Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
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Of course.
AthenianDoes not the starting-point of generation in all States lie in the union and partnership of marriage? note.
CliniasCertainly.
AthenianSo it seems that, if the marriage laws were the first to be enacted, that would be the right course in every State.
CliniasMost assuredly.
AthenianLet us state the law in its simple form first: how will it run? Probably like this:—“A man shall marry when he is thirty years old
721band under five and thirty; note if he fails to do so, he shall be punished both by a fine in money and by degradation, the fine being of such and such an amount, and the degradation of such and such a kind.” Such shall be the simple form of marriage law. The double form shall be this,—“A man shall marry when he is thirty years old and under thirty-five, bearing in mind that this is the way by which the human race, by nature's ordinance, shares in immortality, a thing for which nature has implanted in everyone a keen desire. 721cThe desire to win glory, instead of lying in a nameless grave, aims at a like object. Thus mankind is by nature coeval with the whole of time, in that it accompanies it continually both now and in the future; and the means by which it is immortal is this:—by leaving behind it children's children and continuing ever one and the same, it thus by reproduction shares in immortality. That a man should deprive himself thereof voluntarily is never an act of holiness; and he who denies himself wife and children is guilty of such intentional deprivation. 721dHe who obeys the law may be dismissed without penalty, but he that disobeys and does not marry when thirty-five years old shall pay a yearly fine of such and such an amount,—lest he imagine that single life brings him gain and ease,—and he shall have no share in the honors which are paid from time to time by the younger men in the State to their seniors.” When one hears and compares this law with the former one, 721eit is possible to judge in each particular case whether the laws ought to be at least double in length, through combining threats with persuasion, or only single in length, through employing threats alone.MegillusOur Laconian way, Stranger, is to prefer brevity always. But were I bidden to choose which of these two statutes I should desire to have enacted in writing in my State, I should choose the longer;
722aand what is more, I should make the same choice in the case of every law in which, as in the example before us, these two alternatives were offered. It is necessary, however, that the laws we are now enacting should have the approval of our friend Clinias also; for it is his State which is now proposing to make use of such things.CliniasI highly approve of all you have said, Megillus.
AthenianStill, it is extremely foolish to argue about the length or brevity of writings, for what we should value, I suppose, is not their extreme brevity or prolixity,
722bbut their excellence; and in the case of the laws mentioned just now, not only does the one form possess double the value of the other in respect of practical excellence, but the example of the two kinds of doctors, recently mentioned, note presents a very exact analogy. But as regards this, it appears that no legislator has ever yet observed that, while it is in their power to make use in their law-making of two methods,—namely, persuasion and force,—in so far as that is feasible in dealing with the uncultured populace, they actually employ one method only: in their legislation they do not temper compulsion 722cwith persuasion, but use untempered force alone. And I, my dear sirs, perceive still a third requisite which ought to be found in laws, but which is nowhere to be found at present.CliniasWhat is it you allude to?
AthenianA matter which, by a kind of divine direction, has sprung out of the subjects we have now been discussing. It was little more than dawn when we began talking about laws, and now it is high noon, and here we are in this entrancing resting-place; all the time we have been talking of nothing but laws,
722dyet it is only recently that we have begun, as it seems, to utter laws, and what went before was all simply preludes to laws. What is my object in saying this? It is to explain that all utterances and vocal expressions have preludes and tunings-up (as one might call them), which provide a kind of artistic preparation which assists towards the further development of the subject. Indeed, we have examples before us of preludes, admirably elaborated, 722ein those prefixed to that class of lyric ode called the “nome,” note and to musical compositions of every description. But for the “nomes” (i.e. laws) which are real nomes—and which we designate “political”—no one has ever yet uttered a prelude, or composed or published one, just as though there were no such thing. But our present conversation proves, in my opinion, that there is such a thing; and it struck me just now that the laws we were then stating are something more than simply double, and consist of these two things combined—law, and prelude to law. The part which we called the “despotic prescription”—Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
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