书城教材教辅法律篇
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第1章 BOOK I(1)

PERSONS OF THE DIALOGUE: An ATHENIAN STRANGER; CLEINIAS, aCretan; MEGILLUS, a LacedaemonianAthenian Stranger. Tell me, Strangers, is a God or some man supposedto be the author of your laws?

Cleinias. A God, Stranger; in very truth a, God: among us Cretans heis said to have been Zeus, but in Lacedaemon, whence our friend herecomes, I believe they would say that Apollo is their lawgiver: wouldthey not, Megillus?

Megillus. Certainly.

Ath. And do you, Cleinias, believe, as Homer tells, that every ninthyear Minos went to converse with his Olympian sire, and was inspiredby him to make laws for your cities?

Cle. Yes, that is our tradition; and there was Rhadamanthus, abrother of his, with whose name you are familiar; he is reputed tohave been the justest of men, and we Cretans are of opinion that heearned this reputation from his righteous administration of justicewhen he was alive.

Ath. Yes, and a noble reputation it was, worthy of a son of Zeus. Asyou and Megillus have been trained in these institutions, I dare saythat you will not be unwilling to give an account of your governmentand laws; on our way we can pass the time pleasantly in about them,for I am told that the distance from Cnosus to the cave and templeof Zeus is considerable; and doubtless there are shady places underthe lofty trees, which will protect us from this scorching sun.

Being no longer young, we may often stop to rest beneath them, and getover the whole journey without difficulty, beguiling the time byconversation.

Cle. Yes, Stranger, and if we proceed onward we shall come to grovesof cypresses, which are of rare height and beauty, and there are greenmeadows, in which we may repose and converse.

Ath. Very good.

Cle. Very good, indeed; and still better when we see them; let usmove on cheerily.

Ath. I am willing-And first, I want to know why the law has ordainedthat you shall have common meals and gymnastic exercises, and weararms.

Cle. I think, Stranger, that the aim of our institutions is easilyintelligible to any one. Look at the character of our country: Creteis not like Thessaly, a large plain; and for this reason they havehorsemen in Thessaly, and we have runners-the inequality of the groundin our country is more adapted to locomotion on foot; but then, if youhave runners you must have light arms-no one can carry a heavyweight when running, and bows and arrows are convenient because theyare light. Now all these regulations have been made with a view towar, and the legislator appears to me to have looked to this in allhis arrangements:-the common meals, if I am not mistaken, wereinstituted by him for a similar reason, because he saw that while theyare in the field the citizens are by the nature of the casecompelled to take their meals together for the sake of mutualprotection. He seems to me to have thought the world foolish in notunderstanding that all are always at war with one another; and if inwar there ought to be common meals and certain persons regularlyappointed under others to protect an army, they should be continued inpeace. For what men in general term peace would be said by him to beonly a name; in reality every city is in a natural state of war withevery other, not indeed proclaimed by heralds, but everlasting. And ifyou look closely, you will find that this was the intention of theCretan legislator; all institutions, private as well as public, werearranged by him with a view to war; in giving them he was under theimpression that no possessions or institutions are of any value to himwho is defeated in battle; for all the good things of the conqueredpass into the hands of the conquerors.

Ath. You appear to me, Stranger, to have been thoroughly trainedin the Cretan institutions, and to be well informed about them; willyou tell me a little more explicitly what is the principle ofgovernment which you would lay down? You seem to imagine that a wellgoverned state ought to be so ordered as to conquer all other statesin war: am I right in supposing this to be your meaning?

Cle. Certainly; and our Lacedaemonian friend, if I am notmistaken, will agree with me.

Meg. Why, my good friend, how could any Lacedaemonian say anythingelse?

Ath. And is what you say applicable only to states, or also tovillages?

Cle. To both alike.

Ath. The case is the same?

Cle. Yes.

Ath. And in the village will there be the same war of family againstfamily, and of individual against individual?

Cle. The same.

Ath. And should each man conceive himself to be his ownenemy:-what shall we say?

Cle. O Athenian Stranger-inhabitant of Attica I will not call you,for you seem to deserve rather to be named after the goddessherself, because you go back to first principles you have thrown alight upon the argument, and will now be better able to understandwhat I was just saying-that all men are publicly one another"senemies, and each man privately his own.

(Ath. My good sir, what do you mean?)--Cle..... Moreover, there is a victory and defeat-the first andbest of victories, the lowest and worst of defeats-which each mangains or sustains at the hands, not of another, but of himself; thisshows that there is a war against ourselves going on within everyone of us.

Ath. Let us now reverse the order of the argument: Seeing that everyindividual is either his own superior or his own inferior, may wesay that there is the same principle in the house, the village, andthe state?

Cle. You mean that in each of them there is a principle ofsuperiority or inferiority to self?

Ath. Yes.

Cle. You are quite right in asking the question, for there certainlyis such a principle, and above all in states; and the state in whichthe better citizens win a victory over the mob and over the inferiorclasses may be truly said to be better than itself, and may bejustly praised, where such a victory is gained, or censured in theopposite case.