Laws


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He who exchanges money for money, or beast for beast, must warrant either of them to be sound and good. As in the case of other laws, let us have a preamble, relating to all this class of crime. Adulteration is a kind of falsehood about which the many commonly say that at proper times the practice may often be right, but they do not define at what times. But the legislator will tell them, that no man should invoke the Gods when he is practising deceit or fraud, in word or deed. For he is the enemy of heaven, first, who swears falsely, not thinking of the Gods by whom he swears, and secondly, he who lies to his superiors. (Now the superiors are the betters of inferiors,—the elder of the younger, parents of children, men of women, and rulers of subjects.) The trader who cheats in the agora is a liar and is perjured—he respects neither the name of God nor the regulations of the magistrates. If after hearing this he will still be dishonest, let him listen to the law:—The seller shall not have two prices on the same day, neither must he puff his goods, nor offer to swear about them. If he break the law, any citizen not less than thirty years of age may smite him. If he sell adulterated goods, the slave or metic who informs against him shall have the goods; the citizen who brings such a charge, if he prove it, shall offer up the goods in question to the Gods of the agora; or if he fail to prove it, shall be dishonoured. He who is detected in selling adulterated goods shall be deprived of them, and shall receive a stripe for every drachma of their value. The wardens of the agora and the guardians of the law shall take experienced persons into counsel, and draw up regulations for the agora. These shall be inscribed on a column in front of the court of the wardens of the agora.—As to the wardens of the city, enough has been said already. But if any omissions in the law are afterwards discovered, the wardens and the guardians shall supply them, and have them inscribed after the original regulations on a column before the court of the wardens of the city.

Next in order follows the subject of retail trades, which in their natural use are the reverse of mischievous; for every man is a benefactor who reduces what is unequal to symmetry and proportion. Money is the instrument by which this is accomplished, and the shop-keeper, the merchant, and hotel-keeper do but supply the wants and equalize the possessions of mankind. Why, then, does any dishonour attach to a beneficent occupation? Let us consider the nature of the accusation first, and then see whether it can be removed. 'What is your drift?' Dear Cleinias, there are few men who are so gifted by nature, and improved by education, as to be able to control the desire of making money; or who are sober in their wishes and prefer moderation to accumulation. The great majority think that they can never have enough, and the consequence is that retail trade has become a reproach. Whereas, however ludicrous the idea may seem, if noble men and noble women could be induced to open a shop, and to trade upon incorruptible principles, then the aspect of things would change, and retail traders would be regarded as nursing fathers and mothers. In our own day the trader goes and settles in distant places, and receives the weary traveller hospitably at first, but in the end treats him as an enemy and a captive, whom he only liberates for an enormous ransom. This is what has brought retail trade into disrepute, and against this the legislator ought to provide. Men have said of old, that to fight against two opponents is hard; and the two opponents of whom I am thinking are wealth and poverty—the one corrupting men by luxury; the other, through misery, depriving them of the sense of shame. What remedies can a city find for this disease? First, to have as few retail traders as possible; secondly, to give retail trade over to a class whose corruption will not injure the state; and thirdly, to restrain the insolence and meanness of the retailers.

Let us make the following laws:—(1) In the city of the Magnetes none of the 5040 citizens shall be a retailer or merchant, or do any service to any private persons who do not equally serve him, except to his father and mother and their fathers and mothers, and generally to his elders who are freemen, and whom he serves as a freeman. He who follows an illiberal pursuit may be cited for dishonouring his family, and kept in bonds for a year; and if he offend again, he shall be bound for two years; and for every offence his punishment shall be doubled: (2) Every retailer shall be a metic or a foreigner: (3) The guardians of the law shall have a special care of this part of the community, whose calling exposes them to peculiar temptations. They shall consult with persons of experience, and find out what prices will yield the traders a moderate profit, and fix them.

When a man does not fulfil his contract, he being under no legal or other impediment, the case shall be brought before the court of the tribes, if not previously settled by arbitration. The class of artisans is consecrated to Hephaestus and Athene; the makers of weapons to Ares and Athene: all of whom, remembering that the Gods are their ancestors, should be ashamed to deceive in the practice of their craft. If any man is lazy in the fulfilment of his work, and fancies, foolish fellow, that his patron God will not deal hardly with him, he will be punished by the God; and let the law follow:—He who fails in his undertaking shall pay the value, and do the work gratis in a specified time. The contractor, like the seller, is enjoined by law to charge the simple value of his work; in a free city, art should be a true thing, and the artist must not practise on the ignorance of others. On the other hand, he who has ordered any work and does not pay the workman according to agreement, dishonours Zeus and Athene, and breaks the bonds of society. And if he does not pay at the time agreed, let him pay double; and although interest is forbidden in other cases, let the workman receive after the expiration of a year interest at the rate of an obol a month for every drachma (equal to 200 per cent. per ann.). And we may observe by the way, in speaking of craftsmen, that if our military craft do their work well, the state will praise those who honour them, and blame those who do not honour them. Not that the first place of honour is to be assigned to the warrior; a higher still is reserved for those who obey the laws.

Most of the dealings between man and man are now settled, with the exception of such as relate to orphans and guardianships. These lead us to speak of the intentions of the dying, about which we must make regulations. I say 'must'; for mankind cannot be allowed to dispose of their property as they please, in ways at variance with one another and with law and custom. But a dying person is a strange being, and is not easily managed; he wants to be master of all he has, and is apt to use angry words. He will say,—'May I not do what I will with my own, and give much to my friends, and little to my enemies?' 'There is reason in that.' O Cleinias, in my judgment the older lawgivers were too soft-hearted, and wanting in insight into human affairs. They were too ready to listen to the outcry of a dying man, and hence they were induced to give him an absolute power of bequest. But I would say to him:—O creature of a day, you know neither what is yours nor yourself: for you and your property are not your own, but belong to your whole family, past and to come, and property and family alike belong to the State. And therefore I must take out of your hands the charge of what you leave behind you, with a view to the interests of all. And I hope that you will not quarrel with us, now that you are going the way of all mankind; we will do our best for you and yours when you are no longer here. Let this be our address to the living and dying, and let the law be as follows:—The father who has sons shall appoint one of them to be the heir of the lot; and if he has given any other son to be adopted by another, the adoption shall also be recorded; and if he has still a son who has no lot, and has a chance of going to a colony, he may give him what he has more than the lot; or if he has more than one son unprovided for, he may divide the money between them. A son who has a house of his own, and a daughter who is betrothed, are not to share in the bequest of money; and the son or daughter who, having inherited one lot, acquires another, is to bequeath the new inheritance to the next of kin. If a man have only daughters, he may adopt the husband of any one of them; or if he have lost a son, let him make mention of the circumstance in his will and adopt another. If he have no children, he may give away a tenth of his acquired property to whomsoever he likes; but he must adopt an heir to inherit the lot, and may leave the remainder to him. Also he may appoint guardians for his children; or if he die without appointing them or without making a will, the nearest kinsmen,—two on the father's and two on the mother's side,—and one friend of the departed, shall be appointed guardians. The fifteen eldest guardians of the law are to have special charge of all orphans, the whole number of fifteen being divided into bodies of three, who will succeed one another according to seniority every year for five years. If a man dying intestate leave daughters, he must pardon the law which marries them for looking, first to kinship, and secondly to the preservation of the lot. The legislator cannot regard the character of the heir, which to the father is the first consideration. The law will therefore run as follows:—If the intestate leave daughters, husbands are to be found for them among their kindred according to the following table of affinity: first, their father's brothers; secondly, the sons of their father's brothers; thirdly, of their father's sisters; fourthly, their great-uncles; fifthly, the sons of a great-uncle; sixthly, the sons of a great-aunt. The kindred in such cases shall always be reckoned in this way; the relationship shall proceed upwards through brothers and sisters and brothers' and sisters' children, and first the male line must be taken and then the female. If there is a dispute in regard to fitness of age for marriage, this the judge shall decide, after having made an inspection of the youth naked, and of the maiden naked down to the waist. If the maiden has no relations within the degree of third cousin, she may choose whom she likes, with the consent of her guardians; or she may even select some one who has gone to a colony, and he, if he be a kinsman, will take the lot by law; if not, he must have her guardians' consent, as well as hers. When a man dies without children and without a will, let a young man and a young woman go forth from the family and take up their abode in the desolate house. The woman shall be selected from the kindred in the following order of succession:—first, a sister of the deceased; second, a brother's daughter; third, a sister's daughter; fourth, a father's sister; fifth, a daughter of a father's brother; sixth, a daughter of a father's sister. For the man the same order shall be observed as in the preceding case. The legislator foresees that laws of this kind will sometimes press heavily, and that his intention cannot always be fulfilled; as for example, when there are mental and bodily defects in the persons who are enjoined to marry. But he must be excused for not being always able to reconcile the general principles of public interest with the particular circumstances of individuals; and he is willing to allow, in like manner, that the individual cannot always do what the lawgiver wishes. And then arbiters must be chosen, who will determine equitably the cases which may arise under the law: e.g. a rich cousin may sometimes desire a grander match, or the requirements of the law can only be fulfilled by marrying a madwoman. To meet such cases let the following law be enacted:—If any one comes forward and says that the lawgiver, had he been alive, would not have required the carrying out of the law in a particular case, let him go to the fifteen eldest guardians of the law who have the care of orphans; but if he thinks that too much power is thus given to them, he may bring the case before the court of select judges.



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