第39章 BOOK IV(8)

Ath.Then let me first give the law of marriage in a simple form;it may run as follows:-A man shall marry between the ages of thirty and thirty-five,or,if he does not,he shall pay such and such a fine,or shall suffer the loss of such and such privileges.This would be the simple law about marriage.The double law would run thus:-A man shall marry between the ages of thirty and thirty-five,considering that in a manner the human race naturally partakes of immortality,which every man is by nature inclined to desire to the utmost;for the desire of every man that he may become famous,and not lie in the grave without a name,is only the love of continuance.Now mankind are coeval with all time,and are ever following,and will ever follow,the course of time;and so they are immortal,because they leave children's children behind them,and partake of immortality in the unity of generation.And for a man voluntarily to deprive himself of this gift,as he deliberately does who will not have a wife or children,is impiety.He who obeys the law shall be free,and shall pay no fine;but he who is disobedient,and does not marry,when he has arrived at the age of thirty-five,shall pay a yearly fine of a certain amount,in order that he may not imagine his celibacy to bring ease and profit to him;and he shall not share in the honours which the young men in the state give to the aged.Comparing now the two forms of the law,you will be able to arrive at a judgment about any other laws-whether they should be double in length even when shortest,because they have to persuade as well as threaten,or whether they shall only threaten and be of half the length.

Meg.The shorter form,Stranger,would be more in accordance with Lacedaemonian custom;although,for my own part,if any one were to ask me which I myself prefer in the state,I should certainly determine in favour of the longer;and I would have every law made after the same pattern,if I had to choose.But I think that Cleinias is the person to be consulted,for his is the state which is going to use these laws.

Cle.Thank you,Megillus.

Ath.Whether,in the abstract,words are to be many or few,is a very foolish question;the best form,and not the shortest,is to be approved;nor is length at all to be regarded.Of the two forms of law which have been recited,the one is not only twice as good in practical usefulness as the other,but the case is like that of the two kinds of doctors,which I was just now mentioning.And yet legislators never appear to have considered that they have two instruments which they might use in legislation-persuasion and force;for in dealing with the rude and uneducated multitude,they use the one only as far as they can;they do not mingle persuasion with coercion,but employ force pure and simple.Moreover,there is a third point,sweet friends,which ought to be,and never is,regarded in our existing laws.

Cle.What is it?

Ath.A point arising out of our previous discussion,which comes into my mind in some mysterious way.All this time,from early dawn until noon,have we been talking about laws in this charming retreat:now we are going to promulgate our laws,and what has preceded was only the prelude of them.Why do I mention this?For this reason:-Because all discourses and vocal exercises have preludes and overtures,which are a sort of artistic beginnings intended to help the strain which is to be performed;lyric measures and music of every other kind have preludes framed with wonderful care.But of the truer and higher strain of law and politics,no one has ever yet uttered any prelude,or composed or published any,as though there was no such thing in nature.Whereas our present discussion seems to me to imply that there is;-these double laws,of which we were speaking,are not exactly double,but they are in two parts,the law and the prelude of the law.The arbitrary command,which was compared to the commands of doctors,whom we described as of the meaner sort,was the law pure and simple;and that which preceded,and was described by our friend here as being hortatory only,was,although in fact,an exhortation,likewise analogous to the preamble of a discourse.For I imagine that all this language of conciliation,which the legislator has been uttering in the preface of the law,was intended to create goodwill in the person whom he addressed,in order that,by reason of this good-will,he might more intelligently receive his command,that is to say,the law.And therefore,in my way of speaking,this is more rightly described as the preamble than as the matter of the law.And I must further proceed to observe,that to all his laws,and to each separately,the legislator should prefix a preamble;he should remember how great will be the difference between them,according as they have,or have not,such preambles,as in the case already given.

Cle.The lawgiver,if he asks my opinion,will certainly legislate in the form which you advise.

Ath.I think that you are right,Cleinias,in affirming that all laws have preambles,and that throughout the whole of this work of legislation every single law should have a suitable preamble at the beginning;for that which is to follow is most important,and it makes all the difference whether we clearly remember the preambles or not.

Yet we should be wrong in requiring that all laws,small and great alike,should have preambles of the same kind,any more than all songs or speeches;although they may be natural to all,they are not always necessary,and whether they are to be employed or not has in each case to be left to the judgment of the speaker or the musician,or,in the present instance,of the lawgiver.

Cle.That I think is most true.And now,Stranger,without delay let us return to the argument,and,as people say in play,make a second and better beginning,if you please,with the principles which we have been laying down,which we never thought of regarding as a preamble before,but of which we may now make a preamble,and not merely consider them to be chance topics of discourse.Let us acknowledge,then,that we have a preamble.About the honour of the Gods and the respect of parents,enough has been already said;and we may proceed to the topics which follow next in order,until the preamble is deemed by you to be complete;and after that you shall go through the laws themselves.

Ath.I understand you to mean that we have made a sufficient preamble about Gods and demi-gods,and about parents living or dead;and now you would have us bring the rest of the subject into the light of day?

Cle.Exactly.

Ath.After this,as is meet and for the interest of us all,I the speaker,and you the listeners,will try to estimate all that relates to the souls and bodies and properties of the citizens,as regards both their occupations and arrive,as far as in us lies,at the nature of education.These then are the topics which follow next in order.

Cle.Very good.