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Laws

Plato

worst features, such as the use of the lot, while by doing away with the political character of the popular assembly the mainspring of the machine is taken out. The guardians of the law, thirty-seven in number, of whom the ten eldest reappear as a part of the Nocturnal Council at the end of the twelfth book, are to be elected by the whole military class, but they are to hold office for twenty years, and would therefore have an oligarchical rather than a democratic character. Nothing is said of the manner in which the functions of the Nocturnal Council are to be harmonized with those of the guardians of the law, or as to how the ordinary council is related to it. Similar principles are applied to inferior offices. To some the appointment is made by vote, to others by lot. In the elections to the priesthood, Plato endeavours to mix or balance in a friendly manner 'demus and not demus.' The commonwealth of the Laws, like the Republic, cannot dispense with a spiritual head, which is the same in both--the oracle of Delphi. From this the laws about all divine things are to be derived. The final selection of the Interpreters, the choice of an heir for a vacant lot, the punishment for removing a deposit, are also to be determined by it. Plato is not disposed to encourage amateur attempts to revive religion in states. For, as he says in the Laws, 'To institute religious rites is the work of a great intelligence.' Though the council is framed on the model of the Athenian Boule, the law courts of Plato do not equally conform to the pattern of the Athenian dicasteries. Plato thinks that the judges should speak and ask questions:--this is not possible if they are numerous; he would, therefore, have a few judges only, but good ones. He is nevertheless aware that both in public and private suits there must be a popular element. He insists that the whole people must share in the administration of justice--in public causes they are to take the first step, and the final decision is to remain with them. In private suits they are also to retain a share; 'for the citizen who has no part in the administration of justice is apt to think that he has no share in the state. For this reason there is to be a court of law in every tribe (i.e. for about every 2,000 citizens), and the judges are to be chosen by lot.' Of the courts of law he gives what he calls a superficial sketch. Nor, indeed is it easy to reconcile his various accounts of them. It is however clear that although some officials, like the guardians of the law, the wardens of the agora, city, and country have power to inflict minor penalties, the administration of justice is in the main popular. The ingenious expedient of dividing the questions of law and fact between a judge and jury, which would have enabled Plato to combine the popular element with the judicial, did not occur to him or to any other ancient political philosopher. Though desirous of limiting the number of judges, and thereby confining the office to persons specially fitted for it, he does not seem to have understood that a body of law must be formed by decisions as well as by legal enactments. He would have men in the first place seek justice from their friends and neighbours, because, as he truly remarks, they know best the questions at issue; these are called in another passage arbiters rather than judges. But if they cannot settle the matter, it is to be referred to the courts of the tribes, and a higher penalty is to be paid by the party who is unsuccessful in the suit. There is a further appeal allowed to the select judges, with a further increase of penalty. The select judges are to be appointed by the magistrates, who are to choose one from every magistracy. They are to be elected annually, and therefore probably for a year only, and are liable to be called to account before the guardians of the law. In cases of which death is the penalty, the trial takes place before a special court, which is composed of the guardians of the law and of the judges of appeal. In treating of the subject in Book ix, he proposes to leave for the most part the methods of procedure to a younger generation of legislators; the procedure in capital causes he determines himself. He insists that the vote of the judges shall be given openly, and before they vote they are to hear speeches from the plaintiff and defendant. They are then to take evidence in support of what has been said, and to examine witnesses. The eldest judge is to ask his questions first, and then the second, and then the third. The interrogatories are to continue for three days, and the evidence is to be written down. Apparently he does not expect the judges to be professional lawyers, any more than he expects the members of the council to be trained statesmen. In forming marriage connexions, Plato supposes that the public interest will prevail over private inclination. There was nothing in this very shocking to the notions of Greeks, among whom the feeling of love towards the other sex was almost deprived of sentiment or romance. Married life is to be regulated solely with a view to the good of the state. The newly-married couple are not allowed to absent themselves from their respective syssitia, even during their honeymoon; they are to give their whole mind to the procreation of children; their duties to one another at a later period of life are not a matter about which the state is equally solicitous. Divorces are readily allowed for incompatibility of temper. As in the Republic, physical considerations seem almost to exclude moral and social ones. To modern feelings there is a degree of coarseness in Plato's treatment of the subject. Yet he also makes some shrewd remarks on marriage, as for example, that a man who does not marry for money will not be the humble servant of his wife. And he shows a true conception of the nature of the family, when he requires that the newly-married couple 'should leave their father and mother,' and have a separate home. He also provides against extravagance in marriage festivals, which in some states of society, for instance in the case of the Hindoos, has been a social evil of the first magnitude. In treating of property, Plato takes occasion to speak of property in slaves. They are to be treated with perfect justice; but, for their own sake, to be kept at a distance. The motive is not so much humanity to the slave, of which there are hardly any traces (although Plato allows that many in the hour of peril have found a slave more attached than members of their own family), but the self-respect which the freeman and citizen owes to himself (compare Republic). If they commit crimes, they are doubly punished; if they inform against illegal practices of their masters, they are to receive a protection, which would probably be ineffectual, from the guardians of the law; in rare cases they are to be set free. Plato still breathes the spirit of the old Hellenic world, in which slavery was a necessity, because leisure must be provided for the citizen. The education propounded in the Laws differs in several points from that of the Republic. Plato seems to have reflected as deeply and earnestly on the importance of infancy as Rousseau, or Jean Paul (compare the saying of the latter--'Not the moment of death, but the moment of birth, is probably the more important'). He would fix the amusements of children in the hope of fixing their characters in after-life. In the spirit of the statesman who said, 'Let me make the ballads of a country, and I care not who make their laws,' Plato would say, 'Let the amusements of children be unchanged, and they will not want to change the laws. The 'Goddess Harmonia' plays a great part in Plato's ideas of education. The natural restless force of life in children, 'who do nothing but roar until they are three years old,' is gradually to be reduced to law and order. As in the Republic, he fixes certain forms in which songs are to be composed: (1) they are to be strains of cheerfulness and good omen; (2) they are to be hymns or prayers addressed to the Gods; (3) they are to sing only of the lawful and good. The poets are again expelled or rather ironically invited to depart; and those who remain are required to submit their poems to the censorship of the magistrates. Youth are no longer compelled to commit to memory many thousand lyric and tragic Greek verses; yet, perhaps, a worse fate is in store for them. Plato has no belief in 'liberty of prophesying'; and having guarded against the dangers of lyric poetry, he remembers that there is an equal danger in other writings. He cannot leave his old enemies, the Sophists, in possession of the field; and therefore he proposes that youth shall learn by heart, instead of the compositions of poets or prose writers, his own inspired work on laws. These, and music and mathematics, are the chief parts of his education. Mathematics are to be cultivated, not as in the Republic with a view to the science of the idea of good,--though the higher use of them is not altogether excluded,--but rather with a religious and political aim. They are a sacred study which teaches men how to distribute the portions of a state, and which is to be pursued in order that they may learn not to blaspheme about astronomy. Against three mathematical errors Plato is in profound earnest. First, the error of supposing that the three dimensions of length, breadth, and height, are really commensurable with one another. The difficulty which he feels is analogous to the difficulty which he formerly felt about the connexion of ideas, and is equally characteristic of ancient philosophy: he fixes his mind on the point of difference, and cannot at the same time take in the similarity. Secondly, he is puzzled about the nature of fractions: in the Republic, he is disposed to deny the possibility of their existence. Thirdly, his optimism leads him to insist (unlike the Spanish king who thought that he could have improved on the mechanism of the heavens) on the perfect or circular movement of the heavenly bodies. He appears to mean, that instead of regarding the stars as overtaking or being overtaken by one another, or as planets wandering in many paths, a more comprehensive survey of the heavens would enable us to infer that they all alike moved in a circle around a centre (compare Timaeus; Republic). He probably suspected, though unacquainted with the true cause, that the appearance of the heavens did not agree with the reality: at any rate, his notions of what was right or fitting easily overpowered the results of actual observation. To the early astronomers, who lived at the revival of science, as to Plato, there was nothing absurd in a priori astronomy, and they would probably have made fewer real discoveries of they had followed any other track. (Compare Introduction to the Republic.) The science of dialectic is nowhere mentioned by name in the Laws, nor is anything said of the education of after-life. The child is to begin to learn at ten years of age: he is to be taught reading and writing for three years, from ten to thirteen, and no longer; and for three years more, from thirteen to sixteen, he is to be instructed in music. The great fault which Plato finds in the contemporary education is the almost total ignorance of arithmetic and astronomy, in which the Greeks would do well to take a lesson from the Egyptians (compare Republic). Dancing and wrestling are to have a military character, and women as well as men are to be taught the use of arms. The military spirit which Plato has vainly endeavoured to expel in the first two books returns again in the seventh and eighth. He has evidently a sympathy with the