Laws

BOOK IV

ATHENIAN: And now, what will this city be? I do not mean to ask what is or will hereafter be the name of the place; that may be determined by the accident of locality or of the original settlement – a river or fountain, or some local deity may give the sanction of a name to the newly-founded city; but I do want to know what the situation is, whether maritime or inland.

CLEINIAS: I should imagine, Stranger, that the city of which we are speaking is about eighty stadia distant from the sea.

ATHENIAN: And are there harbours on the seaboard?

CLEINIAS: Excellent harbours, Stranger; there could not be better.

ATHENIAN: Alas! what a prospect! And is the surrounding country productive, or in need of importations?

CLEINIAS: Hardly in need of anything.

ATHENIAN: And is there any neighbouring State?

CLEINIAS: None whatever, and that is the reason for selecting the place; in days of old, there was a migration of the inhabitants, and the region has been deserted from time immemorial.

ATHENIAN: And has the place a fair proportion of hill, and plain, and wood?

CLEINIAS: Like the rest of Crete in that.

ATHENIAN: You mean to say that there is more rock than plain?

CLEINIAS: Exactly.

ATHENIAN: Then there is some hope that your citizens may be virtuous: had you been on the sea, and well provided with harbours, and an importing rather than a producing country, some mighty saviour would have been needed, and lawgivers more than mortal, if you were ever to have a chance of preserving your state from degeneracy and discordance of manners (compare Ar. Pol.). But there is comfort in the eighty stadia; although the sea is too near, especially if, as you say, the harbours are so good. Still we may be content. The sea is pleasant enough as a daily companion, but has indeed also a bitter and brackish quality; filling the streets with merchants and shopkeepers, and begetting in the souls of men uncertain and unfaithful ways – making the state unfriendly and unfaithful both to her own citizens, and also to other nations. There is a consolation, therefore, in the country producing all things at home; and yet, owing to the ruggedness of the soil, not providing anything in great abundance. Had there been abundance, there might have been a great export trade, and a great return of gold and silver; which, as we may safely affirm, has the most fatal results on a State whose aim is the attainment of just and noble sentiments: this was said by us, if you remember, in the previous discussion.

CLEINIAS: I remember, and am of opinion that we both were and are in the right.

ATHENIAN: Well, but let me ask, how is the country supplied with timber for ship-building?

CLEINIAS: There is no fir of any consequence, nor pine, and not much cypress; and you will find very little stone-pine or plane-wood, which shipwrights always require for the interior of ships.

ATHENIAN: These are also natural advantages.

CLEINIAS: Why so?

ATHENIAN: Because no city ought to be easily able to imitate its enemies in what is mischievous.

CLEINIAS: How does that bear upon any of the matters of which we have been speaking?

ATHENIAN: Remember, my good friend, what I said at first about the Cretan laws, that they looked to one thing only, and this, as you both agreed, was war; and I replied that such laws, in so far as they tended to promote virtue, were good; but in that they regarded a part only, and not the whole of virtue, I disapproved of them. And now I hope that you in your turn will follow and watch me if I legislate with a view to anything but virtue, or with a view to a part of virtue only. For I consider that the true lawgiver, like an archer, aims only at that on which some eternal beauty is always attending, and dismisses everything else, whether wealth or any other benefit, when separated from virtue. I was saying that the imitation of enemies was a bad thing; and I was thinking of a case in which a maritime people are harassed by enemies, as the Athenians were by Minos (I do not speak from any desire to recall past grievances); but he, as we know, was a great naval potentate, who compelled the inhabitants of Attica to pay him a cruel tribute; and in those days they had no ships of war as they now have, nor was the country filled with ship-timber, and therefore they could not readily build them. Hence they could not learn how to imitate their enemy at sea, and in this way, becoming sailors themselves, directly repel their enemies. Better for them to have lost many times over the seven youths, than that heavy-armed and stationary troops should have been turned into sailors, and accustomed to be often leaping on shore, and again to come running back to their ships; or should have fancied that there was no disgrace in not awaiting the attack of an enemy and dying boldly; and that there were good reasons, and plenty of them, for a man throwing away his arms, and betaking himself to flight, – which is not dishonourable, as people say, at certain times. This is the language of naval warfare, and is anything but worthy of extraordinary praise. For we should not teach bad habits, least of all to the best part of the citizens. You may learn the evil of such a practice from Homer, by whom Odysseus is introduced, rebuking Agamemnon, because he desires to draw down the ships to the sea at a time when the Achaeans are hard pressed by the Trojans, – he gets angry with him, and says:

'Who, at a time when the battle is in full cry, biddest to drag the well-benched ships into the sea, that the prayers of the Trojans may be accomplished yet more, and high ruin fall upon us. For the Achaeans will not maintain the battle, when the ships are drawn into the sea, but they will look behind and will cease from strife; in that the counsel which you give will prove injurious.'

You see that he quite knew triremes on the sea, in the neighbourhood of fighting men, to be an evil; – lions might be trained in that way to fly from a herd of deer. Moreover, naval powers which owe their safety to ships, do not give honour to that sort of warlike excellence which is most deserving of it. For he who owes his safety to the pilot and the captain, and the oarsman, and all sorts of rather inferior persons, cannot rightly give honour to whom honour is due. But how can a state be in a right condition which cannot justly award honour?

CLEINIAS: It is hardly possible, I admit; and yet, Stranger, we Cretans are in the habit of saying that the battle of Salamis was the salvation of Hellas.

ATHENIAN: Why, yes; and that is an opinion which is widely spread both among Hellenes and barbarians. But Megillus and I say rather, that the battle of Marathon was the beginning, and the battle of Plataea the completion, of the great deliverance, and that these battles by land made the Hellenes better; whereas the sea-fights of Salamis and Artemisium – for I may as well put them both together – made them no better, if I may say so without offence about the battles which helped to save us. And in estimating the goodness of a state, we regard both the situation of the country and the order of the laws, considering that the mere preservation and continuance of life is not the most honourable thing for men, as the vulgar think, but the continuance of the best life, while we live; and that again, if I am not mistaken, is a remark which has been made already.

CLEINIAS: Yes.

ATHENIAN: Then we have only to ask, whether we are taking the course which we acknowledge to be the best for the settlement and legislation of states.

CLEINIAS: The best by far.

ATHENIAN: And now let me proceed to another question: Who are to be the colonists? May any one come out of all Crete; and is the idea that the population in the several states is too numerous for the means of subsistence? For I suppose that you are not going to send out a general invitation to any Hellene who likes to come. And yet I observe that to your country settlers have come from Argos and Aegina and other parts of Hellas. Tell me, then, whence do you draw your recruits in the present enterprise?

CLEINIAS: They will come from all Crete; and of other Hellenes, Peloponnesians will be most acceptable. For, as you truly observe, there are Cretans of Argive descent; and the race of Cretans which has the highest character at the present day is the Gortynian, and this has come from Gortys in the Peloponnesus.

ATHENIAN: Cities find colonization in some respects easier if the colonists are one race, which like a swarm of bees is sent out from a single country, either when friends leave friends, owing to some pressure of population or other similar necessity, or when a portion of a state is driven by factions to emigrate. And there have been whole cities which have taken flight when utterly conquered by a superior power in war. This, however, which is in one way an advantage to the colonist or legislator, in another point of view creates a difficulty. There is an element of friendship in the community of race, and language, and laws, and in common temples and rites of worship; but colonies which are of this homogeneous sort are apt to kick against any laws or any form of constitution differing from that which they had at home; and although the badness of their own laws may have been the cause of the factions which prevailed among them, yet from the force of habit they would fain preserve the very customs which were their ruin, and the leader of the colony, who is their legislator, finds them troublesome and rebellious. On the other hand, the conflux of several populations might be more disposed to listen to new laws; but then, to make them combine and pull together, as they say of horses, is a most difficult task, and the work of years. And yet there is nothing which tends more to the improvement of mankind than legislation and colonization.

CLEINIAS: No doubt; but I should like to know why you say so.

ATHENIAN: My good friend, I am afraid that the course of my speculations is leading me to say something depreciatory of legislators; but if the word be to the purpose, there can be no harm. And yet, why am I disquieted, for I believe that the same principle applies equally to all human things?

CLEINIAS: To what are you referring?

ATHENIAN: I was going to say that man never legislates, but accidents of all sorts, which legislate for us in all sorts of ways. The violence of war and the hard necessity of poverty are constantly overturning governments and changing laws. And the power of disease has often caused innovations in the state, when there have been pestilences, or when there has been a succession of bad seasons continuing during many years. Any one who sees all this, naturally rushes to the conclusion of which I was speaking, that no mortal legislates in anything, but that in human affairs chance is almost everything. And this may be said of the arts of the sailor, and the pilot, and the physician, and the general, and may seem to be well said; and yet there is another thing which may be said with equal truth of all of them.

CLEINIAS: What is it?

ATHENIAN: That God governs all things, and that chance and opportunity co-operate with Him in the government of human affairs. There is, however, a third and less extreme view, that art should be there also; for I should say that in a storm there must surely be a great advantage in having the aid of the pilot's art. You would agree?

CLEINIAS: Yes.

ATHENIAN: And does not a like principle apply to legislation as well as to other things: even supposing all the conditions to be favourable which are needed for the happiness of the state, yet the true legislator must from time to time appear on the scene?

CLEINIAS: Most true.

ATHENIAN: In each case the artist would be able to pray rightly for certain conditions, and if these were granted by fortune, he would then only require to exercise his art?

CLEINIAS: Certainly.

ATHENIAN: And all the other artists just now mentioned, if they were bidden to offer up each their special prayer, would do so?

CLEINIAS: Of course.

ATHENIAN: And the legislator would do likewise?

CLEINIAS: I believe that he would.

ATHENIAN: 'Come, legislator,' we will say to him; 'what are the conditions which you require in a state before you can organize it?' How ought he to answer this question? Shall I give his answer?

CLEINIAS: Yes.

ATHENIAN: He will say – 'Give me a state which is governed by a tyrant, and let the tyrant be young and have a good memory; let him be quick at learning, and of a courageous and noble nature; let him have that quality which, as I said before, is the inseparable companion of all the other parts of virtue, if there is to be any good in them.'

CLEINIAS: I suppose, Megillus, that this companion virtue of which the Stranger speaks, must be temperance?

ATHENIAN: Yes, Cleinias, temperance in the vulgar sense; not that which in the forced and exaggerated language of some philosophers is called prudence, but that which is the natural gift of children and animals, of whom some live continently and others incontinently, but when isolated, was, as we said, hardly worth reckoning in the catalogue of goods. I think that you must understand my meaning.

CLEINIAS: Certainly.

ATHENIAN: Then our tyrant must have this as well as the other qualities, if the state is to acquire in the best manner and in the shortest time the form of government which is most conducive to happiness; for there neither is nor ever will be a better or speedier way of establishing a polity than by a tyranny.

CLEINIAS: By what possible arguments, Stranger, can any man persuade himself of such a monstrous doctrine?

ATHENIAN: There is surely no difficulty in seeing, Cleinias, what is in accordance with the order of nature?

CLEINIAS: You would assume, as you say, a tyrant who was young, temperate, quick at learning, having a good memory, courageous, of a noble nature?

ATHENIAN: Yes; and you must add fortunate; and his good fortune must be that he is the contemporary of a great legislator, and that some happy chance brings them together. When this has been accomplished, God has done all that he ever does for a state which he desires to be eminently prosperous; He has done second best for a state in which there are two such rulers, and third best for a state in which there are three. The difficulty increases with the increase, and diminishes with the diminution of the number.

CLEINIAS: You mean to say, I suppose, that the best government is produced from a tyranny, and originates in a good lawgiver and an orderly tyrant, and that the change from such a tyranny into a perfect form of government takes place most easily; less easily when from an oligarchy; and, in the third degree, from a democracy: is not that your meaning?

ATHENIAN: Not so; I mean rather to say that the change is best made out of a tyranny; and secondly, out of a monarchy; and thirdly, out of some sort of democracy: fourth, in the capacity for improvement, comes oligarchy, which has the greatest difficulty in admitting of such a change, because the government is in the hands of a number of potentates. I am supposing that the legislator is by nature of the true sort, and that his strength is united with that of the chief men of the state; and when the ruling element is numerically small, and at the same time very strong, as in a tyranny, there the change is likely to be easiest and most rapid.

CLEINIAS: How? I do not understand.

ATHENIAN: And yet I have repeated what I am saying a good many times; but I suppose that you have never seen a city which is under a tyranny?

CLEINIAS: No, and I cannot say that I have any great desire to see one.

ATHENIAN: And yet, where there is a tyranny, you might certainly see that of which I am now speaking.

CLEINIAS: What do you mean?

ATHENIAN: I mean that you might see how, without trouble and in no very long period of time, the tyrant, if he wishes, can change the manners of a state: he has only to go in the direction of virtue or of vice, whichever he prefers, he himself indicating by his example the lines of conduct, praising and rewarding some actions and reproving others, and degrading those who disobey.

CLEINIAS: But how can we imagine that the citizens in general will at once follow the example set to them; and how can he have this power both of persuading and of compelling them?

ATHENIAN: Let no one, my friends, persuade us that there is any quicker and easier way in which states change their laws than when the rulers lead: such changes never have, nor ever will, come to pass in any other way. The real impossibility or difficulty is of another sort, and is rarely surmounted in the course of ages; but when once it is surmounted, ten thousand or rather all blessings follow.

CLEINIAS: Of what are you speaking?

ATHENIAN: The difficulty is to find the divine love of temperate and just institutions existing in any powerful forms of government, whether in a monarchy or oligarchy of wealth or of birth. You might as well hope to reproduce the character of Nestor, who is said to have excelled all men in the power of speech, and yet more in his temperance. This, however, according to the tradition, was in the times of Troy; in our own days there is nothing of the sort; but if such an one either has or ever shall come into being, or is now among us, blessed is he and blessed are they who hear the wise words that flow from his lips. And this may be said of power in general: When the supreme power in man coincides with the greatest wisdom and temperance, then the best laws and the best constitution come into being; but in no other way. And let what I have been saying be regarded as a kind of sacred legend or oracle, and let this be our proof that, in one point of view, there may be a difficulty for a city to have good laws, but that there is another point of view in which nothing can be easier or sooner effected, granting our supposition.

CLEINIAS: How do you mean?

ATHENIAN: Let us try to amuse ourselves, old boys as we are, by moulding in words the laws which are suitable to your state.

CLEINIAS: Let us proceed without delay.

ATHENIAN: Then let us invoke God at the settlement of our state; may He hear and be propitious to us, and come and set in order the State and the laws!

CLEINIAS: May He come!

ATHENIAN: But what form of polity are we going to give the city?

CLEINIAS: Tell us what you mean a little more clearly. Do you mean some form of democracy, or oligarchy, or aristocracy, or monarchy? For we cannot suppose that you would include tyranny.

ATHENIAN: Which of you will first tell me to which of these classes his own government is to be referred?

MEGILLUS: Ought I to answer first, since I am the elder?

CLEINIAS: Perhaps you should.

MEGILLUS: And yet, Stranger, I perceive that I cannot say, without more thought, what I should call the government of Lacedaemon, for it seems to me to be like a tyranny, – the power of our Ephors is marvellously tyrannical; and sometimes it appears to me to be of all cities the most democratical; and who can reasonably deny that it is an aristocracy (compare Ar. Pol.)? We have also a monarchy which is held for life, and is said by all mankind, and not by ourselves only, to be the most ancient of all monarchies; and, therefore, when asked on a sudden, I cannot precisely say which form of government the Spartan is.

CLEINIAS: I am in the same difficulty, Megillus; for I do not feel confident that the polity of Cnosus is any of these.

ATHENIAN: The reason is, my excellent friends, that you really have polities, but the states of which we were just now speaking are merely aggregations of men dwelling in cities who are the subjects and servants of a part of their own state, and each of them is named after the dominant power; they are not polities at all. But if states are to be named after their rulers, the true state ought to be called by the name of the God who rules over wise men.

CLEINIAS: And who is this God?

ATHENIAN: May I still make use of fable to some extent, in the hope that I may be better able to answer your question: shall I?

CLEINIAS: By all means.

ATHENIAN: In the primeval world, and a long while before the cities came into being whose settlements we have described, there is said to have been in the time of Cronos a blessed rule and life, of which the best-ordered of existing states is a copy (compare Statesman).

CLEINIAS: It will be very necessary to hear about that.

ATHENIAN: I quite agree with you; and therefore I have introduced the subject.

CLEINIAS: Most appropriately; and since the tale is to the point, you will do well in giving us the whole story.

ATHENIAN: I will do as you suggest. There is a tradition of the happy life of mankind in days when all things were spontaneous and abundant. And of this the reason is said to have been as follows: – Cronos knew what we ourselves were declaring, that no human nature invested with supreme power is able to order human affairs and not overflow with insolence and wrong. Which reflection led him to appoint not men but demigods, who are of a higher and more divine race, to be the kings and rulers of our cities; he did as we do with flocks of sheep and other tame animals. For we do not appoint oxen to be the lords of oxen, or goats of goats; but we ourselves are a superior race, and rule over them. In like manner God, in His love of mankind, placed over us the demons, who are a superior race, and they with great ease and pleasure to themselves, and no less to us, taking care of us and giving us peace and reverence and order and justice never failing, made the tribes of men happy and united. And this tradition, which is true, declares that cities of which some mortal man and not God is the ruler, have no escape from evils and toils. Still we must do all that we can to imitate the life which is said to have existed in the days of Cronos, and, as far as the principle of immortality dwells in us, to that we must hearken, both in private and public life, and regulate our cities and houses according to law, meaning by the very term 'law,' the distribution of mind. But if either a single person or an oligarchy or a democracy has a soul eager after pleasures and desires – wanting to be filled with them, yet retaining none of them, and perpetually afflicted with an endless and insatiable disorder; and this evil spirit, having first trampled the laws under foot, becomes the master either of a state or of an individual, – then, as I was saying, salvation is hopeless. And now, Cleinias, we have to consider whether you will or will not accept this tale of mine.