LAWS by Plato - Complete text

Part 2 Page 32

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.

Previous Page / First / Next Page of this part

Laws part 3 of 4, 5. Back to Part 1. You are at part 2

Plato : LAWS

LAWS part 2 of 3, 4, 5

Learned Freeware