I. A weak point in the Laws of Plato is the amount of inquisition into
private life which is to be made by the rulers. The magistrate is
always watching and waylaying the citizens. He is constantly to receive
information against improprieties of life. Plato does not seem to be
aware that espionage can only have a negative effect. He has not yet
discovered the boundary line which parts the domain of law from that of
morality or social life. Men will not tell of one another; nor will
he ever be the most honoured citizen, who gives the most frequent
information about offenders to the magistrates.
As in some writers of fiction, so also in philosophers, we may observe
the effect of age. Plato becomes more conservative as he grows older,
and he would govern the world entirely by men like himself, who are
above fifty years of age; for in them he hopes to find a principle of
stability. He does not remark that, in destroying the freedom he is
destroying also the life of the State. In reducing all the citizens to
rule and measure, he would have been depriving the Magnesian colony of
those great men 'whose acquaintance is beyond all price;' and he would
have found that in the worst-governed Hellenic State, there was more of
a carriere ouverte for extraordinary genius and virtue than in his own.
Plato has an evident dislike of the Athenian dicasteries; he prefers a
few judges who take a leading part in the conduct of trials to a great
number who only listen in silence. He allows of two appeals--in each
case however with an increase of the penalty. Modern jurists would
disapprove of the redress of injustice being purchased only at an
increasing risk; though indirectly the burden of legal expenses, which
seems to have been little felt among the Athenians, has a similar
effect. The love of litigation, which is a remnant of barbarism quite
as much as a corruption of civilization, and was innate in the Athenian
people, is diminished in the new state by the imposition of severe
penalties. If persevered in, it is to be punished with death.
In the Laws murder and homicide besides being crimes, are also
pollutions. Regarded from this point of view, the estimate of such
offences is apt to depend on accidental circumstances, such as the
shedding of blood, and not on the real guilt of the offender or the
injury done to society. They are measured by the horror which they
arouse in a barbarous age. For there is a superstition in law as well as
in religion, and the feelings of a primitive age have a traditional hold
on the mass of the people. On the other hand, Plato is innocent of the
barbarity which would visit the sins of the fathers upon the children,
and he is quite aware that punishment has an eye to the future, and not
to the past. Compared with that of most European nations in the last
century his penal code, though sometimes capricious, is reasonable and
humane.