Dialogues

him until he has first convinced him; at last, when he has brought the patient more and more under his persuasive influences and set him on the road to health, he attempts to effect a cure. Now which is the better way of proceeding in a physician and in a trainer? Is he the better who accomplishes his ends in a double way, or he who works in one way, and that the ruder and inferior? Cleinias I should say, Stranger, that the double way is far better. Athenian Should you like to see an example of the double and single method in legislation? Cleinias Certainly I should. Athenian What will be our first law? Will not the legislator, observing the order of nature, begin by making regulations for states about births? Cleinias He will. Athenian In all states the birth of children goes back to the connection of marriage? Cleinias Very true. Athenian And, according to the true order, the laws relating to marriage should be those which are first determined in every state? Cleinias Quite so. Athenian 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. Megillus The shorter form, Stranger, would be more in accordance with Lacedaemonian custom; although, for my own part, if anyone 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. Cleinias Thank you, Megillus. Athenian 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. Cleinias What is it? Athenian 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.404 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 goodwill, he might more intelligently receive his command, that is