wisest of beings, who is both willing and able to take care, is like a lazy good-for-nothing, or a coward, who turns his back upon labour and gives no thought to smaller and easier matters, but to the greater only.

CLEINIAS: Never, Stranger, let us admit a supposition about the Gods which is both impious and false.

ATHENIAN: I think that we have now argued enough with him who delights to accuse the Gods of neglect.

CLEINIAS: Yes.

ATHENIAN: He has been forced to acknowledge that he is in error, but he still seems to me to need some words of consolation.

CLEINIAS: What consolation will you offer him?

ATHENIAN: Let us say to the youth: The ruler of the universe has ordered all things with a view to the excellence and preservation of the whole, and each part, as far as may be, has an action and passion appropriate to it. Over these, down to the least fraction of them, ministers have been appointed to preside, who have wrought out their perfection with infinitesimal exactness. And one of these portions of the universe is thine own, unhappy man, which, however little, contributes to the whole; and you do not seem to be aware that this and every other creation is for the sake of the whole, and in order that the life of the whole may be blessed; and that you are created for the sake of the whole, and not the whole for the sake of you. For every physician and every skilled artist does all things for the sake of the whole, directing his effort towards the common good, executing the part for the sake of the whole, and not the whole for the sake of the part. And you are annoyed because you are ignorant how what is best for you happens to you and to the universe, as far as the laws of the common creation admit. Now, as the soul combining first with one body and then with another undergoes all sorts of changes, either of herself, or through the influence of another soul, all that remains to the player of the game is that he should shift the pieces; sending the better nature to the better place, and the worse to the worse, and so assigning to them their proper portion.

CLEINIAS: In what way do you mean?

ATHENIAN: In a way which may be supposed to make the care of all things easy to the Gods. If any one were to form or fashion all things without any regard to the whole – if, for example, he formed a living element of water out of fire, instead of forming many things out of one or one out of many in regular order attaining to a first or second or third birth, the transmutation would have been infinite; but now the ruler of the world has a wonderfully easy task.

CLEINIAS: How so?

ATHENIAN: I will explain: When the king saw that our actions had life, and that there was much virtue in them and much vice, and that the soul and body, although not, like the Gods of popular opinion, eternal, yet having once come into existence, were indestructible (for if either of them had been destroyed, there would have been no generation of living beings); and when he observed that the good of the soul was ever by nature designed to profit men, and the evil to harm them – he, seeing all this, contrived so to place each of the parts that their position might in the easiest and best manner procure the victory of good and the defeat of evil in the whole. And he contrived a general plan by which a thing of a certain nature found a certain seat and room. But the formation of qualities he left to the wills of individuals. For every one of us is made pretty much what he is by the bent of his desires and the nature of his soul.

CLEINIAS: Yes, that is probably true.

ATHENIAN: Then all things which have a soul change, and possess in themselves a principle of change, and in changing move according to law and to the order of destiny: natures which have undergone a lesser change move less and on the earth's surface, but those which have suffered more change and have become more criminal sink into the abyss, that is to say, into Hades and other places in the world below, of which the very names terrify men, and which they picture to themselves as in a dream, both while alive and when released from the body. And whenever the soul receives more of good or evil from her own energy and the strong influence of others – when she has communion with divine virtue and becomes divine, she is carried into another and better place, which is perfect in holiness; but when she has communion with evil, then she also changes the place of her life.

'This is the justice of the Gods who inhabit Olympus.'

O youth or young man, who fancy that you are neglected by the Gods, know that if you become worse you shall go to the worse souls, or if better to the better, and in every succession of life and death you will do and suffer what like may fitly suffer at the hands of like. This is the justice of heaven, which neither you nor any other unfortunate will ever glory in escaping, and which the ordaining powers have specially ordained; take good heed thereof, for it will be sure to take heed of you. If you say: I am small and will creep into the depths of the earth, or I am high and will fly up to heaven, you are not so small or so high but that you shall pay the fitting penalty, either here or in the world below or in some still more savage place whither you shall be conveyed. This is also the explanation of the fate of those whom you saw, who had done unholy and evil deeds, and from small beginnings had grown great, and you fancied that from being miserable they had become happy; and in their actions, as in a mirror, you seemed to see the universal neglect of the Gods, not knowing how they make all things work together and contribute to the great whole. And thinkest thou, bold man, that thou needest not to know this? he who knows it not can never form any true idea of the happiness or unhappiness of life or hold any rational discourse respecting either. If Cleinias and this our reverend company succeed in proving to you that you know not what you say of the Gods, then will God help you; but should you desire to hear more, listen to what we say to the third opponent, if you have any understanding whatsoever. For I think that we have sufficiently proved the existence of the Gods, and that they care for men: The other notion that they are appeased by the wicked, and take gifts, is what we must not concede to any one, and what every man should disprove to the utmost of his power.

CLEINIAS: Very good; let us do as you say.

ATHENIAN: Well, then, by the Gods themselves I conjure you to tell me – if they are to be propitiated, how are they to be propitiated? Who are they, and what is their nature? Must they not be at least rulers who have to order unceasingly the whole heaven?

CLEINIAS: True.

ATHENIAN: And to what earthly rulers can they be compared, or who to them? How in the less can we find an image of the greater? Are they charioteers of contending pairs of steeds, or pilots of vessels? Perhaps they might be compared to the generals of armies, or they might be likened to physicians providing against the diseases which make war upon the body, or to husbandmen observing anxiously the effects of the seasons on the growth of plants; or perhaps to shepherds of flocks. For as we acknowledge the world to be full of many goods and also of evils, and of more evils than goods, there is, as we affirm, an immortal conflict going on among us, which requires marvellous watchfulness; and in that conflict the Gods and demigods are our allies, and we are their property. Injustice and insolence and folly are the destruction of us, and justice and temperance and wisdom are our salvation; and the place of these latter is in the life of the Gods, although some vestige of them may occasionally be discerned among mankind. But upon this earth we know that there dwell souls possessing an unjust spirit, who may be compared to brute animals, which fawn upon their keepers, whether dogs or shepherds, or the best and most perfect masters; for they in like manner, as the voices of the wicked declare, prevail by flattery and prayers and incantations, and are allowed to make their gains with impunity. And this sin, which is termed dishonesty, is an evil of the same kind as what is termed disease in living bodies or pestilence in years or seasons of the year, and in cities and governments has another name, which is injustice.

CLEINIAS: Quite true.

ATHENIAN: What else can he say who declares that the Gods are always lenient to the doers of unjust acts, if they divide the spoil with them? As if wolves were to toss a portion of their prey to the dogs, and they, mollified by the gift, suffered them to tear the flocks. Must not he who maintains that the Gods can be propitiated argue thus?

CLEINIAS: Precisely so.

ATHENIAN: And to which of the above-mentioned classes of guardians would any man compare the Gods without absurdity? Will he say that they are like pilots, who are themselves turned away from their duty by 'libations of wine and the savour of fat,' and at last overturn both ship and sailors?

CLEINIAS: Assuredly not.

ATHENIAN: And surely they are not like charioteers who are bribed to give up the victory to other chariots?

CLEINIAS: That would be a fearful image of the Gods.

ATHENIAN: Nor are they like generals, or physicians, or husbandmen, or shepherds; and no one would compare them to dogs who have been silenced by wolves.

CLEINIAS: A thing not to be spoken of.

ATHENIAN: And are not all the Gods the chiefest of all guardians, and do they not guard our highest interests?

CLEINIAS: Yes; the chiefest.

ATHENIAN: And shall we say that those who guard our noblest interests, and are the best of guardians, are inferior in virtue to dogs, and to men even of moderate excellence, who would never betray justice for the sake of gifts which unjust men impiously offer them?

CLEINIAS: Certainly not; nor is such a notion to be endured, and he who holds this opinion may be fairly singled out and characterized as of all impious men the wickedest and most impious.

ATHENIAN: Then are the three assertions – that the Gods exist, and that they take care of men, and that they can never be persuaded to do injustice, now sufficiently demonstrated? May we say that they are?

CLEINIAS: You have our entire assent to your words.

ATHENIAN: I have spoken with vehemence because I am zealous against evil men; and I will tell you, dear Cleinias, why I am so. I would not have the wicked think that, having the superiority in argument, they may do as they please and act according to their various imaginations about the Gods; and this zeal has led me to speak too vehemently; but if we have at all succeeded in persuading the men to hate themselves and love their opposites, the prelude of our laws about impiety will not have been spoken in vain.

CLEINIAS: So let us hope; and even if we have failed, the style of our argument will not discredit the lawgiver.

ATHENIAN: After the prelude shall follow a discourse, which will be the interpreter of the law; this shall proclaim to all impious persons that they must depart from their ways and go over to the pious. And to those who disobey, let the law about impiety be as follows: If a man is guilty of any impiety in word or deed, any one who happens to be present shall give information to the magistrates, in aid of the law; and let the magistrates who first receive the information bring him before the appointed court according to the law; and if a magistrate, after receiving information, refuses to act, he shall be tried for impiety at the instance of any one who is willing to vindicate the laws; and if any one be cast, the court shall estimate the punishment of each act of impiety; and let all such criminals be imprisoned. There shall be three prisons in the state: the first of them is to be the common prison in the neighbourhood of the agora for the safe-keeping of the generality of offenders; another is to be in the neighbourhood of the nocturnal council, and is to be called the 'House of Reformation'; another, to be situated in some wild and desolate region in the centre of the country, shall be called by some name expressive of retribution. Now, men fall into impiety from three causes, which have been already mentioned, and from each of these causes arise two sorts of impiety, in all six, which are worth distinguishing, and should not all have the same punishment. For he who does not believe in the Gods, and yet has a righteous nature, hates the wicked and dislikes and refuses to do injustice, and avoids unrighteous men, and loves the righteous. But they who besides believing that the world is devoid of Gods are intemperate, and have at the same time good memories and quick wits, are worse; although both of them are unbelievers, much less injury is done by the one than by the other. The one may talk loosely about the Gods and about sacrifices and oaths, and perhaps by laughing at other men he may make them like himself, if he be not punished. But the other who holds the same opinions and is called a clever man, is full of stratagem and deceit – men of this class deal in prophecy and jugglery of all kinds, and out of their ranks sometimes come tyrants and demagogues and generals and hierophants of private mysteries and the Sophists, as they are termed, with their ingenious devices. There are many kinds of unbelievers, but two only for whom legislation is required; one the hypocritical sort, whose crime is deserving of death many times over, while the other needs only bonds and admonition. In like manner also the notion that the Gods take no thought of men produces two other sorts of crimes, and the notion that they may be propitiated produces two more. Assuming these divisions, let those who have been made what they are only from want of understanding, and not from malice or an evil nature, be placed by the judge in the House of Reformation, and ordered to suffer imprisonment during a period of not less than five years. And in the meantime let them have no intercourse with the other citizens, except with members of the nocturnal council, and with them let them converse with a view to the improvement of their soul's health. And when the time of their imprisonment has expired, if any of them be of sound mind let him be restored to sane company, but if not, and if he be condemned a second time, let him be punished with death. As to that class of monstrous natures who not only believe that there are no Gods, or that they are negligent, or to be propitiated, but in contempt of mankind conjure the souls of the living and say that they can conjure the dead and promise to charm the Gods with sacrifices and prayers, and will utterly overthrow individuals and whole houses and states for the sake of money – let him who is guilty of any of these things be condemned by the court to be bound according to law in the prison which is in the centre of the land, and let no freeman ever approach him, but let him receive the rations of food appointed by the guardians of the law from the hands of the public slaves; and when he is dead let him be cast beyond the borders unburied, and if any freeman assist in burying him, let him pay the penalty of impiety to any one who is willing to bring a suit against him. But if he leaves behind him children who are fit to be citizens, let the guardians of orphans take care of them, just as they would of any other orphans, from the day on which their father is convicted.

In all these cases there should be one law, which will make men in general less liable to transgress in word or deed, and less foolish, because they will not be allowed to practise religious rites contrary to law. And let this be the simple form of the law: No man shall have sacred rites in a private house. When he would sacrifice, let him go to the temples and hand over his offerings to the priests and priestesses, who see to the sanctity of such things, and let him pray himself, and let any one who pleases join with him in prayer. The reason of this is as follows: Gods and temples are not easily instituted, and to establish them rightly is the work of a mighty intellect. And women especially, and men too, when they are sick or in danger, or in any sort of difficulty, or again on their receiving any good fortune, have a way of consecrating the occasion, vowing sacrifices, and promising shrines to Gods, demigods, and sons of Gods; and when they are awakened by terrible apparitions and dreams or remember visions, they find in altars and temples the remedies of them, and will fill every house and village with them, placing them in the open air, or wherever they may have had such visions; and with a view to all these cases we should obey the law. The law has also regard to the impious, and would not have them fancy that by the secret performance of these actions – by raising temples and by building altars in private houses, they can propitiate the God secretly with sacrifices and prayers, while they are really multiplying their crimes infinitely, bringing guilt from heaven upon themselves, and also upon those who permit them, and who are better men than they are; and the consequence is that the whole state reaps the fruit of their impiety, which, in a certain sense, is deserved. Assuredly God will not blame the legislator, who will enact the following law: No one shall possess shrines of the Gods in private houses, and he who is found to possess them, and perform any sacred rites not publicly authorised – supposing the offender to be some man or woman who is not guilty of any other great and impious crime – shall be informed against by him who is acquainted with the fact, which shall be announced by him to the guardians of the law; and let them issue orders that he or she shall carry away their private rites to the public temples, and if they do not persuade them, let them inflict a penalty on them until they comply. And if a person be proven guilty of impiety, not merely from childish levity, but such as grown-up men may be guilty of, whether he have sacrificed publicly or privately to any Gods, let him be punished with death, for his sacrifice is impure. Whether the deed has been done in earnest, or only from childish levity, let the guardians of the law determine, before they bring the matter into court and prosecute the offender for impiety.

BOOK XI

In the next place, dealings between man and man require to be suitably regulated. The principle of them is very simple: Thou shalt not, if thou canst help, touch that which is mine, or remove the least thing which belongs to me without my consent; and may I be of a sound mind, and do to others as I would that they should do to me. First, let us speak of treasure-trove: May I never pray the Gods to find the hidden treasure, which another has laid up for himself and his family, he not being one of my ancestors, nor lift, if I should find, such a treasure. And may I never have any dealings with those who are called diviners, and who in any way or manner counsel me to take up the deposit entrusted to the earth, for I should not gain so much in the increase of my possessions, if I take up the prize, as I should grow in justice and virtue of soul, if I abstain; and this will be a better possession to me than the other in a better part of myself; for the possession of justice in the soul is preferable to the possession of wealth. And of many things it is well said – 'Move not the immovables,' and this may be regarded as one of them. And we shall do well to believe the common tradition which says, that such deeds prevent a man from having a family. Now as to him who is careless about having children and regardless of the legislator, taking up that which neither he deposited, nor any ancestor of his, without the consent of the depositor, violating the simplest and noblest of laws which was the enactment of no mean man: 'Take not up that which was not laid down by thee' – of him, I say, who despises these two legislators, and takes up, not some small matter which he has not deposited, but perhaps a great heap of treasure, what he ought to suffer at the hands of the Gods, God only knows; but I would have the first person who sees him go and tell the wardens of the city, if the occurrence has taken place in the city, or if the occurrence has taken place in the agora he shall tell the wardens of the agora, or if in the country he shall tell the wardens of the country and their commanders. When information has been received the city shall send to Delphi, and, whatever the God answers about the money and the remover of the money, that the city shall do in obedience to the oracle; the informer, if he be a freeman, shall have the honour of doing rightly, and he who informs not, the dishonour of doing wrongly; and if he be a slave who gives information, let him be freed, as he ought to be, by the state, which shall give his master the price of him; but if he do not inform he shall be punished with death. Next in order shall follow a similar law, which shall apply equally to matters great and small: If a man happens to leave behind him some part of his property, whether intentionally or unintentionally, let him who may come upon the left property suffer it to remain, reflecting that such things are under the protection of the Goddess of ways, and are dedicated to her by the law. But if any one defies the law, and takes the property home with him, let him, if the thing is of little worth, and the man who takes it a slave, be beaten with many stripes by him who meets him, being a person of not less than thirty years of age. Or if he be a freeman, in addition to being thought a mean person and a despiser of the laws, let him pay ten times the value of the treasure which he has moved to the leaver. And if some one accuses another of having anything which belongs to him, whether little or much, and the other admits that he has this thing, but denies that the property in dispute belongs to the other, if the property be registered with the magistrates according to law, the claimant shall summon the possessor, who shall bring it before the magistrates; and when it is brought into court, if it be registered in the public registers, to which of the litigants it belonged, let him take it and go his way. Or if the property be registered as belonging to some one who is not present, whoever will offer sufficient surety on behalf of the absent person that he will give it up to him, shall take it away as the representative of the other. But if the property which is deposited be not registered with the magistrates, let it remain until the time of trial with three of the eldest of the magistrates; and if it be an animal which is deposited, then he who loses the suit shall pay the magistrates for its keep, and they shall determine the cause within three days.