The Laws,9780140449846

The Laws

by ; ;
Edition: Reprint
ISBN13: 9780140449846
ISBN10: 0140449841
Format: Paperback
Pub. Date: 2005-06-28
Publisher(s): Penguin Classics
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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

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