The Laws

by Plato (Author); Saunders, Trevor J. (Translator); Saunders, Trevor J. (Introduction by)

• ISBN13: 9780140449846
• ISBN10: 0140449841
• Edition: Reprint
• Format: Paperback
• Copyright: 2005-06-28
• Publisher: Penguin Classics

Summary

In The Laws, Plato describes in fascinating detail a comprehensive system of legislation in a small agricultural utopia he named Magnesia. His laws not only govern crime and punishment but also form a code of conduct for all aspects of life in his ideal state—from education, sports, and religion to sexual behavior, marriage, and drinking parties. Plato sets out a plan for the day-to-day rule of Magnesia, administered by citizens and elected officials, with supreme power held by a Council. Although Plato’s views that citizens should act in complete obedience to the law have been read as totalitarian, The Lawsnonetheless constitutes a highly impressive program for the reform of society and provides a crucial insight into the mind of one of classical Greece’s foremost thinkers.

Author Biography

Plato (c. 427-û347 bce) was one of the shapers of the entire intellectual tradition of the West and sought cures for the ills of society in philosophy.
Trevor J. Saunders has translated many volumes of Plato for the Penguin Classics. Richard Stalley is professor of ancient philosophy at the University of Glasgow.

Table of Contents

Preface	xvii
Acknowledgements	xxi
INTRODUCTION	xxiii
Utopianism	xxiii
Plato's Life and Work	xxiv
Plato's Political Thought	xxviii
The Republic	xxx
The Statesman ('Politicus')	xxxi
The Laws	xxxii
The Relationship between the Republic and the Laws	xxxii
Magnesia: the New Utopia	xxxiv
(a) Size and Situation	xxxiv
(b) Population and Occupations	xxxiv
(c) Education	xxxv
(d) Religion	xxxv
(e) Law	xxxvi
(f) Government and Administration	xxxvii
Plato and Totalitarianism	xxxix
The Modern Reaction to Plato	xl
Composition and Structure of the Laws: Summary	xlii
Further Reading	xlvii
Note on the Translation	xlviii
BK I
§1. THE INADEQUACY OF SPARTAN AND CRETAN LEGISLATION	3	(17)
Introductory Conversation	3	(2)
The Aim of Spartan and Cretan Laws	5	(9)
Courage and Pleasure	14	(6)
§2. DRINKING PARTIES AS AN EDUCATIONAL DEVICE	20	(19)
Teetotallers Misguided	21	(5)
Can Drinking Parties be Educational?	26	(1)
Interlude: The Athenian Pressed for an Answer	27	(2)
The Nature and Purpose of Education (1)	29	(3)
The Educational Effect of Drinking Parties (1)	32	(7)
BK II
§3. THE ARTS IN THE SERVICE OF EDUCATION	39	(35)
The Nature and Purpose of Education (2)	41	(2)
How the Arts should reinforce Education	43	(2)
Is Pleasure the Proper Criterion in the Arts?	45	(2)
Artistic Censorship in Egypt	47	(1)
Proper and Improper Pleasures	48	(5)
Justice and Happiness go Together	53	(4)
Children are Easily Persuaded	57	(1)
The Three Choruses	57	(5)
Qualifications of the Third Chorus, and an Attack on Contemporary Trends in the Arts	62	(5)
The Educational Effects of Drinking Parties (2)	67	(2)
Summing-up on the Uses of Drink	69	(5)
BK III
§4. THE LESSONS OF HISTORY (1): LEGISLATION AND THE BALANCE OF POWERS	74	(24)
Life after the Flood	74	(5)
Autocracy	79	(1)
The Primitive City and the Origin of Legislation	80	(2)
Troy	82	(1)
The Dorian League	83	(5)
Why did the League fail?	88	(5)
Seven Titles to Authority	93	(1)
The Reasons for Sparta's Success	94	(4)
§5. THE LESSONS OF HISTORY (2): MONARCHY AND DEMOCRACY	98	(14)
Two Mother-Constitutions	98	(1)
The Persian Monarchy	99	(6)
Athens and the Persian Wars	105	(2)
The Corruption of the Athenian Democracy	107	(2)
Recapitulation	109	(1)
The Proposed New Cretan Colony	110	(2)
BK IV
§6. MAGNESIA AND ITS PEOPLE	112	(20)
Natural Resources	113	(4)
The New Colonists	117	(2)
The Need for a Benevolent Dictator	119	(4)
What Constitution is to be Imposed?	123	(2)
The Age of Cronus	125	(1)
Law should be Supreme	126	(3)
Address to the New Colonists	129	(3)
§7. THE CORRECT WAY TO LEGISLATE: LAWS AND PREAMBLES	132	(9)
The Legislator must Justify his Laws	133	(2)
Two Categories of Doctors	135	(1)
Two Categories of Laws: an Example	136	(3)
Preambles Essential	139	(2)
BK V
§8. GENERAL PREAMBLE TO THE LEGAL CODE	141	(14)
Introduction	142	(1)
The Importance of Honouring the Soul	143	(3)
Physical Fitness	146	(1)
Wealth	146	(1)
The Correct Treatment of Children	146	(1)
Duties to Relatives, Friends and State	147	(1)
Duties to Foreigners	148	(1)
Personal Morality	149	(1)
How to Handle Criminals	150	(1)
Selfishness	150	(1)
Extremes of Emotion to be Avoided	151	(1)
Virtue and Happiness	152	(3)
§9. THE FOUNDATION OF THE NEW STATE	155	(19)
Preliminary Analysis of the State	156	(1)
The Selection of the Citizens	156	(2)
Distributing the Land (1)	158	(1)
The Size of the Population (1)	159	(1)
Religious and Social Occasions	160	(1)
States Ideal and Real: Community of Property	161	(1)
Distributing the Land (2)	162	(1)
The Size of the Population (2)	162	(2)
Holdings are Inalienable	164	(1)
The Possession of Money	165	(3)
The Four Property-Classes	168	(1)
Administrative Units of the State	169	(1)
Theory to be Modified by Facts	170	(1)
The Pre-eminence of Mathematics	171	(1)
Influences of Climate	172	(2)
BK VI
§10. CIVIL AND LEGAL ADMINISTRATION	174	(27)
Problems of Appointing the First Officials	175	(2)
The Election of the Guardians of the Laws	177	(3)
Duties and Tenure of the Guardians; Registration of Property	180	(1)
Military Officials	181	(2)
Generals	181	(1)
Company-Commanders	182	(1)
The Elections	182	(1)
Cavalry-Commanders	182	(1)
Disputed Votes	183	(1)
The Election of the Council	183	(1)
The Notion of Equality	184	(1)
The Executive Committee of the Council	185	(1)
Other Officials; Priests	186	(1)
The Election of the Expounders	187	(1)
Treasurers	188	(1)
The Protection of the Territory	188	(2)
The Rural Courts	190	(1)
How the Country-Wardens are to Live	191	(1)
The City-Wardens	192	(1)
The Market-Wardens	193	(1)
Education Officials	194	(1)
The Minister of Education	195	(1)
Death in Office	196	(1)
Three Grades of Court	196	(1)
Election of the Supreme Court	197	(1)
Corrupt Verdicts	198	(1)
The Court of the People	198	(1)
The Tribal Courts	199	(1)
Our Scheme is only a Sketch	199	(2)
§11. MARRIAGE AND RELATED TOPICS	201	(24)
The Younger Legislators	201	(3)
The Organization of Religious Festivals	204	(1)
Marriage: Choosing a Partner (1)	205	(1)
Changing the Laws	205	(1)
The Law of Marriage	206	(1)
Preamble to the Law of Marriage: Choosing a Partner (2)	207	(1)
Failure to Marry	208	(1)
Dowries	209	(1)
The Wedding-Feast	210	(1)
Correct Procreation (1)	210	(1)
The Life of the Newly-Weds	211	(1)
The Problem of Slavery	212	(2)
The Buildings of the State	214	(2)
Women must join the Communal Meals	216	(3)
Three Instinctive Drives: Food, Drink, Sex	219	(2)
Correct Procreation (2)	221	(2)
Adultery	223	(1)
Registration of Births and Deaths	223	(1)
Age Limits	224	(1)
BK VII
§12. EDUCATION	225	(50)
Written and Unwritten Rules	226	(1)
Education in the Womb	226	(3)
The Importance of Movement: the Evidence of Corybantic Ritual	229	(1)
How far should a Child be Humoured?	230	(2)
Unwritten Rules: a Reminder	232	(1)
Early Education	233	(1)
Ambidexterity	234	(2)
Physical Training (1)	236	(1)
The Dangers of Innovation in Education	237	(4)
Some Model Rules	241	(3)
The Regulation of Music	244	(1)
The Right Use of Leisure	245	(2)
Attendance at School	247	(1)
The Education of Females	248	(2)
How to Live a Life of Leisure	250	(2)
Further Duties of the Minister of Education	252	(1)
The Legislator's Instructions to the Minister of Education: the Curriculum	253	(2)
Literature	255	(1)
A Set Text: Selections from the Laws of Plato	256	(1)
Music	257	(2)
Physical Training (2)	259	(2)
Dancing	261	(3)
Comedy and Tragedy	264	(1)
Mathematics	265	(4)
Astronomy	269	(2)
Hunting: Written and Unwritten Rules again	271	(4)
BK VIII
§13. SPORT AND MILITARY TRAINING	275	(11)
Arrangements for Festivals	275	(1)
Military Training	276	(3)
Obstacles to Correct Military Training	279	(2)
Races	281	(2)
Contests in Arms	283	(1)
Horse-Racing	283	(1)
Conclusion	284	(2)
§14. PROBLEMS OF SEXUAL CONDUCT	286	(10)
The Problems Stated	286	(3)
Three Kinds of Friendship	289	(1)
How to Discourage Unnatural Sexual Intercourse	290	(2)
The Importance of Self-Control	292	(2)
Two Alternative Laws	294	(2)
§15. AGRICULTURE, ECONOMICS AND TRADE	296	(14)
The Food Supply (1)	296	(1)
Agricultural Laws	297	(1)
Duties to Neighbours	298	(1)
The Water Supply (1)	299	(1)
The Harvest	300	(2)
The Water Supply (2)	302	(1)
Bringing in Crops	302	(1)
Artisans	303	(1)
Imports and Exports	304	(1)
The Food Supply (2)	305	(1)
Dwelling Houses	306	(1)
The Markets	307	(1)
Resident Aliens	308	(2)
BK IX
§16. CAPITAL OFFENCES	310	(7)
Preliminary Discussion	310	(2)
Robbery from Temples	312	(2)
Procedure in Capital Cases	314	(1)
Subversion	315	(1)
Treason	316	(1)
§17. THE THEORY OF PUNISHMENT	317	(15)
Theft: Should all Thefts Attract the Same Punishment?	318	(1)
Philosophical Legislation Justified	318	(3)
A 'Terminological Inexactitude'	321	(4)
The Attack on the Distinction between 'Voluntary' and 'Involuntary'	325	(2)
The New Distinction, and the Purpose of Punishment	327	(2)
A Fuller Account of Injustice	329	(3)
§18. HOMICIDE LAW	332	(18)
Persons Unfit to Plead	332	(1)
Involuntary Homicide	333	(3)
Homicide in Anger	336	(5)
Voluntary Homicide	341	(6)
Suicide	347	(1)
Animals and Inanimate Objects as Killers	348	(1)
Murder by Persons Unknown	348	(1)
Justifiable Homicide	349	(1)
§19. WOUNDINGS	350	(9)
Preliminaries	350	(2)
The Courts' Discretion	352	(1)
Voluntary Wounding, and a Digression on Adopting an Heir in Cases of Childlessness	353	(3)
Woundings Inflicted in Anger	356	(2)
Involuntary Woundings	358	(1)
§20. ASSAULT	359	(6)
BK X
§21. RELIGION	365	(42)
Three Sources of Impiety	367	(1)
The Case of the Opposition	368	(3)
Address to the Young Heretic	371	(2)
Nature and Chance versus Design	373	(2)
The Difficulties of Refuting Atheists	375	(2)
The Priority of Soul (1)	377	(2)
Ten Kinds of Motion	379	(3)
Soul Moves Itself	382	(1)
The Priority of Soul (2)	383	(2)
Soul Moves the Heavenly Bodies	385	(3)
How Soul Moves the Heavenly Bodies	388	(1)
Address to the Believer in the Indifference of the Gods	389	(1)
Proof that the Gods care for Mankind	390	(4)
The Justice of the Gods, and the Fate of the Soul	394	(5)
Transition to the Law of Impiety	399	(2)
Two Kinds of Offenders	401	(1)
The Punishment for Impiety	402	(1)
Private Shrines	403	(4)
BK XI
§22. THE LAW OF PROPERTY	407	(5)
Respect for Property	407	(1)
Removal of Buried Treasure	407	(2)
Removal of Property in General	409	(1)
The Treatment of Slaves and Freedmen	410	(2)
§23. COMMERCIAL LAW	412	(10)
The Law of Sale and Exchange	412	(4)
Retail Trade	416	(3)
Contracts	419	(1)
Dealings with Craftsmen	419	(2)
Military 'Craftsmen'	421	(1)
§24. FAMILY LAW	422	(16)
Making a Will	422	(2)
Testamentary and Inheritance Law	424	(3)
How to Mitigate the Harshness of the Law	427	(2)
The Care of Orphans	429	(3)
Disinheritance	432	(1)
Senility	433	(1)
Divorce and Remarriage	433	(1)
Death of a Wife or Husband	434	(1)
Children of Mixed Status	434	(1)
Respect for Parents	435	(3)
BK XII
§25. MISCELLANEOUS LEGISLATION	438	(37)
Non-fatal Injuries by Drugs and Charms	438	(2)
The Purpose of Punishment	440	(1)
Lunacy	441	(1)
Abuse	441	(1)
The Censorship of Comedies	442	(1)
Beggars	443	(1)
Damage by Slaves	444	(1)
Further Rules of Legal Procedure	444	(2)
Unscrupulous Advocacy	446	(1)
Offences Committed by Members of Diplomatic Missions	447	(1)
Theft of Public Property	447	(1)
Military Service	448	(2)
Abandonment of Weapons	450	(2)
The Need for Scrutineers	452	(1)
The Election and Duties of the Scrutineers	453	(2)
The Funeral of a Scrutineer	455	(1)
Prosecutions of Scrutineers	456	(1)
Oaths	457	(1)
Refusal to Contribute to Public Expenses	458	(1)
Relations with the Outside World	459	(1)
Foreign Travel	460	(1)
The Observers	461	(2)
Foreign Visitors	463	(1)
Sureties	464	(1)
Searching a House	465	(1)
Time Limits for Disputing Title	465	(1)
Prevention of Attendance at Court	466	(1)
Prevention of Participation in Contests	466	(1)
Receiving Stolen Goods	467	(1)
Harbouring an Exile	467	(1)
Waging Private War	467	(1)
Bribes	468	(1)
Taxation	468	(1)
Offerings to the Gods	468	(1)
The Three Grades of Court	469	(1)
The Minor Points of Legal Procedure, and the Importance of Legal Studies	470	(1)
The Execution of Judgement	471	(1)
Funeral Regulations	472	(3)
§26. THE NOCTURNAL COUNCIL	475	(16)
How can the State be Preserved Intact?	477	(1)
Membership and Functions of the Council	478	(3)
The Unity and Plurality of Virtue	481	(2)
The Council's Duty to Teach	483	(1)
The Higher Education of the Council	484	(2)
The Importance of Theology	486	(2)
Recruitment of the Council, and its Course of Studies	488	(1)
Closing Remarks	489	(2)
DEPARTURES FROM THE BUDÉ TEXT	491	(2)
MAP OF CENTRAL CRETE	493	(1)
LIST OF CRIMES	494	(6)
APPENDIX: PLATO'S LETTERS	500	(4)
NOTES	504	(25)
INDEX OF NAMES	529