Laws

Plato, Benjamin Jowett

• Éditeur: Dover Publications
• Année: 2013
• ISBN:
  9780486149578
• Sujet: Filosofía
• Sous-sujet: Filosofía política

A lively dialogue between a foreign philosopher and a powerful statesman, Plato's Laws reflects the essence of the philosopher's reasoning on political theory and practice. It also embodies his mature and more practical ideas about a utopian republic. Plato's discourse ranges from everyday issues of criminal and matrimonial law to wider considerations involving the existence of the gods, the nature of the soul, and the problem of evil.
This translation of Plato's Laws by the distinguished scholar Benjamin Jowett is an authoritative choice for students of philosophy, political science, and literature. It is included among Dover Publications' Philosophical Classics, a series that comprises the major works of ancient and modern world philosophy. Low-priced, high-quality, and unabridged, these editions are ideal for teachers and students as well as for general readers.

BOOK XII

IF a herald or an ambassador carry a false message from our city to any other, or bring back a false message from the city to which he is sent, or be proved to have brought back, whether from friends or enemies, in his capacity of herald or ambassador, what they have never said, let him be indicted for having violated, contrary to the law, the commands and duties imposed upon him by Hermes and Zeus, and let there be a penalty fixed, which he shall suffer or pay if he be convicted.

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Laws XII

Misconduct of heralds or ambassadors.

No God or son of a God ever was a thief.

Theft is a mean, and robbery a shameless thing; and none of the sons of Zeus delight in fraud and violence, or ever practised either. Wherefore let no one be deluded by poets or mythologers into a mistaken belief of such things, nor let him suppose, when he thieves or is guilty of violence, that he is doing nothing base, but only what the Gods themselves do. For such tales are untrue and improbable; and he who steals or robs contrary to the law, is never either a God or the son of a God; of this the legislator ought to be better informed than all the poets put together²⁰⁸. Happy is he and may he be for ever happy, who is persuaded and listens to our words; but he who disobeys shall have to contend against the. following law:—If a man steal anything belonging to the public, whether that which he steals be much or little, he shall have the same punishment. For he who steals a little steals with the same wish as he who steals much, but with less power, and he who takes up a greater amount, not having deposited it, is wholly unjust. Wherefore the law is not disposed to inflict a less penalty on the one than on the other because his theft is less, but on the ground that the thief may possibly be in one case still curable, and may in another case be incurable. If any one convict in a courts of law a stranger or a slave of a theft of public property, let the court determine what punishment he shall suffer, or what penalty he shall pay, bearing in mind that he is probably not incurable. But the citizen who has been brought up as our citizens will have been, if he be found guilty of robbing his country by fraud or violence, whether he be caught in the act or not, shall be punished with death; for he is incurable²⁰⁹.

Punishment for theft of public property.

The stranger or slave, as curable, to be dealt with leniently; the citizen, as incurable, [942] to suffer death.

Obedience the great military virtue.

Soldiers to have a common life.

Now for expeditions of war much consideration and many laws are required; the great principle of all is that no one of either sex should be without a commander²¹⁰; nor should the mind of any one be accustomed to do anything, either in jest or earnest, of his own motion, but in war and in peace he should look to and follow his leader, even in the least things being under his guidance; for example, he should stand or move, or exercise, or wash, or take his meals, or get up in the night to keep guard and deliver messages when he is bidden; and in the hour of danger he should not pursue and not retreat except by order of his superior; and in a word, not teach the soul or accustom her to know or understand how to do anything apart from others. Of all soldiers the life should be always and in all things as far as possible in common and together; there neither is nor ever will be a higher, or better, or more scientific principle than this for the attainment of salvation and victory in war. And we ought in time of peace from youth upwards to practise this habit of commanding others, and of being commanded by others; anarchy should have no place in the life of man or of the beasts who are subject to man. I may add that all dances ought to be performed with a view to military excellence²¹¹; and agility and ease should be cultivated for the same object, and also endurance of the want of meats and drinks, and of winter cold and summer heat, and of hard couches; and, above all, care should be taken not to destroy the peculiar qualities of the head and the feet by surrounding them with extraneous coverings, and so hindering their natural growth of hair and soles. For these are the extremities, and of all the parts of the body, whether they are preserved or not is of the greatest consequence; the one is the servant of the whole body, and the other the master, in whom all the ruling senses are by nature set. Let the young man imagine that he hears in what has preceded the praises of the military life; the law shall be as follows:—He shall serve in war who is on the roll or appointed to some special service, and if any one is absent from cowardice, and without the leave of the generals, he shall be indicted before the military commanders for failure of service when the army comes home; and the soldiers shall be his judges; the heavy-armed, and the cavalry, and the other arms of the service shall form separate courts; and they shall bring the heavy-armed before the heavy-armed, and the horsemen before the horsemen, and the others in like manner before their peers; and he who is found guilty shall never be allowed to compete for any prize of valour, or indict another for not serving on an expedition, or be an accuser at all in any military matters. Moreover, the court shall further determine what punishment he shall suffer, or what penalty he shall pay. When the suits for failure of service are completed, the leaders of the several kinds of troops shall again hold an assembly, and they shall adjudge the prizes of valour; and he who likes shall give judgment in his own branch of the service, saying nothing about any former expedition, nor producing any proof or witnesses to confirm his statement, but speaking only of the present occasion. The crown of victory shall be an olive wreath which the victor shall offer up at the temple of any war-god whom he likes, adding an inscription for a testimony to last during life, that such an one has received the first, the second, or the third prize. If any one goes on an expedition, and returns home before the appointed time, when the generals have not withdrawn the army, he shall be indicted for desertion before the same persons who took cognizance of failure of service, and if he be found gu...