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. 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 good-will in the person whom
he addressed, in order that, by reason of this good-will, he might
more intelligently receive his command, that is to say, the law. And
therefore, in my way of speaking, this is more rightly described as the
preamble than as the matter of the law. And I must further proceed to
observe, that to all his laws, and to each separately, the legislator
should prefix a preamble; he should remember how great will be the
difference between them, according as they have, or have not, such
preambles, as in the case already given.
CLEINIAS: The lawgiver, if he asks my opinion, will certainly legislate
in the form which you advise.
ATHENIAN: I think that you are right, Cleinias, in affirming that all
laws have preambles, and that throughout the whole of this work of
legislation every single law should have a suitable preamble at the
beginning; for that which is to follow is most important, and it makes
all the difference whether we clearly remember the preambles or not. Yet
we should be wrong in requiring that all laws, small and great alike,
should have preambles of the same kind, any more than all songs or
speeches; although they may be natural to all, they are not always
necessary, and whether they are to be employed or not has in each case
to be left to the judgment of the speaker or the musician, or, in the
present instance, of the lawgiver.