all
be the way in my colony.' I am glad that you agree with me; this is
a matter which it is important to remember. A preamble is not always
necessary to a law: the lawgiver must determine when it is needed, as
the musician determines when there is to be a prelude to a song. 'Most
true: and now, having a preamble, let us recommence our discourse.'
Enough has been said of Gods and parents, and we may proceed to consider
what relates to the citizens--their souls, bodies, properties,--their
occupations and amusements; and so arrive at the nature of education.
The first word of the Laws somewhat abruptly introduces the thought
which is present to the mind of Plato throughout the work, namely, that
Law is of divine origin. In the words of a great English writer--'Her
seat is the bosom of God, her voice the harmony of the world.' Though
the particular laws of Sparta and Crete had a narrow and imperfect aim,
this is not true of divine laws, which are based upon the principles of
human nature, and not framed to meet the exigencies of the moment. They
have their natural divisions, too, answering to the kinds of virtue;
very unlike the discordant enactments of an Athenian assembly or of an
English Parliament. Yet we may observe two inconsistencies in Plato's
treatment of the subject: first, a lesser, inasmuch as he does not
clearly distinguish the Cretan and Spartan laws, of which the exclusive
aim is war, from those other laws of Zeus and Apollo which are said to
be divine, and to comprehend all virtue. Secondly, we may retort on him
his own complaint against Sparta and Crete, that he has himself given us
a code of laws, which for the most part have a military character; and
that we cannot point to 'obvious examples of similar institutions which
are concerned with pleasure;' at least there is only one such, that
which relates to the regulation of convivial intercourse. The military
spirit which is condemned by him in the beginning of the Laws, reappears
in the seventh and eighth books.
The mention of Minos the great lawgiver, and of Rhadamanthus the
righteous administrator of the law, suggests the two divisions of the
laws into enactments and appointments of officers. The legislator and
the judge stand side by side, and their functions cannot be wholly
distinguished. For the judge is in some sort a legislator, at any
rate in small matters; and his decisions growing into precedents, must
determine the innumerable details which
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