Laws
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LAWS
By Plato
Translated By Benjamin Jowett
INTRODUCTION AND ANALYSIS.
The genuineness of the Laws is sufficiently proved (1) by more than
twenty citations of them in the writings of Aristotle, who was residing
at Athens during the last twenty years of the life of Plato, and who,
having left it after his death (B.C. 347), returned thither twelve years
later (B.C. 335); (2) by the allusion of Isocrates
(Oratio ad Philippum missa, p.84: To men tais paneguresin enochlein
kai pros apantas legein tous sunprechontas en autais pros oudena legein
estin, all omoios oi toioutoi ton logon (sc. speeches in the assembly)
akuroi tugchanousin ontes tois nomois kai tais politeiais tais upo ton
sophiston gegrammenais.) --writing 346 B.C., a year after the death
of Plato, and probably not more than three or four years after the
composition of the Laws--who speaks of the Laws and Republics written by
philosophers (upo ton sophiston); (3) by the reference (Athen.) of the
comic poet Alexis, a younger contemporary of Plato (fl. B.C 356-306), to
the enactment about prices, which occurs in Laws xi., viz that the same
goods should not be offered at two prices on the same day
(Ou gegone kreitton nomothetes tou plousiou
Aristonikou tithesi gar nuni nomon,
ton ichthuopolon ostis an polon tini
ichthun upotimesas apodot elattonos
es eipe times, eis to desmoterion
euthus apagesthai touton, ina dedoikotes
tes axias agaposin, e tes esperas
saprous apantas apopherosin oikade.
Meineke, Frag. Com. Graec.); (4) by the unanimous voice of later
antiquity and the absence of any suspicion among ancient writers worth
speaking of to the contrary; for it is not said of Philippus of Opus
that he composed any part of the Laws, but only that he copied them
out of the waxen tablets, and was thought by some to have written the
Epinomis (Diog. Laert.) That the longest and one of the best writings
bearing the name of Plato should be a forgery, even if its genuineness
were unsupported by external testimony, would be a singular phenomenon
in ancient literature; and although the critical worth of the consensus
of late writers is generally not to be compared with the express
testimony of contemporaries, yet a somewhat greater value may be
attributed to their consent in the present instance, because the
admission of the Laws is combined with doubts about the Epinomis,
a spurious writing, which is a kind of epilogue to the larger work
probably of a much later date. This shows that the reception of the Laws
was not altogether undiscriminating.
The suspicion which has attached to the Laws of Plato in the judgment
of some modern writers appears to rest partly (1) on differences in
the style and form of the work, and (2) on differences of thought and
opinion which they observe in them. Their suspicion is increased by the
fact that these differences are accompanied by resemblances as striking
to passages in other Platonic writings. They are sensible of a want
of point in the dialogue and a general inferiority in the ideas,
plan, manners, and style. They miss the poetical flow, the dramatic
verisimilitude, the life and variety of the characters, the dialectic
subtlety, the Attic purity, the luminous order, the exquisite urbanity;
instead of which they find tautology, obscurity, self-sufficiency,
sermonizing, rhetorical declamation, pedantry, egotism, uncouth forms
of sentences, and peculiarities in the use of words and idioms. They are
unable to discover any unity in the patched, irregular structure. The
speculative element both in government and education is superseded by
a narrow economical or religious vein. The grace and cheerfulness of
Athenian life have disappeared; and a spirit of moroseness and religious
intolerance has taken their place. The charm of youth is no longer
there; the mannerism of age makes itself unpleasantly felt. The
connection is often imperfect; and there is a want of arrangement,
exhibited especially in the enumeration of the laws towards the end of
the work. The Laws are full of flaws and repetitions. The Greek is in
places very ungrammatical and intractable. A cynical levity is displayed
in some passages, and a tone of disappointment and lamentation over
human things in others. The critics seem also to observe in them bad
imitations of thoughts which are better expressed in Plato's other
writings. Lastly, they wonder how the mind which conceived the Republic
could have left the Critias, Hermocrates, and Philosophus incomplete or
unwritten, and have devoted the last years of life to the Laws.
The questions which have been thus indirectly suggested may be
considered by us under five or six heads: I, the characters; II, the
plan; III, the style; IV, the imitations of other writings of Plato;
V; the more general relation of the Laws to the Republic and the other
dialogues; and VI, to the existing Athenian and Spartan states.
I. Already in the Philebus the distinctive character of Socrates has
disappeared; and in the Timaeus, Sophist, and Statesman his function of
chief speaker is handed over to the Pythagorean philosopher Timaeus, and
to the Eleatic Stranger, at whose feet he sits, and is silent. More and
more Plato seems to have felt in his later writings that the character
and method of Socrates were no longer suited to be the vehicle of his
own philosophy. He is no longer interrogative but dogmatic; not 'a
hesitating enquirer,' but one who speaks with the authority of a
legislator. Even in the Republic we have seen that the argument which is
carried on by Socrates in the old style with Thrasymachus in the first
book, soon passes into the form of exposition. In the Laws he is nowhere
mentioned. Yet so completely in the tradition of antiquity is Socrates
identified with Plato, that in the criticism of the Laws which we find
in the so-called Politics of Aristotle he is supposed by the writer
still to be playing his part of the chief speaker (compare Pol.).
The Laws are discussed by three representatives of Athens, Crete, and
Sparta. The Athenian, as might be expected, is the protagonist or chief
speaker, while the second place is assigned to the Cretan, who, as
one of the leaders of a new colony, has a special interest in the
conversation. At least four-fifths of the answers are put into his
mouth. The Spartan is every inch a soldier, a man of few words himself,
better at deeds than words. The Athenian talks to the two others,
although they are his equals in age, in the style of a master
discoursing to his scholars; he frequently praises himself; he
entertains a very poor opinion of the understanding of his companions.
Certainly the boastfulness and rudeness of the Laws is the reverse of
the refined irony and courtesy which characterize the earlier dialogues.
We are no longer in such good company as in the Phaedrus and Symposium.
Manners are lost sight of in the earnestness of the speakers, and
dogmatic assertions take the place of poetical fancies.
The scene is laid in Crete, and the conversation is held in the course
of a walk from Cnosus to the cave and temple of Zeus, which takes place
on one of the longest and hottest days of the year. The companions start
at dawn, and arrive at the point in their conversation which terminates
the fourth book, about noon. The God to whose temple they are going is
the lawgiver of Crete, and this may be supposed to be the very cave
at which he gave his oracles to Minos. But the externals of the scene,
which are briefly and inartistically described, soon disappear, and we
plunge abruptly into the subject of the dialogue. We are reminded by
contrast of the higher art of the Phaedrus, in which the summer's day,
and the cool stream, and the chirping of the grasshoppers, and the
fragrance of the agnus castus, and the legends of the place are present
to the imagination throughout the discourse.
The typical Athenian apologizes for the tendency of his countrymen
'to spin a long discussion out of slender materials,' and in a similar
spirit the Lacedaemonian Megillus apologizes for the Spartan brevity
(compare Thucydid.), acknowledging at the same time that there may be
occasions when long discourses are necessary. The family of Megillus is
the proxenus of Athens at Sparta; and he pays a beautiful compliment to
the Athenian, significant of the character of the work, which, though
borrowing many elements from Sparta, is also pervaded by an Athenian
spirit. A good Athenian, he says, is more than ordinarily good, because
he is inspired by nature and not manufactured by law. The love of
listening which is attributed to the Timocrat in the Republic is also
exhibited in him. The Athenian on his side has a pleasure in speaking to
the Lacedaemonian of the struggle in which their ancestors were jointly
engaged against the Persians. A connexion with Athens is likewise
intimated by the Cretan Cleinias. He is the relative of Epimenides,
whom, by an anachronism of a century,--perhaps arising as Zeller
suggests (Plat. Stud.) out of a confusion of the visit of Epimenides
and Diotima (Symp.),--he describes as coming to Athens, not after the
attempt of Cylon, but ten years before the Persian war. The Cretan and
Lacedaemonian hardly contribute at all to the argument of which the
Athenian is the expounder; they only supply information when asked about
the institutions of their respective countries. A kind of simplicity or
stupidity is ascribed to them. At first, they are dissatisfied with the
free criticisms which the Athenian passes upon the laws of Minos and
Lycurgus, but they acquiesce in his greater experience and knowledge of
the world. They admit that there can be no objection to the enquiry; for
in the spirit of the legislator himself, they are discussing his laws
when there are no young men present to listen. They are unwilling to
allow that the Spartan and Cretan lawgivers can have been mistaken
in honouring courage as the first part of virtue, and are puzzled at
hearing for the first time that 'Goods are only evil to the evil.'
Several times they are on the point of quarrelling, and by an effort
learn to restrain their natural feeling (compare Shakespeare, Henry V,
act iii. sc. 2). In Book vii., the Lacedaemonian expresses a momentary
irritation at the accusation which the Athenian brings against the
Spartan institutions, of encouraging licentiousness in their women,
but he is reminded by the Cretan that the permission to criticize them
freely has been given, and cannot be retracted. His only criterion of
truth is the authority of the Spartan lawgiver; he is 'interested,'
in the novel speculations of the Athenian, but inclines to prefer the
ordinances of Lycurgus.
The three interlocutors all of them speak in the character of old
men, which forms a pleasant bond of union between them. They have the
feelings of old age about youth, about the state, about human things in
general. Nothing in life seems to be of much importance to them; they
are spectators rather than actors, and men in general appear to the
Athenian speaker to be the playthings of the Gods and of circumstances.
Still they have a fatherly care of the young, and are deeply impressed
by sentiments of religion. They would give confidence to the aged by an
increasing use of wine, which, as they get older, is to unloose their
tongues and make them sing. The prospect of the existence of the soul
after death is constantly present to them; though they can hardly be
said to have the cheerful hope and resignation which animates Socrates
in the Phaedo or Cephalus in the Republic. Plato appears to be
expressing his own feelings in remarks of this sort. For at the time of
writing the first book of the Laws he was at least seventy-four years of