Page 52 of 162

With a view to taxation a man should have his property and income valued: and the government may, at their discretion, levy the tax upon the annual return, or take a portion of the whole.

The good man will offer moderate gifts to the Gods; his land or hearth cannot be offered, because they are already consecrated to all Gods. Gold and silver, which arouse envy, and ivory, which is taken from the dead body of an animal, are unsuitable offerings; iron and brass are materials of war. Wood and stone of a single piece may be offered; also woven work which has not occupied one woman more than a month in making. White is a colour which is acceptable to the Gods; figures of birds and similar offerings are the best of gifts, but they must be such as the painter can execute in a day.

Next concerning lawsuits. Judges, or rather arbiters, may be agreed upon by the plaintiff and defendant; and if no decision is obtained from them, their fellow-tribesmen shall judge. At this stage there shall be an increase of the penalty: the defendant, if he be cast, shall pay a fifth more than the damages claimed. If he further persist, and appeal a second time, the case shall be heard before the select judges; and he shall pay, if defeated, the penalty and half as much again. And the pursuer, if on the first appeal he is defeated, shall pay one fifth of the damages claimed by him; and if on the second, one half. Other matters relating to trials, such as the assignment of judges to courts, the times of sitting, the number of judges, the modes of pleading and procedure, as we have already said, may be determined by younger legislators.

These are to be the rules of private courts. As regards public courts, many states have excellent modes of procedure which may serve for models; these, when duly tested by experience, should be ratified and made permanent by us.

Let the judge be accomplished in the laws. He should possess writings about them, and make a study of them; for laws are the highest instrument of mental improvement, and derive their name from mind (nous, nomos). They afford a measure of all censure and praise, whether in verse or prose, in conversation or in books, and are an antidote to the vain disputes of men and their equally vain acquiescence in each other's opinions. The just judge, who imbibes their spirit, makes the city and himself to stand upright. He establishes justice for the good, and cures the tempers of the bad, if they can be cured; but denounces death, which is the only remedy, to the incurable, the threads of whose life cannot be reversed.

When the suits of the year are completed, execution is to follow. The court is to award to the plaintiff the property of the defendant, if he is cast, reserving to him only his lot of land. If the plaintiff is not satisfied within a month, the court shall put into his hands the property of the defendant. If the defendant fails in payment to the amount of a drachma, he shall lose the use and protection of the court; or if he rebel against the authority of the court, he shall be brought before the guardians of the law, and if found guilty he shall be put to death.

Man having been born, educated, having begotten and brought up children, and gone to law, fulfils the debt of nature. The rites which are to be celebrated after death in honour of the Gods above and below shall be determined by the Interpreters. The dead shall be buried in uncultivated places, where they will be out of the way and do least injury to the living. For no one either in life or after death has any right to deprive other men of the sustenance which mother earth provides for them. No sepulchral mound is to be piled higher than five men can raise it in five days, and the grave-stone shall not be larger than is sufficient to contain an inscription of four heroic verses. The dead are only to be exposed for three days, which is long enough to test the reality of death. The legislator will instruct the people that the body is a mere shadow or image, and that the soul, which is our true being, is gone to give an account of herself before the Gods below. When they hear this, the good are full of hope, and the evil are terrified. It is also said that not much can be done for any one after death. And therefore while in life all man should be helped by their kindred to pass their days justly and holily, that they may depart in peace. When a man loses a son or a brother, he should consider that the beloved one has gone away to fulfil his destiny in another place, and should not waste money over his lifeless remains. Let the law then order a moderate funeral of five minae for the first class, of three for the second, of two for the third, of one for the fourth. One of the guardians of the law, to be selected by the relatives, shall assist them in arranging the affairs of the deceased. There would be a want of delicacy in prescribing that there should or should not be mourning for the dead. But, at any rate, such mourning is to be confined to the house; there must be no processions in the streets, and the dead body shall be taken out of the city before daybreak. Regulations about other forms of burial and about the non-burial of parricides and other sacrilegious persons have already been laid down. The work of legislation is therefore nearly completed; its end will be finally accomplished when we have provided for the continuance of the state.

Do you remember the names of the Fates? Lachesis, the giver of the lots, is the first of them; Clotho, the spinster, the second; Atropos, the unchanging one, is the third and last, who makes the threads of the web irreversible. And we too want to make our laws irreversible, for the unchangeable quality in them will be the salvation of the state, and the source of health and order in the bodies and souls of our citizens. 'But can such a quality be implanted?' I think that it may; and at any rate we must try; for, after all our labour, to have been piling up a fabric which has no foundation would be too ridiculous. 'What foundation would you lay?' We have already instituted an assembly which was composed of the ten oldest guardians of the law, and secondly, of those who had received prizes of virtue, and thirdly, of the travellers who had gone abroad to enquire into the laws of other countries. Moreover, each of the members was to choose a young man, of not less than thirty years of age, to be approved by the rest; and they were to meet at dawn, when all the world is at leisure. This assembly will be an anchor to the vessel of state, and provide the means of permanence; for the constitutions of states, like all other things, have their proper saviours, which are to them what the head and soul are to the living being. 'How do you mean?' Mind in the soul, and sight and hearing in the head, or rather, the perfect union of mind and sense, may be justly called every man's salvation. 'Certainly.' Yes; but of what nature is this union? In the case of a ship, for example, the senses of the sailors are added to the intelligence of the pilot, and the two together save the ship and the men in the ship. Again, the physician and the general have their objects; and the object of the one is health, of the other victory. States, too, have their objects, and the ruler must understand, first, their nature, and secondly, the means of attaining them, whether in laws or men. The state which is wanting in this knowledge cannot be expected to be wise when the time for action arrives. Now what class or institution is there in our state which has such a saving power? 'I suspect that you are referring to the Nocturnal Council.' Yes, to that council which is to have all virtue, and which should aim directly at the mark. 'Very true.' The inconsistency of legislation in most states is not surprising, when the variety of their objects is considered. One of them makes their rule of justice the government of a class; another aims at wealth; another at freedom, or at freedom and power; and some who call themselves philosophers maintain that you should seek for all of them at once. But our object is unmistakeably virtue, and virtue is of four kinds. 'Yes; and we said that mind is the chief and ruler of the three other kinds of virtue and of all else.' True, Cleinias; and now, having already declared the object which is present to the mind of the pilot, the general, the physician, we will interrogate the mind of the statesman. Tell me, I say, as the physician and general have told us their object, what is the object of the statesman. Can you tell me? 'We cannot.' Did we not say that there are four virtues—courage, wisdom, and two others, all of which are called by the common name of virtue, and are in a sense one? 'Certainly we did.' The difficulty is, not in understanding the differences of the virtues, but in apprehending their unity. Why do we call virtue, which is a single thing, by the two names of wisdom and courage? The reason is that courage is concerned with fear, and is found both in children and in brutes; for the soul may be courageous without reason, but no soul was, or ever will be, wise without reason. 'That is true.' I have explained to you the difference, and do you in return explain to me the unity. But first let us consider whether any one who knows the name of a thing without the definition has any real knowledge of it. Is not such knowledge a disgrace to a man of sense, especially where great and glorious truths are concerned? and can any subject be more worthy of the attention of our legislators than the four virtues of which we are speaking—courage, temperance, justice, wisdom? Ought not the magistrates and officers of the state to instruct the citizens in the nature of virtue and vice, instead of leaving them to be taught by some chance poet or sophist? A city which is without instruction suffers the usual fate of cities in our day. What then shall we do? How shall we perfect the ideas of our guardians about virtue? how shall we give our state a head and eyes? 'Yes, but how do you apply the figure?' The city will be the body or trunk; the best of our young men will mount into the head or acropolis and be our eyes; they will look about them, and inform the elders, who are the mind and use the younger men as their instruments: together they will save the state. Shall this be our constitution, or shall all be educated alike, and the special training be given up? 'That is impossible.' Let us then endeavour to attain to some more exact idea of education. Did we not say that the true artist or guardian ought to have an eye, not only to the many, but to the one, and to order all things with a view to the one? Can there be any more philosophical speculation than how to reduce many things which are unlike to one idea? 'Perhaps not.' Say rather, 'Certainly not.' And the rulers of our divine state ought to have an exact knowledge of the common principle in courage, temperance, justice, wisdom, which is called by the name of virtue; and unless we know whether virtue is one or many, we shall hardly know what virtue is. Shall we contrive some means of engrafting this knowledge on our state, or give the matter up? 'Anything rather than that.' Let us begin by making an agreement. 'By all means, if we can.' Well, are we not agreed that our guardians ought to know, not only how the good and the honourable are many, but also how they are one? 'Yes, certainly.' The true guardian of the laws ought to know their truth, and should also be able to interpret and execute them? 'He should.' And is there any higher knowledge than the knowledge of the existence and power of the Gods? The people may be excused for following tradition; but the guardian must be able to give a reason of the faith which is in him. And there are two great evidences of religion—the priority of the soul and the order of the heavens. For no man of sense, when he contemplates the universe, will be likely to substitute necessity for reason and will. Those who maintain that the sun and the stars are inanimate beings are utterly wrong in their opinions. The men of a former generation had a suspicion, which has been confirmed by later thinkers, that things inanimate could never without mind have attained such scientific accuracy; and some (Anaxagoras) even in those days ventured to assert that mind had ordered all things in heaven; but they had no idea of the priority of mind, and they turned the world, or more properly themselves, upside down, and filled the universe with stones, and earth, and other inanimate bodies. This led to great impiety, and the poets said many foolish things against the philosophers, whom they compared to 'yelping she-dogs,' besides making other abusive remarks. No man can now truly worship the Gods who does not believe that the soul is eternal, and prior to the body, and the ruler of all bodies, and does not perceive also that there is mind in the stars; or who has not heard the connexion of these things with music, and has not harmonized them with manners and laws, giving a reason of things which are matters of reason. He who is unable to acquire this knowledge, as well as the ordinary virtues of a citizen, can only be a servant, and not a ruler in the state.