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Laws. Платон
Читать онлайн.Название Laws
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Автор произведения Платон
Жанр Философия
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But to judge of this matter truly, we must understand the nature of love and friendship, which may take very different forms. For we speak of friendship, first, when there is some similarity or equality of virtue; secondly, when there is some want; and either of these, when in excess, is termed love. The first kind is gentle and sociable; the second is fierce and unmanageable; and there is also a third kind, which is akin to both, and is under the dominion of opposite principles. The one is of the body, and has no regard for the character of the beloved; but he who is under the influence of the other disregards the body, and is a looker rather than a lover, and desires only with his soul to be knit to the soul of his friend; while the intermediate sort is both of the body and of the soul. Here are three kinds of love: ought the legislator to prohibit all of them equally, or to allow the virtuous love to remain? 'The latter, clearly.' I expected to gain your approval; but I will reserve the task of convincing our friend Cleinias for another occasion. 'Very good.' To make right laws on this subject is in one point of view easy, and in another most difficult; for we know that in some cases most men abstain willingly from intercourse with the fair. The unwritten law which prohibits members of the same family from such intercourse is strictly obeyed, and no thought of anything else ever enters into the minds of men in general. A little word puts out the fire of their lusts. 'What is it?' The declaration that such things are hateful to the Gods, and most abominable and unholy. The reason is that everywhere, in jest and earnest alike, this is the doctrine which is repeated to all from their earliest youth. They see on the stage that an Oedipus or a Thyestes or a Macareus, when undeceived, are ready to kill themselves. There is an undoubted power in public opinion when no breath is heard adverse to the law; and the legislator who would enslave these enslaving passions must consecrate such a public opinion all through the city. 'Good: but how can you create it?' A fair objection; but I promised to try and find some means of restraining loves to their natural objects. A law which would extirpate unnatural love as effectually as incest is at present extirpated, would be the source of innumerable blessings, because it would be in accordance with nature, and would get rid of excess in eating and drinking and of adulteries and frenzies, making men love their wives, and having other excellent effects. I can imagine that some lusty youth overhears what we are saying, and roars out in abusive terms that we are legislating for impossibilities. And so a person might have said of the syssitia, or common meals; but this is refuted by facts, although even now they are not extended to women. 'True.' There is no impossibility or super-humanity in my proposed law, as I shall endeavour to prove. 'Do so.' Will not a man find abstinence more easy when his body is sound than when he is in ill-condition? 'Yes.' Have we not heard of Iccus of Tarentum and other wrestlers who abstained wholly for a time? Yet they were infinitely worse educated than our citizens, and far more lusty in their bodies. And shall they have abstained for the sake of an athletic contest, and our citizens be incapable of a similar endurance for the sake of a much nobler victory, – the victory over pleasure, which is true happiness? Will not the fear of impiety enable them to conquer that which many who were inferior to them have conquered? 'I dare say.' And therefore the law must plainly declare that our citizens should not fall below the other animals, who live all together in flocks, and yet remain pure and chaste until the time of procreation comes, when they pair, and are ever after faithful to their compact. But if the corruption of public opinion is too great to allow our first law to be carried out, then our guardians of the law must turn legislators, and try their hand at a second law. They must minimize the appetites, diverting the vigour of youth into other channels, allowing the practice of love in secret, but making detection shameful. Three higher principles may be brought to bear on all these corrupt natures. 'What are they?' Religion, honour, and the love of the higher qualities of the soul. Perhaps this is a dream only, yet it is the best of dreams; and if not the whole, still, by the grace of God, a part of what we desire may be realized. Either men may learn to abstain wholly from any loves, natural or unnatural, except of their wedded wives; or, at least, they may give up unnatural loves; or, if detected, they shall be punished with loss of citizenship, as aliens from the state in their morals. 'I entirely agree with you,' said Megillus, 'but Cleinias must speak for himself.' 'I will give my opinion by-and-by.'
We were speaking of the syssitia, which will be a natural institution in a Cretan colony. Whether they shall be established after the model of Crete or Lacedaemon, or shall be different from either, is an unimportant question which may be determined without difficulty. We may, therefore, proceed to speak of the mode of life among our citizens, which will be far less complex than in other cities; a state which is inland and not maritime requires only half the number of laws. There is no trouble about trade and commerce, and a thousand other things. The legislator has only to regulate the affairs of husbandmen and shepherds, which will be easily arranged, now that the principal questions, such as marriage, education, and government, have been settled.
Let us begin with husbandry: First, let there be a law of Zeus against removing a neighbour's landmark, whether he be a citizen or stranger. For this is 'to move the immoveable'; and Zeus, the God of kindred, witnesses to the wrongs of citizens, and Zeus, the God of strangers, to the wrongs of strangers. The offence of removing a boundary shall receive two punishments – the first will be inflicted by the God himself; the second by the judges. In the next place, the differences between neighbours about encroachments must be guarded against. He who encroaches shall pay twofold the amount of the injury; of all such matters the wardens of the country shall be the judges, in lesser cases the officers, and in greater the whole number of them belonging to any one division. Any injury done by cattle, the decoying of bees, the careless firing of woods, the planting unduly near a neighbour's ground, shall all be visited with proper damages. Such details have been determined by previous legislators, and need not now be mixed up with greater matters. Husbandmen have had of old excellent rules about streams and waters; and we need not 'divert their course.' Anybody may take water from a common stream, if he does not thereby cut off a private spring; he may lead the water in any direction, except through a house or temple, but he must do no harm beyond the channel. If land is without water the occupier shall dig down to the clay, and if at this depth he find no water, he shall have a right of getting water from his neighbours for his household; and if their supply is limited, he shall receive from them a measure of water fixed by the wardens of the country. If there be heavy rains, the dweller on the higher ground must not recklessly suffer the water to flow down upon a neighbour beneath him, nor must he who lives upon lower ground or dwells in an adjoining house refuse an outlet. If the two parties cannot agree, they shall go before the wardens of the city or country, and if a man refuse to abide by their decision, he shall pay double the damage which he has caused.
In autumn God gives us two boons – one the joy of Dionysus not to be laid up – the other to be laid up. About the fruits of autumn let the law be as follows: He who gathers the storing fruits of autumn, whether grapes or figs, before the time of the vintage, which is the rising of Arcturus, shall pay fifty drachmas as a fine to Dionysus, if he gathers on his own ground; if on his neighbour's ground, a mina, and two-thirds of a mina if on that of any one else. The grapes or figs not used for storing