Laws Part 14

CLEINIAS: That is obvious.

ATHENIAN: He is a troublesome piece of goods, as has been often shown by the frequent revolts of the Messenians, and the great mischiefs which happen in states having many slaves who speak the same language, and the numerous robberies and lawless life of the Italian banditti, as they are called. A man who considers all this is fairly at a loss. Two remedies alone remain to us,-not to have the slaves of the same country, nor if possible, speaking the same language (compare Aris. Pol.); in this way they will more easily be held in subjection: secondly, we should tend them carefully, not only out of regard to them, but yet more out of respect to ourselves. And the right treatment of slaves is to behave properly to them, and to do to them, if possible, even more justice than to those who are our equals; for he who naturally and genuinely reverences justice, and hates injustice, is discovered in his dealings with any cla.s.s of men to whom he can easily be unjust. And he who in regard to the natures and actions of his slaves is undefiled by impiety and injustice, will best sow the seeds of virtue in them; and this may be truly said of every master, and tyrant, and of every other having authority in relation to his inferiors. Slaves ought to be punished as they deserve, and not admonished as if they were freemen, which will only make them conceited. The language used to a servant ought always to be that of a command (compare Arist. Pol.), and we ought not to jest with them, whether they are males or females-this is a foolish way which many people have of setting up their slaves, and making the life of servitude more disagreeable both for them and for their masters.

CLEINIAS: True.

ATHENIAN: Now that each of the citizens is provided, as far as possible, with a sufficient number of suitable slaves who can help him in what he has to do, we may next proceed to describe their dwellings.

CLEINIAS: Very good.

ATHENIAN: The city being new and hitherto uninhabited, care ought to be taken of all the buildings, and the manner of building each of them, and also of the temples and walls. These, Cleinias, were matters which properly came before the marriages;-but, as we are only talking, there is no objection to changing the order. If, however, our plan of legislation is ever to take effect, then the house shall precede the marriage if G.o.d so will, and afterwards we will come to the regulations about marriage; but at present we are only describing these matters in a general outline.

CLEINIAS: Quite true.

ATHENIAN: The temples are to be placed all round the agora, and the whole city built on the heights in a circle (compare Arist. Pol.), for the sake of defence and for the sake of purity. Near the temples are to be placed buildings for the magistrates and the courts of law; in these plaintiff and defendant will receive their due, and the places will be regarded as most holy, partly because they have to do with holy things: and partly because they are the dwelling-places of holy G.o.ds: and in them will be held the courts in which cases of homicide and other trials of capital offences may fitly take place. As to the walls, Megillus, I agree with Sparta in thinking that they should be allowed to sleep in the earth, and that we should not attempt to disinter them (compare Arist. Pol.); there is a poetical saying, which is finely expressed, that 'walls ought to be of steel and iron, and not of earth;' besides, how ridiculous of us to be sending out our young men annually into the country to dig and to trench, and to keep off the enemy by fortifications, under the idea that they are not to be allowed to set foot in our territory, and then, that we should surround ourselves with a wall, which, in the first place, is by no means conducive to the health of cities, and is also apt to produce a certain effeminacy in the minds of the inhabitants, inviting men to run thither instead of repelling their enemies, and leading them to imagine that their safety is due not to their keeping guard day and night, but that when they are protected by walls and gates, then they may sleep in safety; as if they were not meant to labour, and did not know that true repose comes from labour, and that disgraceful indolence and a careless temper of mind is only the renewal of trouble. But if men must have walls, the private houses ought to be so arranged from the first that the whole city may be one wall, having all the houses capable of defence by reason of their uniformity and equality towards the streets (compare Arist. Pol.). The form of the city being that of a single dwelling will have an agreeable aspect, and being easily guarded will be infinitely better for security. Until the original building is completed, these should be the princ.i.p.al objects of the inhabitants; and the wardens of the city should superintend the work, and should impose a fine on him who is negligent; and in all that relates to the city they should have a care of cleanliness, and not allow a private person to encroach upon any public property either by buildings or excavations. Further, they ought to take care that the rains from heaven flow off easily, and of any other matters which may have to be administered either within or without the city. The guardians of the law shall pa.s.s any further enactments which their experience may show to be necessary, and supply any other points in which the law may be deficient. And now that these matters, and the buildings about the agora, and the gymnasia, and places of instruction, and theatres, are all ready and waiting for scholars and spectators, let us proceed to the subjects which follow marriage in the order of legislation.

CLEINIAS: By all means.

ATHENIAN: a.s.suming that marriages exist already, Cleinias, the mode of life during the year after marriage, before children are born, will follow next in order. In what way bride and bridegroom ought to live in a city which is to be superior to other cities, is a matter not at all easy for us to determine. There have been many difficulties already, but this will be the greatest of them, and the most disagreeable to the many. Still I cannot but say what appears to me to be right and true, Cleinias.

CLEINIAS: Certainly.

ATHENIAN: He who imagines that he can give laws for the public conduct of states, while he leaves the private life of citizens wholly to take care of itself; who thinks that individuals may pa.s.s the day as they please, and that there is no necessity of order in all things; he, I say, who gives up the control of their private lives, and supposes that they will conform to law in their common and public life, is making a great mistake. Why have I made this remark? Why, because I am going to enact that the bridegrooms should live at the common tables, just as they did before marriage. This was a singularity when first enacted by the legislator in your parts of the world, Megillus and Cleinias, as I should suppose, on the occasion of some war or other similar danger, which caused the pa.s.sing of the law, and which would be likely to occur in thinly-peopled places, and in times of pressure. But when men had once tried and been accustomed to a common table, experience showed that the inst.i.tution greatly conduced to security; and in some such manner the custom of having common tables arose among you.

CLEINIAS: Likely enough.

ATHENIAN: I said that there may have been singularity and danger in imposing such a custom at first, but that now there is not the same difficulty. There is, however, another inst.i.tution which is the natural sequel to this, and would be excellent, if it existed anywhere, but at present it does not. The inst.i.tution of which I am about to speak is not easily described or executed; and would be like the legislator 'combing wool into the fire,' as people say, or performing any other impossible and useless feat.

CLEINIAS: What is the cause, Stranger, of this extreme hesitation?

ATHENIAN: You shall hear without any fruitless loss of time. That which has law and order in a state is the cause of every good, but that which is disordered or ill-ordered is often the ruin of that which is well-ordered; and at this point the argument is now waiting. For with you, Cleinias and Megillus, the common tables of men are, as I said, a heaven-born and admirable inst.i.tution, but you are mistaken in leaving the women unregulated by law. They have no similar inst.i.tution of public tables in the light of day, and just that part of the human race which is by nature p.r.o.ne to secrecy and stealth on account of their weakness-I mean the female s.e.x-has been left without regulation by the legislator, which is a great mistake. And, in consequence of this neglect, many things have grown lax among you, which might have been far better, if they had been only regulated by law; for the neglect of regulations about women may not only be regarded as a neglect of half the entire matter (Arist. Pol.), but in proportion as woman's nature is inferior to that of men in capacity for virtue, in that degree the consequence of such neglect is more than twice as important. The careful consideration of this matter, and the arranging and ordering on a common principle of all our inst.i.tutions relating both to men and women, greatly conduces to the happiness of the state. But at present, such is the unfortunate condition of mankind, that no man of sense will even venture to speak of common tables in places and cities in which they have never been established at all; and how can any one avoid being utterly ridiculous, who attempts to compel women to show in public how much they eat and drink? There is nothing at which the s.e.x is more likely to take offence. For women are accustomed to creep into dark places, and when dragged out into the light they will exert their utmost powers of resistance, and be far too much for the legislator. And therefore, as I said before, in most places they will not endure to have the truth spoken without raising a tremendous outcry, but in this state perhaps they may. And if we may a.s.sume that our whole discussion about the state has not been mere idle talk, I should like to prove to you, if you will consent to listen, that this inst.i.tution is good and proper; but if you had rather not, I will refrain.

CLEINIAS: There is nothing which we should both of us like better, Stranger, than to hear what you have to say.

ATHENIAN: Very good; and you must not be surprised if I go back a little, for we have plenty of leisure, and there is nothing to prevent us from considering in every point of view the subject of law.

CLEINIAS: True.

ATHENIAN: Then let us return once more to what we were saying at first. Every man should understand that the human race either had no beginning at all, and will never have an end, but always will be and has been; or that it began an immense while ago.

CLEINIAS: Certainly.

ATHENIAN: Well, and have there not been const.i.tutions and destructions of states, and all sorts of pursuits both orderly and disorderly, and diverse desires of meats and drinks always, and in all the world, and all sorts of changes of the seasons in which animals may be expected to have undergone innumerable transformations of themselves?

CLEINIAS: No doubt.

ATHENIAN: And may we not suppose that vines appeared, which had previously no existence, and also olives, and the gifts of Demeter and her daughter, of which one Triptolemus was the minister, and that, before these existed, animals took to devouring each other as they do still?

CLEINIAS: True.

ATHENIAN: Again, the practice of men sacrificing one another still exists among many nations; while, on the other hand, we hear of other human beings who did not even venture to taste the flesh of a cow and had no animal sacrifices, but only cakes and fruits dipped in honey, and similar pure offerings, but no flesh of animals; from these they abstained under the idea that they ought not to eat them, and might not stain the altars of the G.o.ds with blood. For in those days men are said to have lived a sort of Orphic life, having the use of all lifeless things, but abstaining from all living things.

CLEINIAS: Such has been the constant tradition, and is very likely true.

ATHENIAN: Some one might say to us, What is the drift of all this?

CLEINIAS: A very pertinent question, Stranger.

ATHENIAN: And therefore I will endeavour, Cleinias, if I can, to draw the natural inference.

CLEINIAS: Proceed.

ATHENIAN: I see that among men all things depend upon three wants and desires, of which the end is virtue, if they are rightly led by them, or the opposite if wrongly. Now these are eating and drinking, which begin at birth-every animal has a natural desire for them, and is violently excited, and rebels against him who says that he must not satisfy all his pleasures and appet.i.tes, and get rid of all the corresponding pains-and the third and greatest and sharpest want and desire breaks out last, and is the fire of s.e.xual l.u.s.t, which kindles in men every species of wantonness and madness. And these three disorders we must endeavour to master by the three great principles of fear and law and right reason; turning them away from that which is called pleasantest to the best, using the Muses and the G.o.ds who preside over contests to extinguish their increase and influx.

But to return:-After marriage let us speak of the birth of children, and after their birth of their nurture and education. In the course of discussion the several laws will be perfected, and we shall at last arrive at the common tables. Whether such a.s.sociations are to be confined to men, or extended to women also, we shall see better when we approach and take a nearer view of them; and we may then determine what previous inst.i.tutions are required and will have to precede them. As I said before, we shall see them more in detail, and shall be better able to lay down the laws which are proper or suited to them.

CLEINIAS: Very true.

ATHENIAN: Let us keep in mind the words which have now been spoken; for hereafter there may be need of them.

CLEINIAS: What do you bid us keep in mind?

ATHENIAN: That which we comprehended under the three words-first, eating, secondly, drinking, thirdly, the excitement of love.

CLEINIAS: We shall be sure to remember, Stranger.

ATHENIAN: Very good. Then let us now proceed to marriage, and teach persons in what way they shall beget children, threatening them, if they disobey, with the terrors of the law.

CLEINIAS: What do you mean?

ATHENIAN: The bride and bridegroom should consider that they are to produce for the state the best and fairest specimens of children which they can. Now all men who are a.s.sociated in any action always succeed when they attend and give their mind to what they are doing, but when they do not give their mind or have no mind, they fail; wherefore let the bridegroom give his mind to the bride and to the begetting of children, and the bride in like manner give her mind to the bridegroom, and particularly at the time when their children are not yet born. And let the women whom we have chosen be the overseers of such matters, and let them in whatever number, large or small, and at whatever time the magistrates may command, a.s.semble every day in the temple of Eileithyia during a third part of the day, and being there a.s.sembled, let them inform one another of any one whom they see, whether man or woman, of those who are begetting children, disregarding the ordinances given at the time when the nuptial sacrifices and ceremonies were performed. Let the begetting of children and the supervision of those who are begetting them continue ten years and no longer, during the time when marriage is fruitful. But if any continue without children up to this time, let them take counsel with their kindred and with the women holding the office of overseer and be divorced for their mutual benefit. If, however, any dispute arises about what is proper and for the interest of either party, they shall choose ten of the guardians of the law and abide by their permission and appointment. The women who preside over these matters shall enter into the houses of the young, and partly by admonitions and partly by threats make them give over their folly and error: if they persist, let the women go and tell the guardians of the law, and the guardians shall prevent them. But if they too cannot prevent them, they shall bring the matter before the people; and let them write up their names and make oath that they cannot reform such and such an one; and let him who is thus written up, if he cannot in a court of law convict those who have inscribed his name, be deprived of the privileges of a citizen in the following respects:-let him not go to weddings nor to the thanksgivings after the birth of children; and if he go, let any one who pleases strike him with impunity; and let the same regulations hold about women: let not a woman be allowed to appear abroad, or receive honour, or go to nuptial and birthday festivals, if she in like manner be written up as acting disorderly and cannot obtain a verdict. And if, when they themselves have done begetting children according to the law, a man or woman have connexion with another man or woman who are still begetting children, let the same penalties be inflicted upon them as upon those who are still having a family; and when the time for procreation has pa.s.sed let the man or woman who refrains in such matters be held in esteem, and let those who do not refrain be held in the contrary of esteem-that is to say, disesteem. Now, if the greater part of mankind behave modestly, the enactments of law may be left to slumber; but, if they are disorderly, the enactments having been pa.s.sed, let them be carried into execution. To every man the first year is the beginning of life, and the time of birth ought to be written down in the temples of their fathers as the beginning of existence to every child, whether boy or girl. Let every phratria have inscribed on a whited wall the names of the successive archons by whom the years are reckoned. And near to them let the living members of the phratria be inscribed, and when they depart life let them be erased. The limit of marriageable ages for a woman shall be from sixteen to twenty years at the longest,-for a man, from thirty to thirty-five years; and let a woman hold office at forty, and a man at thirty years. Let a man go out to war from twenty to sixty years, and for a woman, if there appear any need to make use of her in military service, let the time of service be after she shall have brought forth children up to fifty years of age; and let regard be had to what is possible and suitable to each.

BOOK VII.

And now, a.s.suming children of both s.e.xes to have been born, it will be proper for us to consider, in the next place, their nurture and education; this cannot be left altogether unnoticed, and yet may be thought a subject fitted rather for precept and admonition than for law. In private life there are many little things, not always apparent, arising out of the pleasures and pains and desires of individuals, which run counter to the intention of the legislator, and make the characters of the citizens various and dissimilar:-this is an evil in states; for by reason of their smallness and frequent occurrence, there would be an unseemliness and want of propriety in making them penal by law; and if made penal, they are the destruction of the written law because mankind get the habit of frequently transgressing the law in small matters. The result is that you cannot legislate about them, and still less can you be silent. I speak somewhat darkly, but I shall endeavour also to bring my wares into the light of day, for I acknowledge that at present there is a want of clearness in what I am saying.

CLEINIAS: Very true.

ATHENIAN. Am I not right in maintaining that a good education is that which tends most to the improvement of mind and body?

CLEINIAS: Undoubtedly.

ATHENIAN: And nothing can be plainer than that the fairest bodies are those which grow up from infancy in the best and straightest manner?

CLEINIAS: Certainly.

ATHENIAN: And do we not further observe that the first shoot of every living thing is by far the greatest and fullest? Many will even contend that a man at twenty-five does not reach twice the height which he attained at five.

CLEINIAS: True.

ATHENIAN: Well, and is not rapid growth without proper and abundant exercise the source endless evils in the body?

CLEINIAS: Yes.

ATHENIAN: And the body should have the most exercise when it receives most nourishment?

CLEINIAS: But, Stranger, are we to impose this great amount of exercise upon newly-born infants?

ATHENIAN: Nay, rather on the bodies of infants still unborn.

CLEINIAS: What do you mean, my good sir? In the process of gestation?

ATHENIAN: Exactly. I am not at all surprised that you have never heard of this very peculiar sort of gymnastic applied to such little creatures, which, although strange, I will endeavour to explain to you.

CLEINIAS: By all means.

ATHENIAN: The practice is more easy for us to understand than for you, by reason of certain amus.e.m.e.nts which are carried to excess by us at Athens. Not only boys, but often older persons, are in the habit of keeping quails and c.o.c.ks (compare Republic), which they train to fight one another. And they are far from thinking that the contests in which they stir them up to fight with one another are sufficient exercise; for, in addition to this, they carry them about tucked beneath their armpits, holding the smaller birds in their hands, the larger under their arms, and go for a walk of a great many miles for the sake of health, that is to say, not their own health, but the health of the birds; whereby they prove to any intelligent person, that all bodies are benefited by shakings and movements, when they are moved without weariness, whether the motion proceeds from themselves, or is caused by a swing, or at sea, or on horseback, or by other bodies in whatever way moving, and that thus gaining the mastery over food and drink, they are able to impart beauty and health and strength. But admitting all this, what follows? Shall we make a ridiculous law that the pregnant woman shall walk about and fas.h.i.+on the embryo within as we fas.h.i.+on wax before it hardens, and after birth swathe the infant for two years? Suppose that we compel nurses, under penalty of a legal fine, to be always carrying the children somewhere or other, either to the temples, or into the country, or to their relations' houses, until they are well able to stand, and to take care that their limbs are not distorted by leaning on them when they are too young (compare Arist. Pol.),-they should continue to carry them until the infant has completed its third year; the nurses should be strong, and there should be more than one of them. Shall these be our rules, and shall we impose a penalty for the neglect of them? No, no; the penalty of which we were speaking will fall upon our own heads more than enough.

CLEINIAS: What penalty?

ATHENIAN: Ridicule, and the difficulty of getting the feminine and servant-like dispositions of the nurses to comply.

CLEINIAS: Then why was there any need to speak of the matter at all?

ATHENIAN: The reason is, that masters and freemen in states, when they hear of it, are very likely to arrive at a true conviction that without due regulation of private life in cities, stability in the laying down of laws is hardly to be expected (compare Republic); and he who makes this reflection may himself adopt the laws just now mentioned, and, adopting them, may order his house and state well and be happy.

CLEINIAS: Likely enough.

ATHENIAN: And therefore let us proceed with our legislation until we have determined the exercises which are suited to the souls of young children, in the same manner in which we have begun to go through the rules relating to their bodies.

CLEINIAS: By all means.

ATHENIAN: Let us a.s.sume, then, as a first principle in relation both to the body and soul of very young creatures, that nursing and moving about by day and night is good for them all, and that the younger they are, the more they will need it (compare Arist. Pol.); infants should live, if that were possible, as if they were always rocking at sea. This is the lesson which we may gather from the experience of nurses, and likewise from the use of the remedy of motion in the rites of the Corybantes; for when mothers want their restless children to go to sleep they do not employ rest, but, on the contrary, motion-rocking them in their arms; nor do they give them silence, but they sing to them and lap them in sweet strains; and the Bacchic women are cured of their frenzy in the same manner by the use of the dance and of music.

CLEINIAS: Well, Stranger, and what is the reason of this?

ATHENIAN: The reason is obvious.

CLEINIAS: What?

ATHENIAN: The affection both of the Bacchantes and of the children is an emotion of fear, which springs out of an evil habit of the soul. And when some one applies external agitation to affections of this sort, the motion coming from without gets the better of the terrible and violent internal one, and produces a peace and calm in the soul, and quiets the restless palpitation of the heart, which is a thing much to be desired, sending the children to sleep, and making the Bacchantes, although they remain awake, to dance to the pipe with the help of the G.o.ds to whom they offer acceptable sacrifices, and producing in them a sound mind, which takes the place of their frenzy. And, to express what I mean in a word, there is a good deal to be said in favour of this treatment.

CLEINIAS: Certainly.

ATHENIAN: But if fear has such a power we ought to infer from these facts, that every soul which from youth upward has been familiar with fears, will be made more liable to fear (compare Republic), and every one will allow that this is the way to form a habit of cowardice and not of courage.

CLEINIAS: No doubt.

ATHENIAN: And, on the other hand, the habit of overcoming, from our youth upwards, the fears and terrors which beset us, may be said to be an exercise of courage.

CLEINIAS: True.

ATHENIAN: And we may say that the use of exercise and motion in the earliest years of life greatly contributes to create a part of virtue in the soul.

CLEINIAS: Quite true.

ATHENIAN: Further, a cheerful temper, or the reverse, may be regarded as having much to do with high spirit on the one hand, or with cowardice on the other.

CLEINIAS: To be sure.

ATHENIAN: Then now we must endeavour to show how and to what extent we may, if we please, without difficulty implant either character in the young.

CLEINIAS: Certainly.

ATHENIAN: There is a common opinion, that luxury makes the disposition of youth discontented and irascible and vehemently excited by trifles; that on the other hand excessive and savage servitude makes men mean and abject, and haters of their kind, and therefore makes them undesirable a.s.sociates.

CLEINIAS: But how must the state educate those who do not as yet understand the language of the country, and are therefore incapable of appreciating any sort of instruction?

ATHENIAN: I will tell you how:-Every animal that is born is wont to utter some cry, and this is especially the case with man, and he is also affected with the inclination to weep more than any other animal.

CLEINIAS: Quite true.

ATHENIAN: Do not nurses, when they want to know what an infant desires, judge by these signs?-when anything is brought to the infant and he is silent, then he is supposed to be pleased, but, when he weeps and cries out, then he is not pleased. For tears and cries are the inauspicious signs by which children show what they love and hate. Now the time which is thus spent is no less than three years, and is a very considerable portion of life to be pa.s.sed ill or well.

CLEINIAS: True.

ATHENIAN: Does not the discontented and ungracious nature appear to you to be full of lamentations and sorrows more than a good man ought to be?

CLEINIAS: Certainly.

ATHENIAN: Well, but if during these three years every possible care were taken that our nursling should have as little of sorrow and fear, and in general of pain as was possible, might we not expect in early childhood to make his soul more gentle and cheerful? (Compare Arist. Pol.) CLEINIAS: To be sure, Stranger-more especially if we could procure him a variety of pleasures.

ATHENIAN: There I can no longer agree, Cleinias: you amaze me. To bring him up in such a way would be his utter ruin; for the beginning is always the most critical part of education. Let us see whether I am right.

CLEINIAS: Proceed.

ATHENIAN: The point about which you and I differ is of great importance, and I hope that you, Megillus, will help to decide between us. For I maintain that the true life should neither seek for pleasures, nor, on the other hand, entirely avoid pains, but should embrace the middle state (compare Republic), which I just spoke of as gentle and benign, and is a state which we by some divine presage and inspiration rightly ascribe to G.o.d. Now, I say, he among men, too, who would be divine ought to pursue after this mean habit-he should not rush headlong into pleasures, for he will not be free from pains; nor should we allow any one, young or old, male or female, to be thus given any more than ourselves, and least of all the newly-born infant, for in infancy more than at any other time the character is engrained by habit. Nay, more, if I were not afraid of appearing to be ridiculous, I would say that a woman during her year of pregnancy should of all women be most carefully tended, and kept from violent or excessive pleasures and pains, and should at that time cultivate gentleness and benevolence and kindness.

CLEINIAS: You need not ask Megillus, Stranger, which of us has most truly spoken; for I myself agree that all men ought to avoid the life of unmingled pain or pleasure, and pursue always a middle course. And having spoken well, may I add that you have been well answered?