CHAPTER XXXIX.

LEGES AND EPINOMIS.**

Leges, the longest of Plato's works--Persons of the dialogue 272

Abandonment of Plato's philosophical projects prior to the Leges 273

Untoward circumstances of Plato's later life--His altered tone in regard to philosophy _ib._

General comparison of Leges with Plato's earlier works 275

Scene of the Leges, not in Athens, but in Krete. Persons Kretan and Spartan, comparatively illiterate 277

Gymnastic training, military drill, and public mess, in Krete and Sparta 279

Difference between Leges and Republic, illustrated by reference to the Politikus 280

Large proportion of preliminary discussions and didactic exhortation in the Leges 281

Scope of the discussion laid down by the Athenian speaker--The Spartan institutions are framed only for war--This is narrow and erroneous 282

Principles on which the institutions of a state ought to be defended--You must show that its ethical purpose and working is good 284

Religious and ethical character postulated by Plato for a community _ib._

Endurance of pain enforced as a part of the public discipline at Sparta 285

Why are not the citizens tested in like manner, in regard to resistance against the seductions of pleasure? _ib._

Drunkenness forbidden at Sparta, and blamed by the Spartan converser. The Athenian proceeds to inquire how far such unqualified prohibition is justifiable 286

Description of Sokrates in the Symposion--his self-command under abundant potations 287

Sokrates--an ideal of self-command, both as to pain and as to pleasure 288

Trials for testing the self-controul of the citizen, under the influence of wine. Dionysiac banquets, under a sober president 289

The gifts of Dionysus may, by precautions, be rendered useful--Desultory manner of Plato _ib._

Theory of ethical and æsthetical education--Training of the emotions of youth through the influence of the Muses, Apollo, and Dionysus. Choric practice and ceremonies 290

Music and dancing--imitation of the voice and movements of brave and virtuous men. Youth must be taught to take delight in this 291

Bad musical exhibitions and poetry forbidden by the lawgiver. Songs and dances must be consecrated by public authority. Prizes at the musical festivals to be awarded by select judges 292

The Spartan and Kretan agree with the Athenian, that poets must be kept under a strict censorship. But they do not agree as to what the poets are required to conform to _ib._

Ethical creed laid down by the Athenian--Poets required to conform to it 294

The Spartan and Kretan do not agree with him 296

Chorus of Elders are required to set an example in keeping up the purity of the music prescribed 297

The Elders require the stimulus of wine, in order to go through the choric duties with spirit _ib._

Peculiar views of Plato about intoxication 298

General ethical doctrine held by Plato in Leges 299

Pleasure--Good--Happiness--What is the relation between them? _ib._

Comparison of the doctrine laid down in Leges 300

Doctrine in Leges about Pleasure and Good--approximates more nearly to the Protagoras than to Gorgias and Philêbus 301

Comparison of Leges with Republic and Gorgias 302

Plato here mistrusts the goodness of his own proof. He falls back upon useful fiction 303

Deliberate ethical fiction employed as means of governing 304

Importance of music and chorus as an engine of teaching for Plato. Views of Xenophon and Aristotle compared 305

Historical retrospect as to the growth of cities--Frequent destruction of established communities, with only a small remnant left 307

Historical or legendary retrospect--The Trojan war--The return of the Herakleids 308

Difficulties of government--Conflicts about command--Seven distinct titles to command exist among mankind, all equally natural, and liable to conflict 309

Imprudence of founding government upon any one of these titles separately--Governments of Argos and Messênê ruined by the single principle--Sparta avoided it 310

Plato casts Hellenic legend into accordance with his own political theories 311

Persia and Athens compared--Excess of despotism. Excess of liberty 312

Cyrus and Darius--Bad training of sons of kings _ib._

Changes for the worse in government of Athens, after the Persian invasion of Greece 313

This change began in music, and the poets introduced new modes of composition--they appealed to the sentiment of the people, and corrupted them 314

Danger of changes in the national music--declared by Damon, the musical teacher 315

Plato's aversion to the tragic and comic poetry at Athens 316

This aversion peculiar to himself, not shared either by oligarchical politicians, or by other philosophers 317

Doctrines of Plato in this prefatory matter 318

Compared with those of the Republic and of the Xenophontic Cyropædia 319

Constructive scheme--Plato's new point of view 320

New Colony to be founded in Krete--its general conditions _ib._

The Athenian declares that he will not merely promulgate peremptory laws, but will recommend them to the citizens by prologues or hortatory discourses 321

General character of these prologues--didactic or rhetorical homilies 322

Great value set by Plato himself upon these prologues. They are to serve as type for all poets. No one is allowed to contradict them 323

Contrast of Leges with Gorgias and Phædrus 324

Regulations for the new colony--About religious worship, the oracles of Delphi and Dodona are to be consulted 325

Perpetuity of number of citizens, and of lots of land, one to each, inalienable and indivisible 326

Plato reasserts his adherence to the principle of the Republic, though the repugnance of others hinders him from realising it 327

Regulations about land, successions, marriages, &c. The number of citizens must not be allowed to increase 328

Position of the city and akropolis--Distribution of the territory and citizens into twelve equal sections or tribes 329

Movable property--Inequality therein reluctantly allowed, as far as four to one, but no farther 330

Census of the citizens--four classes, with graduated scale of property. No citizen to possess gold or silver. No loans or interest. No debts enforced by law 331

Board of thirty-seven Nomophylakes--general supervisors of the laws and their execution--how elected 332

Military commanders--General council of 360--complicated mode of election _ib._

Character of the electoral scheme--Plato's views about wealth--he caters partly for the oligarchical sentiment, partly for the democratical 333

Meetings of council--other magistrates--Agoranomi--Astynomi, &c. 335

Defence of the territory--rural police--Agronomi, &c. _ib._

Comparison with the Lacedæmonian Kryptia 336

Priests--Exêgêtæ--Property belonging to temples 337

Superintendence of Music and Gymnastic. Educational function _ib._

Grave duties of the Minister of Education--precautions in electing him 338

Judicial duties 339

Private Causes--how tried _ib._

Public Causes must be tried directly by the citizens--strong feeling among Greeks about this 340

Plato's way of meeting this feeling--intermediate inquiry and report by a special Commissioner 340

What laws the magistrates are to enforce--Many details must be left to the Nomophylakes 341

Marriage-Laws--Rich husbands to choose poor wives--No dowries--costly marriage festivals are forbidden 342

Laws about slavery. Slaves to be well fed, and never treated with cruelty or insolence. The master must not converse with them _ib._

Circular form for the city--Temples in the centre--No walls round it 344

Mode of life prescribed to new-married couples They are to take the best care about good procreation for the city _ib._

Board of superintending matrons 345

Age fixed for marriage. During the first ten years the couple are under obligation to procreate for the city--Restrictions during these ten years _ib._

How infants are to be brought up--Nurses--Perpetual regulated movements useful for toning down violent emotions 346

Choric and orchestic movements, their effect in discharging strong emotions 347

Training of boys and girls 348

Musical and literary teaching for youth--Poetry, songs, music, dances, must all be fixed by authority, and never changed--Mischief done by poets aiming to please 349

Boys and girls to learn letters and the lyre, from ten to thirteen years of age. Masters will teach the laws and homilies of the lawgiver, and licensed extracts from the poets 350

The teaching is to be simple, and common to both sexes 351

Rudiments of arithmetic and geometry to be taught 352

Astronomy must be taught, in order that the citizens may not assert libellous falsehoods respecting the heavenly bodies 354

Hunting--how far permitted or advised 355

Large general sense which Plato gives to the word hunting 356

Number of religious sacrifices to be determined by lawgiver 357

Military muster of the whole citizen population once in each month--men, women, and children 358

Gymnastic training must have reference to war, not to athletic prizes 358

Regulation of sexual intercourse. Syssitia or public mess 359

Regulations about landed property--Boundaries--Limited power of fining by magistrates 360

Regulations about artisans--Distribution of the annual landed produce 361

Admission of resident Metics--conditions attached 362

Offences and penal judicature--Procedure of the Dikasts _ib._

Sacrilege, the gravest of all crimes. High Treason 363

Theft punished by _poena dupli_. General exhortation founded by Plato upon this enactment 364

All unjust men are unjust involuntarily.--No such thing as voluntary injustice. Injustice depends upon the temper of the agent--Distinction between damage and injury 365

Damage may be voluntary or involuntary--Injustice is shown often by conferring corrupt profit upon another--Purpose of punishment, to heal the distemper of the criminal _ib._

Three distinct causes of misguided proceedings. 1. Painful stimulus. 2. Pleasurable stimulus. 3. Ignorance 366

The unjust man is under the influence either of the first or second of these causes, without controul of Reason. If he acts under controul of Reason, though the Reason be bad, he is not unjust 367

Reasoning of Plato to save his doctrine--That no man commits injustice voluntarily _ib._

Peculiar definition of injustice. A man may do great voluntary hurt to others, and yet not be unjust, provided he does it under the influence of Reason, and not of Appetite 368

Plato's purpose in the Laws is to prevent or remedy not only injustice but misconduct 369

Varieties of homicide--modes of dealing with them penally 370

Homicide involuntary--Homicide under provocation _ib._

Homicide voluntary 371

Homicide between kinsmen 372

Homicide justifiable--in what cases _ib._

Infliction of wounds _ib._

Infliction of blows 373

Plato has borrowed much from Attic procedure, especially in regard to Homicide--Peculiar view of Homicide at Athens, as to procedure 374

Impiety or outrage offered to divine things or places 375

All impiety arises from one or other of three heresies. 1. No belief in the Gods. 2. Belief that the Gods interfere very little. 3. Belief that they may be appeased by prayer and sacrifice 376

Punishment for these three heretical beliefs, with or without overt act _ib._

Heretic, whose conduct has been virtuous and faultless, to be imprisoned for five years, perhaps more _ib._

Heretic with bad conduct--punishment to be inflicted 377

No private worship or religious rites allowed. Every citizen must worship at the public temples _ib._

Uncertain and mischievous action of the religious sentiment upon individuals, if not controuled by public authority 378

Intolerant spirit of Plato's legislation respecting uniformity of belief 379

The persons denounced by Plato as heretics, and punished as such, would have included a majority of the Grecian world 381

Proëm or prefatory discourse of Plato, for these severe laws against heretics 383

The third variety of heresy is declared to be the worst--the belief in Gods persuadable by prayer and sacrifice 384

Heretics censured by Plato--Sokrates censured before the Athenian Dikasts 385

Kosmological and Kosmogonical theory announced in Leges 386

Soul--older, more powerful in the universe than Body. Different souls are at work in the universe--the good soul and the bad soul _ib._

Plato's argument is unsatisfactory and inconsistent 388

Reverence of Plato for uniform circular rotation 389

Argument of Plato to confute the second class of heretics _ib._

Contrary doctrine of Plato in Republic 390

Argument of Plato to refute the third class of heretics 391

General belief in Greece about the efficacy of prayer and sacrifice to appease the Gods 392

Incongruities of Plato's own doctrine 393

Both Herodotus and Sokrates dissented from Plato's doctrine 394

Great opposition which Plato's doctrine would have encountered in Greece 395

Local infallibility was claimed as a rule in each community, though rarely enforced with severity: Plato both claims it more emphatically, and enforces it more rigorously 396

Farther civil and political regulations for the Magnetic community. No evidence that Plato had studied the working of different institutions in practice 397

Modes of acquiring property--legitimate and illegitimate _ib._

Plato's general regulations leave little room for disputes about ownership 398

Plato's principles of legislation, not consistent--comparison of them with the Attic law about Eranoi 399

Regulations about slaves, and about freedmen 400

Provisions in case a slave is sold, having a distemper upon him 401

Retailers. Strict regulations about them. No citizen can be a retailer _ib._

Frauds committed by sellers--severe punishments on them 402

Comparison with the lighter punishment inflicted by Attic law 403

Regulations about Orphans and Guardians: also about Testamentary powers 404

Plato's general coincidence with Attic law and its sentiment 406

Tutelage of Orphans--Disagreement of Married Couples--Divorce _ib._

Neglect of Parents 407

Poison--Magic--Incantations--Severe punishment _ib._

Punishment is inflicted with a view to future prevention or amendment 408

Penalty for abusive words--for libellous comedy. Mendicity forbidden 409

Regulations about witnesses on judicial trials _ib._

Censure of forensic eloquence, and the teachers of it. Penalties against contentious litigation 410

Many of Plato's laws are discharges of ethical antipathy. The antipathy of Melêtus against Sokrates was of the same character 411

Penalty for abuse of public trust--wrongful appropriation of public money--evasion of military service 412

Oaths. Dikasts, Judges, Electors, are to be sworn: but no parties to a suit, or interested witnesses, can be sworn 413

Regulations about admission of strangers, and foreign travel of citizens 414

Suretyship--Length of prescription for ownership, &c. 415

Judicial trial--three stages. 1. Arbitrators. 2. Tribe-Dikasteries. 3. Select Dikastery _ib._

Funerals--proceedings prescribed--expense limited _ib._

Conservative organ to keep up the original scheme of the lawgiver. Nocturnal Council for this purpose--how constituted _ib._

This Council must keep steadily in view the one great end of the city--Mistakes made by existing cities about the right end 417

The one end of the city is the virtue of its citizens--that property which is common to the four varieties of Virtue--Reason, Courage, Temperance, Justice _ib._

The Nocturnal** Council must comprehend this unity of Virtue, explain it to others, and watch that it be carried out in detail 418

They must also adopt, explain, and enforce upon the citizens, an orthodox religious creed. Fundamental dogmas of such creed 419

Leges close, without describing the education proper for the Nocturnal Counsellors. _Epinomis_ supplying this defect 420

The Athenian declares his plan of education--Arithmetic, Geometry, Astronomy _ib._

Theological view of Astronomy--Divine Kosmos--Soul more ancient and more sovereign than Body 421

Improving effects of the study of Astronomy in this spirit 422

Study of arithmetic and geometry: varieties of proportion 423

When the general forms of things have thus been learnt, particular individuals in nature must be brought under them _ib._

Question as to education of the Nocturnal Council is answered in the Epinomis 424

Problem which the Nocturnal Council are required to solve, What is the common property of Prudence, Courage, Temperance, Justice, by reason of which each is called Virtue? 425

The only common property is that all of them are essential to the maintenance of society, and tend to promote human security and happiness _ib._

Tendency of the four opposite qualities to lessen human happiness 426

A certain measure of all the four virtues is required. In judging of particular acts instigated by each, there is always a tacit reference to the hurt or benefit in the special case _ib._

Plato places these four virtues in the highest scale of Expetenda or Bona, on the ground that all the other Bona are sure to flow from them 428

In thus directing the attention of the Council to the common property of the four virtues, Plato enforces upon them the necessity of looking to the security and happiness of their community as the paramount end 429

But he enjoins also other objectionable ends _ib._

Intolerance of Plato--Comparison of the Platonic community with Athens _ib._

PLATO.