Monday, April 15, 2019

FFL Quotes: Laws, Book I of XII, by Plato, ~360BC

http://www.gutenberg.org/files/1750/1750-h/1750-h.htm#link2H_4_0004

ATHENIAN: "Tell me, Strangers, is a God or some man supposed to be the author of your laws?"

ATHENIAN: "[First], I want to know why the law has ordained that you shall have common meals and gymnastic exercises, and wear arms.
 CLEINIAS: I think, Stranger, that the aim of our institutions is easily intelligible to any one. Look at the character of our country: Crete is not like Thessaly, a large plain; and for this reason they have horsemen in Thessaly, and we have runners—the inequality of the ground in our country is more adapted to locomotion on foot; but then, if you have runners you must have light arms—no one can carry a heavy weight when running, and bows and arrows are convenient because they are light. Now all these regulations have been made with a view to war, and the legislator appears to me to have looked to this in all his arrangements:—the common meals, if I am not mistaken, were instituted by him for a similar reason, because he saw that while they are in the field the citizens are by the nature of the case compelled to take their meals together for the sake of mutual protection. He seems to me to have thought the world foolish in not understanding that all men are always at war with one another; and if in war there ought to be common meals and certain persons regularly appointed under others to protect an army, they should be continued in peace. For what men in general term peace would be said by him to be only a name; in reality every city is in a natural state of war with every other, not indeed proclaimed by heralds, but everlasting. And if you look closely, you will find that this was the intention of the Cretan legislator; all institutions, private as well as public, were arranged by him with a view to war; in giving them he was under the impression that no possessions or institutions are of any value to him who is defeated in battle; for all the good things of the conquered pass into the hands of the conquerors.
ATHENIAN: You appear to me, Stranger, to have been thoroughly trained in the Cretan institutions, and to be well informed about them; will you tell me a little more explicitly what is the principle of government which you would lay down? You seem to imagine that a well-governed state ought to be so ordered as to conquer all other states in war: am I right in supposing this to be your meaning?
CLEINIAS: Certainly[.]
ATHENIAN: And is what you say applicable only to states, or also to villages?
CLEINIAS: To both alike.
ATHENIAN: The case is the same?
CLEINIAS: Yes.
ATHENIAN: And in the village will there be the same war of family against family, and of individual against individual?
CLEINIAS: The same.
ATHENIAN: And should each man conceive himself to be his own enemy:—what shall we say?
CLEINIAS: O Athenian Stranger—inhabitant of Attica I will not call you, for you seem to deserve rather to be named after the goddess herself, because you go back to first principles,—you have thrown a light upon the argument, and will now be better able to understand what I was just saying,—that all men are publicly one another's enemies, and each man privately his own. [...]Moreover, there is a victory and defeat—the first and best of victories, the lowest and worst of defeats—which each man gains or sustains at the hands, not of another, but of himself; this shows that there is a war against ourselves going on within every one of us."

ATHENIAN: "[...] Seeing that every individual is either his own superior or his own inferior, may we say that there is the same principle in the house, the village, and the state?
CLEINIAS: You mean that in each of them there is a principle of superiority or inferiority to self.
ATHENIAN: Yes.
CLEINIAS: You are quite right in asking the question, for there certainly is such a principle, and above all in states; and the state in which the better citizens win a victory over the mob and over the inferior classes may be truly said to be better than itself, and may be justly praised, where such a victory is gained, or censured in the opposite case.
ATHENIAN: [...] I now quite understand your meaning when you say that citizens who are of the same race and live in the same cities may unjustly conspire, and having the superiority in numbers may overcome and enslave the few just; and when they prevail, the state may be truly called its own inferior and therefore bad; and when they are defeated, its own superior and therefore good."

ATHENIAN: "[...] We are considering the natural principles of right and wrong in laws."

ATHENIAN: "Now, which would be the better judge—one who destroyed the bad and appointed the good to govern themselves; or one who, while allowing the good to govern, let the bad live, and made them voluntarily submit? Or third, I suppose, in the scale of excellence might be placed a judge, who, finding the family distracted, not only did not destroy any one, but reconciled them to one another for ever after, and gave them laws which they mutually observed, and was able to keep them friends.
CLEINIAS: The last would be by far the best sort of judge and legislator.
ATHENIAN: And yet the aim of all the laws which he gave would be the reverse of war.
CLEINIAS: Very true.
ATHENIAN: And will he who constitutes the state and orders the life of man have in view external war, or that kind of intestine war called civil, which no one, if he could prevent, would like to have occurring in his own state; and when occurring, every one would wish to be quit of as soon as possible?
CLEINIAS: He would have the latter chiefly in view.
ATHENIAN: And would he prefer that this civil war should be terminated by the destruction of one of the parties, and by the victory of the other, or that peace and friendship should be re-established, and that, being reconciled, they should give their attention to foreign enemies?
CLEINIAS: Every one would desire the latter in the case of his own state.
ATHENIAN: And would not that also be the desire of the legislator?
CLEINIAS: Certainly.
ATHENIAN: And would not every one always make laws for the sake of the best?
CLEINIAS: To be sure.
ATHENIAN: But war, whether external or civil, is not the best, and the need of either is to be deprecated; but peace with one another, and good will, are best. Nor is the victory of the state over itself to be regarded as a really good thing, but as a necessity; a man might as well say that the body was in the best state when sick and purged by medicine, forgetting that there is also a state of the body which needs no purge. And in like manner no one can be a true statesman, whether he aims at the happiness of the individual or state, who looks only, or first of all, to external warfare; nor will he ever be a sound legislator who orders peace for the sake of war, and not war for the sake of peace."

ATHENIAN: "I dare say; but there is no reason why we should rudely quarrel with one another about your legislators, instead of gently questioning them, seeing that both we and they are equally in earnest."

ATHENIAN: "[...] A far inferior man to Tyrtaeus would have no difficulty in replying quite truly, that war is of two kinds,—one which is universally called civil war, and is, as we were just now saying, of all wars the worst; the other, as we should all admit, in which we fall out with other nations who are of a different race, is a far milder form of warfare."

ATHENIAN: "[...] You will ask what the conclusion is, and what I am seeking to prove: I maintain that the divine legislator of Crete, like any other who is worthy of consideration, will always and above all things in making laws have regard to the greatest virtue; which, according to Theognis, is loyalty in the hour of danger, and may be truly called perfect justice. Whereas, that virtue which Tyrtaeus highly praises is well enough, and was praised by the poet at the right time, yet in place and dignity may be said to be only fourth rate (i.e., it ranks after justice, temperance, and wisdom.).
CLEINIAS: Stranger, we are degrading our inspired lawgiver to a rank which is far beneath him.
ATHENIAN: Nay, I think that we degrade not him but ourselves, if we imagine that Lycurgus and Minos laid down laws both in Lacedaemon and Crete mainly with a view to war."

ATHENIAN: "What truth and what justice require of us, if I am not mistaken, when speaking in behalf of divine excellence;—that the legislator when making his laws had in view not a part only, and this the lowest part of virtue, but all virtue, and that he devised classes of laws answering to the kinds of virtue; not in the way in which modern inventors of laws make the classes, for they only investigate and offer laws whenever a want is felt, and one man has a class of laws about allotments and heiresses, another about assaults; others about ten thousand other such matters. But we maintain that the right way of examining into laws is to proceed as we have now done, and I admired the spirit of your exposition; for you were quite right in beginning with virtue, and saying that this was the aim of the giver of the law, but I thought that you went wrong when you added that all his legislation had a view only to a part, and the least part of virtue [.]"

ATHENIAN: "The Cretan laws are with reason famous among the Hellenes; for they fulfil the object of laws, which is to make those who use them happy; and they confer every sort of good. Now goods are of two kinds: there are human and there are divine goods, and the human hang upon the divine; and the state which attains the greater, at the same time acquires the less, or, not having the greater, has neither. Of the lesser goods the first is health, the second beauty, the third strength, including swiftness in running and bodily agility generally, and the fourth is wealth, not the blind god (Pluto), but one who is keen of sight, if only he has wisdom for his companion. For wisdom is chief and leader of the divine class of goods, and next follows temperance; and from the union of these two with courage springs justice, and fourth in the scale of virtue is courage. All these naturally take precedence of the other goods, and this is the order in which the legislator must place them, and after them he will enjoin the rest of his ordinances on the citizens with a view to these, the human looking to the divine, and the divine looking to their leader mind. Some of his ordinances will relate to contracts of marriage which they make one with another, and then to the procreation and education of children, both male and female; the duty of the lawgiver will be to take charge of his citizens, in youth and age, and at every time of life, and to give them punishments and rewards; and in reference to all their intercourse with one another, he ought to consider their pains and pleasures and desires, and the vehemence of all their passions; he should keep a watch over them, and blame and praise them rightly by the mouth of the laws themselves. Also with regard to anger and terror, and the other perturbations of the soul, which arise out of misfortune, and the deliverances from them which prosperity brings, and the experiences which come to men in diseases, or in war, or poverty, or the opposite of these; in all these states he should determine and teach what is the good and evil of the condition of each. In the next place, the legislator has to be careful how the citizens make their money and in what way they spend it, and to have an eye to their mutual contracts and dissolutions of contracts, whether voluntary or involuntary: he should see how they order all this, and consider where justice as well as injustice is found or is wanting in their several dealings with one another; and honour those who obey the law, and impose fixed penalties on those who disobey, until the round of civil life is ended, and the time has come for the consideration of the proper funeral rites and honours of the dead. And the lawgiver reviewing his work, will appoint guardians to preside over these things,—some who walk by intelligence, others by true opinion only, and then mind will bind together all his ordinances and show them to be in harmony with temperance and justice, and not with wealth or ambition. This is the spirit, Stranger, in which I was and am desirous that you should pursue the subject [.]"

ATHENIAN: "But how ought we to define courage? Is it to be regarded only as a combat against fears and pains, or also against desires and pleasures, and against flatteries; which exercise such a tremendous power, that they make the hearts even of respectable citizens to melt like wax?
MEGILLUS: I should say the latter."

ATHENIAN: Now, which is in the truest sense inferior, the man who is overcome by pleasure or by pain?
CLEINIAS: I should say the man who is overcome by pleasure; for all men deem him to be inferior in a more disgraceful sense, than the other who is overcome by pain.
ATHENIAN: But surely the lawgivers of Crete and Lacedaemon have not legislated for a courage which is lame of one leg, able only to meet attacks which come from the left, but impotent against the insidious flatteries which come from the right?
CLEINIAS: Able to meet both, I should say.
ATHENIAN: Then let me once more ask, what institutions have you in either of your states which give a taste of pleasures, and do not avoid them any more than they avoid pains; but which set a person in the midst of them, and compel or induce him by the prospect of reward to get the better of them? Where is an ordinance about pleasure similar to that about pain to be found in your laws? Tell me what there is of this nature among you:—What is there which makes your citizen equally brave against pleasure and pain, conquering what they ought to conquer, and superior to the enemies who are most dangerous and nearest home?
MEGILLUS: I was able to tell you, Stranger, many laws which were directed against pain; but I do not know that I can point out any great or obvious examples of similar institutions which are concerned with pleasure; there are some lesser provisions, however, which I might mention.
CLEINIAS: Neither can I show anything of that sort which is at all equally prominent in the Cretan laws."

ATHENIAN: "I will not at present determine whether he who censures the Cretan or Lacedaemonian polities is right or wrong. But I believe that I can tell better than either of you what the many say about them. For assuming that you have reasonably good laws, one of the best of them will be the law forbidding any young men to enquire which of them are right or wrong; but with one mouth and one voice they must all agree that the laws are all good, for they came from God; and any one who says the contrary is not to be listened to. But an old man who remarks any defect in your laws may communicate his observation to a ruler or to an equal in years when no young man is present.
CLEINIAS: Exactly so, Stranger; and like a diviner, although not there at the time, you seem to me quite to have hit the meaning of the legislator, and to say what is most true.
ATHENIAN: As there are no young men present, and the legislator has given old men free licence, there will be no impropriety in our discussing these very matters now that we are alone.
CLEINIAS: True. And therefore you may be as free as you like in your censure of our laws, for there is no discredit in knowing what is wrong; he who receives what is said in a generous and friendly spirit will be all the better for it."

ATHENIAN: "[...] For you are the only people known to us, whether Greek or barbarian, whom the legislator commanded to eschew all great pleasures and amusements and never to touch them; whereas in the matter of pains or fears which we have just been discussing, he thought that they who from infancy had always avoided pains and fears and sorrows, when they were compelled to face them would run away from those who were hardened in them, and would become their subjects. Now the legislator ought to have considered that this was equally true of pleasure; he should have said to himself, that if our citizens are from their youth upward unacquainted with the greatest pleasures, and unused to endure amid the temptations of pleasure, and are not disciplined to refrain from all things evil, the sweet feeling of pleasure will overcome them just as fear would overcome the former class; and in another, and even a worse manner, they will be the slaves of those who are able to endure amid pleasures, and have had the opportunity of enjoying them, they being often the worst of mankind. One half of their souls will be a slave, the other half free; and they will not be worthy to be called in the true sense men and freemen."

CLEINIAS: "On first hearing, what you say appears to be the truth; but to be hasty in coming to a conclusion about such important matters would be very childish and simple."

ATHENIAN: "There seems to be a difficulty, Stranger, with regard to states, in making words and facts coincide so that there can be no dispute about them. [Another translation: There seems to be a difficulty, Stranger, in so ordering acts and words in politics that there should be no dispute about them.] As in the human body, the regimen which does good in one way does harm in another; and we can hardly say that any one course of treatment is adapted to a particular constitution. Now the gymnasia and common meals [as mandated in Crete] do a great deal of good, and yet they are a source of evil in civil troubles; as is shown in the case of the Milesian, and Boeotian, and Thurian youth, among whom these institutions seem always to have had a tendency to degrade the ancient and natural custom of love below the level, not only of man, but of the beasts. The charge may be fairly brought against your cities above all others, and is true also of most other states which especially cultivate gymnastics. Whether such matters are to be regarded jestingly or seriously, I think that the pleasure is to be deemed natural which arises out of the intercourse between men and women; but that the intercourse of men with men, or of women with women, is contrary to nature, and that the bold attempt was originally due to unbridled lust. The Cretans are always accused of having invented the story of Ganymede and Zeus because they wanted to justify themselves in the enjoyment of unnatural pleasures by the practice of the god whom they believe to have been their lawgiver. Leaving the story, we may observe that any speculation about laws turns almost entirely on pleasure and pain, both in states and in individuals: these are two fountains which nature lets flow, and he who draws from them where and when, and as much as he ought, is happy; and this holds of men and animals—of individuals as well as states; and he who indulges in them ignorantly and at the wrong time, is the reverse of happy."

ATHENIAN: "[We] cannot say that victory or defeat in battle affords more than a doubtful proof of the goodness or badness of institutions. For when the greater states conquer and enslave the lesser, as the Syracusans have done the Locrians, who appear to be the best-governed people in their part of the world, or as the Athenians have done the Ceans (and there are ten thousand other instances of the same sort of thing), all this is not to the point; let us endeavour rather to form a conclusion about each institution in itself and say nothing, at present, of victories and defeats. Let us only say that such and such a custom is honourable, and another not."

ATHENIAN: "All those who are ready at a moment's notice to praise or censure any practice which is matter of discussion, seem to me to proceed in a wrong way. Let me give you an illustration of what I mean:—You may suppose a person to be praising wheat as a good kind of food, whereupon another person instantly blames wheat, without ever enquiring into its effect or use, or in what way, or to whom, or with what, or in what state and how, wheat is to be given. And that is just what we are doing in this discussion. At the very mention of the word intoxication [or whatever topic], one side is ready with their praises and the other with their censures; which is absurd. For either side adduce their witnesses and approvers, and some of us think that we speak with authority because we have many witnesses; and others because they see those who abstain conquering in battle, and this again is disputed by us. Now I cannot say that I shall be satisfied, if we go on discussing each of the remaining laws in the same way. And about this very point of intoxication [or whatever topic] I should like to speak in another way[.]"

ATHENIAN: "If you mean to ask what great good accrues to the state from the right training of a single youth, or of a single chorus—when the question is put in that form, we cannot deny that the good is not very great in any particular instance. But if you ask what is the good of education in general, the answer is easy—that education makes good men, and that good men act nobly, and conquer their enemies in battle, because they are good. Education certainly gives victory, although victory sometimes produces forgetfulness of education; for many have grown insolent from victory in war, and this insolence has engendered in them innumerable evils; and many a victory has been and will be suicidal to the victors; but education is never suicidal."

ATHENIAN: "[I] will try to find a way of explaining my meaning, and you shall try to have the gift of understanding me."

ATHENIAN: "To be absolutely sure of the truth of matters concerning which there are many opinions, is an attribute of the Gods not given to man, Stranger; but I shall be very happy to tell you what I think, especially as we are now proposing to enter on a discussion concerning laws and constitutions."

MEGILLUS: O Athenian Stranger, let me tell you what perhaps you do not know, that our family is the proxenus of your state. I imagine that from their earliest youth all boys, when they are told that they are the proxeni of a particular state, feel kindly towards their second country; and this has certainly been my own feeling. I can well remember from the days of my boyhood, how, when any Lacedaemonians praised or blamed the Athenians, they used to say to me,—'See, Megillus, how ill or how well,' as the case might be, 'has your state treated us'; and having always had to fight your battles against detractors when I heard you assailed, I became warmly attached to you. And I always like to hear the Athenian tongue spoken; the common saying is quite true, that a good Athenian is more than ordinarily good, for he is the only man who is freely and genuinely good by the divine inspiration of his own nature, and is not manufactured. Therefore be assured that I shall like to hear you say whatever you have to say.

ATHENIAN: "[...] At the outset of the discussion, let me define the nature and power of education; for this is the way by which our argument must travel onwards to the God Dionysus. [...] According to my view, any one who would be good at anything must practise that thing from his youth upwards, both in sport and earnest, in its several branches: for example, he who is to be a good builder, should play at building children's houses; he who is to be a good husbandman, at tilling the ground; and those who have the care of their education should provide them when young with mimic tools. They should learn beforehand the knowledge which they will afterwards require for their art. For example, the future carpenter should learn to measure or apply the line in play; and the future warrior should learn riding, or some other exercise, for amusement, and the teacher should endeavour to direct the children's inclinations and pleasures, by the help of amusements, to their final aim in life. The most important part of education is right training in the nursery. The soul of the child in his play should be guided to the love of that sort of excellence in which when he grows up to manhood he will have to be perfected. [...] Then let us not leave the meaning of education ambiguous or ill-defined. At present, when we speak in terms of praise or blame about the bringing-up of each person, we call one man educated and another uneducated, although the uneducated man may be sometimes very well educated for the calling of a retail trader, or of a captain of a ship, and the like. For we are not speaking of education in this narrower sense, but of that other education in virtue from youth upwards, which makes a man eagerly pursue the ideal perfection of citizenship, and teaches him how rightly to rule and how to obey. This is the only education which, upon our view, deserves the name; that other sort of training, which aims at the acquisition of wealth or bodily strength, or mere cleverness apart from intelligence and justice, is mean and illiberal, and is not worthy to be called education at all. But let us not quarrel with one another about a word, provided that the proposition which has just been granted hold good: to wit, that those who are rightly educated generally become good men. Neither must we cast a slight upon education, which is the first and fairest thing that the best of men can ever have, and which, though liable to take a wrong direction, is capable of reformation. And this work of reformation is the great business of every man while he lives."

 MEGILLUS: "[The] common saying is quite true, that a good Athenian is more than ordinarily good, for he is the only man who is freely and genuinely good by the divine inspiration of his own nature, and is not manufactured." Or as the Introduction clarifies: " A good Athenian, he says, is more than ordinarily good, because he is inspired by nature and not manufactured by the law."

ATHENIAN: And we agreed before that they are good men who are able to rule themselves, and bad men who are not.

ATHENIAN: "Do we not consider each of ourselves to be one?
CLEINIAS: We do.
ATHENIAN: And each one of us has in his bosom two counsellors, both foolish and also antagonistic; of which we call the one pleasure, and the other pain.
CLEINIAS: Exactly.
ATHENIAN: Also there are opinions about the future, which have the general name of expectations; and the specific name of fear, when the expectation is of pain; and of hope, when of pleasure; and further, there is reflection about the good or evil of them, and this, when embodied in a decree by the State, is called Law.
CLEINIAS: I am hardly able to follow you; proceed, however, as if I were.
MEGILLUS: I am in the like case.
ATHENIAN: Let us look at the matter thus: May we not conceive each of us living beings to be a puppet of the Gods, either their plaything only, or created with a purpose—which of the two we cannot certainly know? But we do know, that these affections in us are like cords and strings, which pull us different and opposite ways, and to opposite actions; and herein lies the difference between virtue and vice. According to the argument there is one among these cords which every man ought to grasp and never let go, but to pull with it against all the rest; and this is the sacred and golden cord of reason, called by us the common law of the State; there are others which are hard and of iron, but this one is soft because golden; and there are several other kinds. Now we ought always to cooperate with the lead of the best, which is law. For inasmuch as reason is beautiful and gentle, and not violent, her rule must needs have ministers in order to help the golden principle in vanquishing the other principles. And thus the moral of the tale about our being puppets will not have been lost, and the meaning of the expression 'superior or inferior to a man's self' will become clearer; and the individual, attaining to right reason in this matter of pulling the strings of the puppet, should live according to its rule; while the city, receiving the same from some god or from one who has knowledge of these things, should embody it in a law, to be her guide in her dealings with herself and with other states. In this way virtue and vice will be more clearly distinguished by us. And when they have become clearer, education and other institutions will in like manner become clearer; and in particular that question of convivial entertainment, which may seem, perhaps, to have been a very trifling matter, and to have taken a great many more words than were necessary."

ATHENIAN: "[...]Do we not distinguish two kinds of fear, which are very different? [...] There is the fear of expected evil [, and] there is the fear of an evil reputation; we are afraid of being thought evil, because we do or say some dishonourable thing, which fear we and all men term shame. [...] These are the two fears, as I called them; one of which is the opposite of pain and other fears, and the opposite also of the greatest and most numerous sort of pleasures. [...] And does not the legislator and every one who is good for anything, hold this fear [that of evil reputation] in the greatest honour? This is what he terms reverence, and the confidence which is the reverse of this he terms insolence; and the latter he always deems to be a very great evil both to individuals and to states. [...] Does not this kind of fear preserve us in many important ways? What is there which so surely gives victory and safety in war? For there are two things which give victory—confidence before enemies, and fear of disgrace before friends. [...] Then each of us should be fearless and also fearful; and why we should be either has now been determined. [...] And when we want to make any one fearless, we and the law bring him face to face with many fears. [...] And when we want to make him rightly fearful, must we not introduce him to shameless pleasures, and train him to take up arms against them, and to overcome them? Or does this principle apply to courage only, and must he who would be perfect in valour fight against and overcome his own natural character,—since if he be unpractised and inexperienced in such conflicts, he will not be half the man which he might have been,—and are we to suppose, that with temperance it is otherwise, and that he who has never fought with the shameless and unrighteous temptations of his pleasures and lusts, and conquered them, in earnest and in play, by word, deed, and act, will still be perfectly temperate?"

ATHENIAN: And this knowledge of the natures and habits of men's souls will be of the greatest use in that art which has the management of them; and that art, if I am not mistaken, is politics.