书城教材教辅法律篇
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第54章 BOOK VI(7)

In the next place, it will be proper to appoint directors of musicand gymnastic, two kinds of each-of the one kind the business willbe education, of the other, the superintendence of contests. Inspeaking of education, the law means to speak of those who have thecare of order and instruction in gymnasia and schools, and of thegoing to school, and of school buildings for boys and girls; and inspeaking of contests, the law refers to the judges of gymnastics andof music; these again are divided into two classes, the one havingto do with music, the other with gymnastics; and the same who judge ofthe gymnastic contests of men, shall judge of horses; but in musicthere shall be one set of judges of solo singing, and of imitation-Imean of rhapsodists, players on the harp, the flute and the like,and another who shall judge of choral song. First of all, we mustchoose directors for the choruses of boys, and men, and maidens,whom they shall follow in the amusement of the dance, and for ourother musical arrangements; -one director will be enough for thechoruses, and he should be not less than forty years of age. Onedirector will also be enough to introduce the solo singers, and togive judgment on the competitors, and he ought not to be less thanthirty years of age. The director and manager of the choruses shall beelected after the following manner:-Let any persons who commonlytake an interest in such matters go to the meeting, and be fined ifthey do not go (the guardians of the law shall judge of theirfault), but those who have no interest shall not be compelled. Theelector shall propose as director some one who understands music,and he in the scrutiny may be challenged on the one part by thosewho say he has no skill, and defended on the other hand by those whosay that he has. Ten are to be elected by vote, and he of the tenwho is chosen by lot shall undergo a scrutiny, and lead the chorusesfor a year according to law. And in like manner the competitor whowins the lot shall be leader of the solo and concert music for thatyear; and he who is thus elected shall deliver the award to thejudges. In the next place, we have to choose judges in the contests ofhorses and of men; these shall be selected from the third and alsofrom the second class of citizens, and three first classes shall becompelled to go to the election, but the lowest may stay away withimpunity; and let there be three elected by lot out of the twentywho have been chosen previously, and they must also have the voteand approval of the examiners. But if any one is rejected in thescrutiny at any ballot or decision, others shall be chosen in the samemanner, and undergo a similar scrutiny.

There remains the minister of the education of youth, male andfemale; he too will rule according to law; one such minister will besufficient, and he must be fifty years old, and have children lawfullybegotten, both boys and girls by preference, at any rate, one or theother. He who is elected, and he who is the elector, should considerthat of all the great offices of state, this is the greatest; forthe first shoot of any plant, if it makes a good start towards theattainment of its natural excellence, has the greatest effect on itsmaturity; and this is not only true of plants, but of animals wild andtame, and also of men. Man, as we say, is a tame or civilizedanimal; nevertheless, he requires proper instruction and a fortunatenature, and then of all animals he becomes the most divine and mostcivilized; but if he be insufficiently or ill educated he is themost savage of earthly creatures. Wherefore the legislator ought notto allow the education of children to become a secondary or accidentalmatter. In the first place, he who would be rightly provident aboutthem, should begin by taking care that he is elected, who of all thecitizens is in every way best; him the legislator shall do hisutmost to appoint guardian and superintendent. To this end all themagistrates, with the exception of the council and prytanes, shallgo to the temple of Apollo, and elect by ballot him of the guardiansof the law whom they severally think will be the best superintendentof education. And he who has the greatest number of votes, after hehas undergone a scrutiny at the hands of all the magistrates whohave been his electors, with the exception of the guardians of thelaw-shall hold office for five years; and in the sixth year letanother be chosen in like manner to fill his office.

If any one dies while he is holding a public office, and more thanthirty days before his term of office expires, let those whosebusiness it is elect another to the office in the same manner asbefore. And if any one who is entrusted with orphans dies, let therelations both on the father"s and mother"s side, who are residingat home, including cousins, appoint another guardian within tendays, or be fined a drachma a day for neglect to do so.

A city which has no regular courts of law ceases to be a city; andagain, if a judge is silent and says no more in preliminaryproceedings than the litigants, as is the case in arbitrations, hewill never be able to decide justly; wherefore a multitude of judgeswill not easily judge well, nor a few if they are bad. The point indispute between the parties should be made clear; and time, anddeliberation, and repeated examination, greatly tend to clear updoubts. For this reason, he who goes to law with another should gofirst of all to his neighbours and friends who know best the questionsat issue. And if he be unable to obtain from them a satisfactorydecision, let him have recourse to another court; and if the twocourts cannot settle the matter, let a third put an end to the suit.