Платон
Laws
Now there are four lives – the temperate, the rational, the courageous, the healthful; and to these let us oppose four others – the intemperate, the foolish, the cowardly, the diseased. The temperate life has gentle pains and pleasures and placid desires, the intemperate life has violent delights, and still more violent desires. And the pleasures of the temperate exceed the pains, while the pains of the intemperate exceed the pleasures. But if this is true, none are voluntarily intemperate, but all who lack temperance are either ignorant or wanting in self-control: for men always choose the life which (as they think) exceeds in pleasure. The wise, the healthful, the courageous life have a similar advantage – they also exceed their opposites in pleasure. And, generally speaking, the life of virtue is far more pleasurable and honourable, fairer and happier far, than the life of vice. Let this be the preamble of our laws; the strain will follow.
As in a web the warp is stronger than the woof, so should the rulers be stronger than their half-educated subjects. Let us suppose, then, that in the constitution of a state there are two parts, the appointment of the rulers, and the laws which they have to administer. But, before going further, there are some preliminary matters which have to be considered.
As of animals, so also of men, a selection must be made; the bad breed must be got rid of, and the good retained. The legislator must purify them, and if he be not a despot he will find this task to be a difficult one. The severer kinds of purification are practised when great offenders are punished by death or exile, but there is a milder process which is necessary when the poor show a disposition to attack the property of the rich, for then the legislator will send them off to another land, under the name of a colony. In our case, however, we shall only need to purify the streams before they meet. This is often a troublesome business, but in theory we may suppose the operation performed, and the desired purity attained. Evil men we will hinder from coming, and receive the good as friends.
Like the old Heraclid colony, we are fortunate in escaping the abolition of debts and the distribution of land, which are difficult and dangerous questions. But, perhaps, now that we are speaking of the subject, we ought to say how, if the danger existed, the legislator should try to avert it. He would have recourse to prayers, and trust to the healing influence of time. He would create a kindly spirit between creditors and debtors: those who have should give to those who have not, and poverty should be held to be rather the increase of a man's desires than the diminution of his property. Good-will is the only safe and enduring foundation of the political society; and upon this our city shall be built. The lawgiver, if he is wise, will not proceed with the arrangement of the state until all disputes about property are settled. And for him to introduce fresh grounds of quarrel would be madness.
Let us now proceed to the distribution of our state, and determine the size of the territory and the number of the allotments. The territory should be sufficient to maintain the citizens in moderation, and the population should be numerous enough to defend themselves, and sometimes to aid their neighbours. We will fix the number of citizens at 5040, to which the number of houses and portions of land shall correspond. Let the number be divided into two parts and then into three; for it is very convenient for the purposes of distribution, and is capable of fifty-nine divisions, ten of which proceed without interval from one to ten. Here are numbers enough for war and peace, and for all contracts and dealings. These properties of numbers are true, and should be ascertained with a view to use.
In carrying out the distribution of the land, a prudent legislator will be careful to respect any provision for religious worship which has been sanctioned by ancient tradition or by the oracles of Delphi, Dodona, or Ammon. All sacrifices, and altars, and temples, whatever may be their origin, should remain as they are. Every division should have a patron God or hero; to these a portion of the domain should be appropriated, and at their temples the inhabitants of the districts should meet together from time to time, for the sake of mutual help and friendship. All the citizens of a state should be known to one another; for where men are in the dark about each other's characters, there can be no justice or right administration. Every man should be true and single-minded, and should not allow himself to be deceived by others.
And now the game opens, and we begin to move the pieces. At first sight, our constitution may appear singular and ill-adapted to a legislator who has not despotic power; but on second thoughts will be deemed to be, if not the very best, the second best. For there are three forms of government, a first, a second, and a third best, out of which Cleinias has now to choose. The first and highest form is that in which friends have all things in common, including wives and property, – in which they have common fears, hopes, desires, and do not even call their eyes or their hands their own. This is the ideal state; than which there never can be a truer or better – a state, whether inhabited by Gods or sons of Gods, which will make the dwellers therein blessed. Here is the pattern on which we must ever fix our eyes; but we are now concerned with another, which comes next to it, and we will afterwards proceed to a third.
Inasmuch as our citizens are not fitted either by nature or education to receive the saying, Friends have all things in common, let them retain their houses and private property, but use them in the service of their country, who is their God and parent, and of the Gods and demigods of the land. Their first care should be to preserve the number of their lots. This may be secured in the following manner: when the possessor of a lot dies, he shall leave his lot to his best-beloved child, who will become the heir of all duties and interests, and will minister to the Gods and to the family, to the living and to the dead. Of the remaining children, the females must be given in marriage according to the law to be hereafter enacted; the males may be assigned to citizens who have no children of their own. How to equalize families and allotments will be one of the chief cares of the guardians of the laws. When parents have too many children they may give to those who have none, or couples may abstain from having children, or, if there is a want of offspring, special care may be taken to obtain them; or if the number of citizens becomes excessive, we may send away the surplus to found a colony. If, on the other hand, a war or plague diminishes the number of inhabitants, new citizens must be introduced; and these ought not, if possible, to be men of low birth or inferior training; but even God, it is said, cannot always fight against necessity.
Wherefore we will thus address our citizens: – Good friends, honour order and equality, and above all the number 5040. Secondly, respect the original division of the lots, which must not be infringed by buying and selling, for the law says that the land which a man has is sacred and is given to him by God. And priests and priestesses will offer frequent sacrifices and pray that he who alienates either house or lot may receive the punishment which he deserves, and their prayers shall be inscribed on tablets of cypress-wood for the instruction of posterity. The guardians will keep a vigilant watch over the citizens, and they will punish those who disobey God and the law.
To appreciate the benefit of such an institution a man requires to be well educated; for he certainly will not make a fortune in our state, in which all illiberal occupations are forbidden to freemen. The law also provides that no private person shall have gold or silver, except a little coin for daily use, which will not pass current in other countries. The state must also possess a common Hellenic currency, but this is only to be used in defraying the expenses of expeditions, or of embassies, or while a man is on foreign travels; but in the latter case he must deliver up what is over, when he comes back, to the treasury in return for an equal amount of local currency, on pain of losing the sum in question; and he who does not inform against an offender is to be mulcted in a like sum. No money is to be given or taken as a dowry, or to be lent on interest. The law will not protect a man in recovering either interest or principal. All these regulations imply that the aim of the legislator is not to make the city as rich or as mighty as possible, but the best and happiest. Now men can hardly be at the same time very virtuous and very rich. And why? Because he who makes twice as much and saves twice as much as he ought, receiving where he ought not and not spending where he ought, will be at least twice as rich as he who makes money where he ought, and spends where he ought. On the other hand, an utterly bad man is generally profligate and poor, while he who acquires honestly, and spends what he acquires on noble objects, can hardly be very rich. A very rich man is therefore not a good man, and therefore not a happy one. But the object of our laws is to make the citizens as friendly and happy as possible, which they cannot be if they are always at law and injuring each other in the pursuit of gain. And therefore we say that there is to be no silver or gold in the state, nor usury, nor the rearing of the meaner kinds of live-stock, but only agriculture, and only so much of this as will not lead men to neglect that for the sake of which money is made, first the soul and afterwards the body; neither of which are good for much without music and gymnastic. Money is to be held in honour last or third; the highest interests being those of the soul, and in the second class are to be ranked those of the body. This is the true order of legislation, which would be inverted by placing health before temperance, and wealth before health.
It might be well if every man could come to the colony having equal property; but equality is impossible, and therefore we must avoid causes of offence by having property valued and by equalizing taxation. To this end, let us make four classes in which the citizens may be placed according to the measure of their original property, and the changes of their fortune. The greatest of evils is revolution; and this, as the law will say, is caused by extremes of poverty or wealth. The limit of poverty shall be the lot, which must not be diminished, and may be increased fivefold, but not more. He who exceeds the limit must give up the excess to the state; but if he does not, and is informed against, the surplus shall be divided between the informer and the Gods, and he shall pay a sum equal to the surplus out Of his own property. All property other than the lot must be inscribed in a register, so that any disputes which arise may be easily determined.
The city shall be placed in a suitable situation, as nearly as possible in the centre of the country, and shall be divided into twelve wards. First, we will erect an acropolis, encircled by a wall, within which shall be placed the temples of Hestia, and Zeus, and Athene. From this shall be drawn lines dividing the city, and also the country, into twelve sections, and the country shall be subdivided into 5040 lots. Each lot shall contain two parts, one at a distance, the other near the city; and the distance of one part shall be compensated by the nearness of the other, the badness and goodness by the greater or less size. Twelve lots will be assigned to twelve Gods, and they will give their names to the tribes. The divisions of the city shall correspond to those of the country; and every man shall have two habitations, one near the centre of the country, the other at the extremity.
The objection will naturally arise, that all the advantages of which we have been speaking will never concur. The citizens will not tolerate a settlement in which they are deprived of gold and silver, and have the number of their families regulated, and the sites of their houses fixed by law. It will be said that our city is a mere image of wax. And the legislator will answer: 'I know it, but I maintain that we ought to set forth an ideal which is as perfect as possible. If difficulties arise in the execution of the plan, we must avoid them and carry out the remainder. But the legislator must first be allowed to complete his idea without interruption.'
The number twelve, which we have chosen for the number of division, must run through all parts of the state, – phratries, villages, ranks of soldiers, coins, and measures wet and dry, which are all to be made commensurable with one another. There is no meanness in requiring that the smallest vessels should have a common measure; for the divisions of number are useful in measuring height and depth, as well as sounds and motions, upwards or downwards, or round and round. The legislator should impress on his citizens the value of arithmetic. No instrument of education has so much power; nothing more tends to sharpen and inspire the dull intellect. But the legislator must be careful to instil a noble and generous spirit into the students, or they will tend to become cunning rather than wise. This may be proved by the example of the Egyptians and Phoenicians, who, notwithstanding their knowledge of arithmetic, are degraded in their general character; whether this defect in them is due to some natural cause or to a bad legislator. For it is clear that there are great differences in the power of regions to produce good men: heat and cold, and water and food, have great effects both on body and soul; and those spots are peculiarly fortunate in which the air is holy, and the Gods are pleased to dwell. To all this the legislator must attend, so far as in him lies.
BOOK VI. And now we are about to consider (1) the appointment of magistrates; (2) the laws which they will have to administer must be determined. I may observe by the way that laws, however good, are useless and even injurious unless the magistrates are capable of executing them. And therefore (1) the intended rulers of our imaginary state should be tested from their youth upwards until the time of their election; and (2) those who are to elect them ought to be trained in habits of law, that they may form a right judgment of good and bad men. But uneducated colonists, who are unacquainted with each other, will not be likely to choose well. What, then, shall we do? I will tell you: The colony will have to be intrusted to the ten commissioners, of whom you are one, and I will help you and them, which is my reason for inventing this romance. And I cannot bear that the tale should go wandering about the world without a head, – it will be such an ugly monster. 'Very good.' Yes; and I will be as good as my word, if God be gracious and old age permit. But let us not forget what a courageously mad creation this our city is. 'What makes you say so?' Why, surely our courage is shown in imagining that the new colonists will quietly receive our laws? For no man likes to receive laws when they are first imposed: could we only wait until those who had been educated under them were grown up, and of an age to vote in the public elections, there would be far greater reason to expect permanence in our institutions. 'Very true.' The Cnosian founders should take the utmost pains in the matter of the colony, and in the election of the higher officers, particularly of the guardians of the law. The latter should be appointed in this way: The Cnosians, who take the lead in the colony, together with the colonists, will choose thirty-seven persons, of whom nineteen will be colonists, and the remaining eighteen Cnosians – you must be one of the eighteen yourself, and become a citizen of the new state. 'Why do not you and Megillus join us?' Athens is proud, and Sparta too; and they are both a long way off. But let me proceed with my scheme. When the state is permanently established, the mode of election will be as follows: All who are serving, or have served, in the army will be electors; and the election will be held in the most sacred of the temples. The voter will place on the altar a tablet, inscribing thereupon the name of the candidate whom he prefers, and of his father, tribe, and ward, writing at the side of them his own name in like manner; and he may take away any tablet which does not appear written to his mind, and place it in the Agora for thirty days. The 300 who obtain the greatest number of votes will be publicly announced, and out of them there will be a second election of 100; and out of the 100 a third and final election of thirty-seven, accompanied by the solemnity of the electors passing through victims. But then who is to arrange all this? There is a common saying, that the beginning is half the whole; and I should say a good deal more than half. 'Most true.' The only way of making a beginning is from the parent city; and though in after ages the tie may be broken, and quarrels may arise between them, yet in early days the child naturally looks to the mother for care and education. And, as I said before, the Cnosians ought to take an interest in the colony, and select 100 elders of their own citizens, to whom shall be added 100 of the colonists, to arrange and supervise the first elections and scrutinies; and when the colony has been started, the Cnosians may return home and leave the colonists to themselves.
The thirty-seven magistrates who have been elected in the manner described, shall have the following duties: first, they shall be guardians of the law; secondly, of the registers of property in the four classes – not including the one, two, three, four minae, which are allowed as a surplus. He who is found to possess what is not entered in the registers, in addition to the confiscation of such property shall be proceeded against by law, and if he be cast he shall lose his share in the public property and in distributions of money; and his sentence shall be inscribed in some public place. The guardians are to continue in office twenty years only, and to commence holding office at fifty years, or if elected at sixty they are not to remain after seventy.
Generals have now to be elected, and commanders of horse and brigadiers of foot. The generals shall be natives of the city, proposed by the guardians of the law, and elected by those who are or have been of the age for military service. Any one may challenge the person nominated and start another candidate, whom he affirms upon oath to be better qualified. The three who obtain the greatest number of votes shall be elected. The generals thus elected shall propose the taxiarchs or brigadiers, and the challenge may be made, and the voting shall take place, in the same manner as before. The elective assembly will be presided over in the first instance, and until the prytanes and council come into being, by the guardians of the law in some holy place; and they shall divide the citizens into three divisions, – hoplites, cavalry, and the rest of the army – placing each of them by itself. All are to vote for generals and cavalry officers. The brigadiers are to be voted for only by the hoplites. Next, the cavalry are to choose phylarchs for the generals; but captains of archers and other irregular troops are to be appointed by the generals themselves. The cavalry-officers shall be proposed and voted upon by the same persons who vote for the generals. The two who have the greatest number of votes shall be leaders of all the horse. Disputes about the voting may be raised once or twice, but, if a third time, the presiding officers shall decide.
The council shall consist of 360, who may be conveniently divided into four sections, making ninety councillors of each class. In the first place, all the citizens shall select candidates from the first class; and they shall be compelled to vote under pain of a fine. This shall be the business of the first day. On the second day a similar selection shall be made from the second class under the same conditions. On the third day, candidates shall be selected from the third class; but the compulsion to vote shall only extend to the voters of the first three classes. On the fourth day, members of the council shall be selected from the fourth class; they shall be selected by all, but the compulsion to vote shall only extend to the second class, who, if they do not vote, shall pay a fine of triple the amount which was exacted at first, and to the first class, who shall pay a quadruple fine. On the fifth day, the names shall be exhibited, and out of them shall be chosen by all the citizens 180 of each class: these are severally to be reduced by lot to ninety, and 90 x 4 will form the council for the year.
The mode of election which has been described is a mean between monarchy and democracy, and such a mean should ever be observed in the state. For servants and masters cannot be friends, and, although equality makes friendship, we must remember that there are two sorts of equality. One of them is the rule of number and measure; but there is also a higher equality, which is the judgment of Zeus. Of this he grants but little to mortal men; yet that little is the source of the greatest good to cities and individuals. It is proportioned to the nature of each man; it gives more to the better and less to the inferior, and is the true political justice; to this we in our state desire to look, as every legislator should, not to the interests either of tyrants or mobs. But justice cannot always be strictly enforced, and then equity and mercy have to be substituted: and for a similar reason, when true justice will not be endured, we must have recourse to the rougher justice of the lot, which God must be entreated to guide.
These are the principal means of preserving the state, but perpetual care will also be required. When a ship is sailing on the sea, vigilance must not be relaxed night or day; and the vessel of state is tossing in a political sea, and therefore watch must continually succeed watch, and rulers must join hands with rulers. A small body will best perform this duty, and therefore the greater part of the 360 senators may be permitted to go and manage their own affairs, but a twelfth portion must be set aside in each month for the administration of the state. Their business will be to receive information and answer embassies; also they must endeavour to prevent or heal internal disorders; and with this object they must have the control of all assemblies of the citizens.
Besides the council, there must be wardens of the city and of the agora, who will superintend houses, ways, harbours, markets, and fountains, in the city and the suburbs, and prevent any injury being done to them by man or beast. The temples, also, will require priests and priestesses. Those who hold the priestly office by hereditary tenure shall not be disturbed; but as there will probably be few or none such in a new colony, priests and priestesses shall be appointed for the Gods who have no servants. Some of these officers shall be elected by vote, some by lot; and all classes shall mingle in a friendly manner at the elections. The appointment of priests should be left to God, – that is, to the lot; but the person elected must prove that he is himself sound in body and of legitimate birth, and that his family has been free from homicide or any other stain of impurity. Priests and priestesses are to be not less than sixty years of age, and shall hold office for a year only. The laws which are to regulate matters of religion shall be brought from Delphi, and interpreters appointed to superintend their execution. These shall be elected in the following manner: – The twelve tribes shall be formed into three bodies of four, each of which shall select four candidates, and this shall be done three times: of each twelve thus selected the three who receive the largest number of votes, nine in all, after undergoing a scrutiny shall go to Delphi, in order that the God may elect one out of each triad. They shall be appointed for life; and when any of them dies, another shall be elected by the four tribes who made the original appointment. There shall also be treasurers of the temples; three for the greater temples, two for the lesser, and one for those of least importance.
The defence of the city should be committed to the generals and other officers of the army, and to the wardens of the city and agora. The defence of the country shall be on this wise: – The twelve tribes shall allot among themselves annually the twelve divisions of the country, and each tribe shall appoint five wardens and commanders of the watch. The five wardens in each division shall choose out of their own tribe twelve guards, who are to be between twenty-five and thirty years of age. Both the wardens and the guards are to serve two years; and they shall make a round of the divisions, staying a month in each. They shall go from West to East during the first year, and back from East to West during the second. Thus they will gain a perfect knowledge of the country at every season of the year.
While on service, their first duty will be to see that the country is well protected by means of fortifications and entrenchments; they will use the beasts of burden and the labourers whom they find on the spot, taking care however not to interfere with the regular course of agriculture. But while they thus render the country as inaccessible as possible to enemies, they will also make it as accessible as possible to friends by constructing and maintaining good roads. They will restrain and preserve the rain which comes down from heaven, making the barren places fertile, and the wet places dry. They will ornament the fountains with plantations and buildings, and provide water for irrigation at all seasons of the year. They will lead the streams to the temples and groves of the Gods; and in such spots the youth shall make gymnasia for themselves, and warm baths for the aged; there the rustic worn with toil will receive a kindly welcome, and be far better treated than at the hands of an unskilful doctor.
These works will be both useful and ornamental; but the sixty wardens must not fail to give serious attention to other duties. For they must watch over the districts assigned to them, and also act as judges. In small matters the five commanders shall decide: in greater matters up to three minae, the five commanders and the twelve guards. Like all other judges, except those who have the final decision, they shall be liable to give an account. If the wardens impose unjust tasks on the villagers, or take by force their crops or implements, or yield to flattery or bribes in deciding suits, let them be publicly dishonoured. In regard to any other wrong-doing, if the question be of a mina, let the neighbours decide; but if the accused person will not submit, trusting that his monthly removals will enable him to escape payment, and also in suits about a larger amount, the injured party may have recourse to the common court; in the former case, if successful, he may exact a double penalty.
The wardens and guards, while on their two years' service, shall live and eat together, and the guard who is absent from the daily meals without permission or sleeps out at night, shall be regarded as a deserter, and may be punished by any one who meets him. If any of the commanders is guilty of such an irregularity, the whole sixty shall have him punished; and he of them who screens him shall suffer a still heavier penalty than the offender himself. Now by service a man learns to rule; and he should pride himself upon serving well the laws and the Gods all his life, and upon having served ancient and honourable men in his youth. The twelve and the five should be their own servants, and use the labour of the villagers only for the good of the public. Let them search the country through, and acquire a perfect knowledge of every locality; with this view, hunting and field sports should be encouraged.
Next we have to speak of the elections of the wardens of the agora and of the city. The wardens of the city shall be three in number, and they shall have the care of the streets, roads, buildings, and also of the water-supply. They shall be chosen out of the highest class, and when the number of candidates has been reduced to six who have the greatest number of votes, three out of the six shall be taken by lot, and, after a scrutiny, shall be admitted to their office. The wardens of the agora shall be five in number – ten are to be first elected, and every one shall vote for all the vacant places; the ten shall be afterwards reduced to five by lot, as in the former election. The first and second class shall be compelled to go to the assembly, but not the third and fourth, unless they are specially summoned. The wardens of the agora shall have the care of the temples and fountains which are in the agora, and shall punish those who injure them by stripes and bonds, if they be slaves or strangers; and by fines, if they be citizens. And the wardens of the city shall have a similar power of inflicting punishment and fines in their own department.
In the next place, there must be directors of music and gymnastic; one class of them superintending gymnasia and schools, and the attendance and lodging of the boys and girls – the other having to do with contests of music and gymnastic. In musical contests there shall be one kind of judges of solo singing or playing, who will judge of rhapsodists, flute-players, harp-players and the like, and another of choruses. There shall be choruses of men and boys and maidens – one director will be enough to introduce them all, and he should not be less than forty years of age; secondly, of solos also there shall be one director, aged not less than thirty years; he will introduce the competitors and give judgment upon them. The director of the choruses is to be elected in an assembly at which all who take an interest in music are compelled to attend, and no one else. Candidates must only be proposed for their fitness, and opposed on the ground of unfitness. Ten are to be elected by vote, and the one of these on whom the lot falls shall be director for a year. Next shall be elected out of the second and third classes the judges of gymnastic contests, who are to be three in number, and are to be tested, after being chosen by lot out of twenty who have been elected by the three highest classes – these being compelled to attend at the election.
