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Laws. Платон
Читать онлайн.Название Laws
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Автор произведения Платон
Жанр Философия
Издательство Public Domain
As the whole people are injured by offences against the state, they should share in the trial of them. Such causes should originate with the people and be decided by them: the enquiry shall take place before any three of the highest magistrates upon whom the defendant and plaintiff can agree. Also in private suits all should judge as far as possible, and therefore there should be a court of law in every ward; for he who has no share in the administration of justice, believes that he has no share in the state. The judges in these courts shall be elected by lot and give their decision at once. The final judgment in all cases shall rest with the court of appeal. And so, having done with the appointment of courts and the election of officers, we will now make our laws.
'Your way of proceeding, Stranger, is admirable.'
Then so far our old man's game of play has gone off well.
'Say, rather, our serious and noble pursuit.'
Perhaps; but let me ask you whether you have ever observed the manner in which painters put in and rub out colour: yet their endless labour will last but a short time, unless they leave behind them some successor who will restore the picture and remove its defects. 'Certainly.' And have we not a similar object at the present moment? We are old ourselves, and therefore we must leave our work of legislation to be improved and perfected by the next generation; not only making laws for our guardians, but making them lawgivers. 'We must at least do our best.' Let us address them as follows. Beloved saviours of the laws, we give you an outline of legislation which you must fill up, according to a rule which we will prescribe for you. Megillus and Cleinias and I are agreed, and we hope that you will agree with us in thinking, that the whole energies of a man should be devoted to the attainment of manly virtue, whether this is to be gained by study, or habit, or desire, or opinion. And rather than accept institutions which tend to degrade and enslave him, he should fly his country and endure any hardship. These are our principles, and we would ask you to judge of our laws, and praise or blame them, accordingly as they are or are not capable of improving our citizens.
And first of laws concerning religion. We have already said that the number 5040 has many convenient divisions: and we took a twelfth part of this (420), which is itself divisible by twelve, for the number of the tribe. Every divisor is a gift of God, and corresponds to the months of the year and to the revolution of the universe. All cities have a number, but none is more fortunate than our own, which can be divided by all numbers up to 12, with the exception of 11, and even by 11, if two families are deducted. And now let us divide the state, assigning to each division some God or demigod, who shall have altars raised to them, and sacrifices offered twice a month; and assemblies shall be held in their honour, twelve for the tribes, and twelve for the city, corresponding to their divisions. The object of them will be first to promote religion, secondly to encourage friendship and intercourse between families; for families must be acquainted before they marry into one another, or great mistakes will occur. At these festivals there shall be innocent dances of young men and maidens, who may have the opportunity of seeing one another in modest undress. To the details of all this the masters of choruses and the guardians will attend, embodying in laws the results of their experience; and, after ten years, making the laws permanent, with the consent of the legislator, if he be alive, or, if he be not alive, of the guardians of the law, who shall perfect them and settle them once for all. At least, if any further changes are required, the magistrates must take the whole people into counsel, and obtain the sanction of all the oracles.
Whenever any one who is between the ages of twenty-five and thirty-five wants to marry, let him do so; but first let him hear the strain which we will address to him: —
My son, you ought to marry, but not in order to gain wealth or to avoid poverty; neither should you, as men are wont to do, choose a wife who is like yourself in property and character. You ought to consult the interests of the state rather than your own pleasure; for by equal marriages a society becomes unequal. And yet to enact a law that the rich and mighty shall not marry the rich and mighty, that the quick shall be united to the slow, and the slow to the quick, will arouse anger in some persons and laughter in others; for they do not understand that opposite elements ought to be mingled in the state, as wine should be mingled with water. The object at which we aim must therefore be left to the influence of public opinion. And do not forget our former precept, that every one should seek to attain immortality and raise up a fair posterity to serve God. – Let this be the prelude of the law about the duty of marriage. But if a man will not listen, and at thirty-five years of age is still unmarried, he shall pay an annual fine: if he be of the first class, 100 drachmas; if of the second, 70; if of the third, 60; and if of the fourth, 30. This fine shall be sacred to Here; and if he refuse to pay, a tenfold penalty shall be exacted by the treasurer of Here, who shall be responsible for the payment. Further, the unmarried man shall receive no honour or obedience from the young, and he shall not retain the right of punishing others. A man is neither to give nor receive a dowry beyond a certain fixed sum; in our state, for his consolation, if he be poor, let him know that he need neither receive nor give one, for every citizen is provided with the necessaries of life. Again, if the woman is not rich, her husband will not be her humble servant. He who disobeys this law shall pay a fine according to his class, which shall be exacted by the treasurers of Here and Zeus.
The betrothal of the parties shall be made by the next of kin, or if there are none, by the guardians. The offerings and ceremonies of marriage shall be determined by the interpreters of sacred rites. Let the wedding party be moderate; five male and five female friends, and a like number of kinsmen, will be enough. The expense should not exceed, for the first class, a mina; and for the second, half a mina; and should be in like proportion for the other classes. Extravagance is to be regarded as vulgarity and ignorance of nuptial proprieties. Much wine is only to be drunk at the festivals of Dionysus, and certainly not on the occasion of a marriage. The bride and bridegroom, who are taking a great step in life, ought to have all their wits about them; they should be especially careful of the night on which God may give them increase, and which this will be none can say. Their bodies and souls should be in the most temperate condition; they should abstain from all that partakes of the nature of disease or vice, which will otherwise become hereditary. There is an original divinity in man which preserves all things, if used with proper respect. He who marries should make one of the two houses on the lot the nest and nursery of his young; he should leave his father and mother, and then his affection for them will be only increased by absence. He will go forth as to a colony, and will there rear up his offspring, handing on the torch of life to another generation.
About property in general there is little difficulty, with the exception of property in slaves, which is an institution of a very doubtful character. The slavery of the Helots is approved by some and condemned by others; and there is some doubt even about the slavery of the Mariandynians at Heraclea and of the Thessalian Penestae. This makes us ask, What shall we do about slaves? To which every one would agree in replying, – Let us have the best and most attached whom we can get. All of us have heard stories of slaves who have been better to their masters than sons or brethren. Yet there is an opposite doctrine, that slaves are never to be trusted; as Homer says, 'Slavery takes away half a man's understanding.' And different persons treat them in different ways: there are some who never trust them, and beat them like dogs, until they make them many times more slavish than they were before; and others pursue the opposite plan. Man is a troublesome animal, as has been often shown, Megillus, notably in the revolts of the Messenians; and great mischiefs have arisen in countries where there are large bodies of slaves of one nationality. Two rules may be given for their management: first that they should not, if possible, be of the same country or have a common language; and secondly, that they should be treated by their master with more justice even than equals, out of regard to himself quite as much as to them. For he who is righteous in the treatment of his slaves, or of any inferiors, will sow in them the seed of virtue. Masters should never jest with their slaves: this, which is a common but foolish practice, increases the difficulty and painfulness of managing them.
Next as to habitations. These ought to have been spoken of before; for no man can marry a wife, and have slaves, who has not a house for them to live in. Let us supply the omission. The temples should be placed round the Agora, and the city built in a circle on the heights. Near the temples, which