Laws
Author: Plato · Year: c. 4th c. BCE (trans. Trevor J. Saunders, Hackett 1997) · Type: dialogue
Plato's longest and last work — left unpublished and perhaps unrevised at his death — in which Socrates is absent and an unnamed Athenian Stranger, walking with Clinias of Crete and Megillus of Sparta toward Zeus's cave, designs the laws for Magnesia, a real Cretan colony Clinias is commissioned to found. The dialogue is constructive and legislative, not aporetic: it moves from a critique of the war-centered Dorian codes (I–III) through the founding principles (IV–VI) to the detailed code — education, property, the criminal law, theology, and the closing machinery of preservation (VII–XII). Its political center is the rule-of-law: with no godlike knower available to govern, nomos — "the dispensation of reason" — must rule in the absent knower's stead, and rulers are "servants of the laws." The Laws thereby completes the Republic → Statesman → Laws arc on the ideal ruler; yet at its very end the Nocturnal Council, which must grasp "the one in the many," reinstalls the knowing apex the work spent twelve books legislating around.
Core Arguments
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Claim: The true aim of legislation is the whole of virtue, not the part (courage/war) on which the Cretan and Spartan codes are built; "peace and goodwill," not victory, is the criterion. Because: if "victory" is the standard it must hold of the man against himself, but the best judge of a quarrelling family reconciles without killing (627e–628a); so courage "comes only fourth" in order of merit, behind wisdom, temperance, and justice. Against: Clinias/Megillus hold all states are "by nature fighting an undeclared war against every other state" (a Calliclean phusis-naturalism, 626a). Location: I.625e–632d.
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Claim: Education is the right channeling of pleasure and pain before reason; virtue is "the concord of reason and emotion," so music/choral training is load-bearing and pleasure is not the criterion of correct music — the trained man's pleasure is. Because: a child "can't help" assimilating the character of what he enjoys (656b); music is imitation, judged by "the imitation … of the proportions … of the model" (668b), not by the pleasure it gives; the Egyptians prove legislated forms can last "ten thousand years." Against: "most men" make the pleasure music gives the standard; the slide into "theatrocracy" (701a) is what follows when they do. Location: II.653a–671a (with III.700a–701b).
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Claim: Unchecked power destroys itself, and the correct constitution is a measured blend of the two "mother-constitutions," monarchy and democracy. Because: "no mortal soul … will ever make a success of supreme authority among men while it is still young and responsible to no one" (691c); Sparta survived because its power was split and bridled (dual kings, elders, ephors), and the Persian and Athenian arcs show that pressing subjection or liberty to its extreme corrupts itself. The lawgiver's three aims are freedom, friendship (unity), and wisdom. Against: the assumption that bigger, stronger power yields better results; Persian and Athenian self-images. Location: III.691c–702b.
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Claim (the political crux): The rule of law — the correct state is "named after the god" (reason) who rules; its rulers are "servants of the laws"; "if law is the master of the government … then … men enjoy all the blessings." Because: the Cronus myth diagnoses the necessity — because "human nature … is never able to take complete control … without being filled with arrogance and injustice," the god once set spirits over men as we set ourselves over herds; with no god in power now, we must "imitate" that age by obeying "what little spark of immortality lies in us" and dignifying "these edicts of reason with the name of 'law'" (713e–714a). Against: the "advantage of the stronger" definition (laws merely safeguard the established regime, 714b–d — a Thrasymachus-echo), rejected as "bogus laws"; and the standing pressure of the Statesman's ranking of the knower first — note that Magnesia keeps the young-tyrant instrument and the Nocturnal Council, so the tension is internal. Location: IV.712b–715e.
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Claim: "God, not man, is the measure of all things" — the standard of right conduct is likeness to the divine/measured, against Protagorean relativism. Because: "like approves of like" (excess excepted, "its own enemy and that of due proportion"), so "the moderate man is God's friend, being like him." Against: Protagoras's "man is the measure of all things." Location: IV.716c–717a.
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Claim: Laws for free citizens must use the "double method" — a persuasive preamble/prelude (prooimion) before the compulsory command — modeled on the free doctor (who consults, explains, gains consent) versus the slave doctor (who "prescribes … with the self-confidence of a dictator"). Because: persuasion makes a citizen accept his orders "in a more co-operative frame of mind"; the law thus has "two elements, 'law' and 'preface to law'" (723a). Compulsion administered "neat" treats free men as slaves. Against: the universal legislative assumption that a law is just a command plus a penalty; the Spartan instinct for brevity. Location: IV.718a–723d.
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Claim: Magnesia is explicitly the second-best city: the truly ideal is the communist polity of shared wives, children, and property with maximal unity, fit "for gods or … children of gods"; the second-best concedes private households under strict limits. Because: the ideal "impose[s] the greatest possible unity," eliminating "my own"; lacking men "born and bred" for that, Magnesia distributes inalienable, lot-sacred holdings (the number 5040, with its 59 divisors), caps wealth at 1×–4× the holding, and bans private gold, interest, and dowries. Against: the Republic's communism as the genuine first-best (so Magnesia is a concession); the impossibility of communism for ordinary men. Location: V.739a–746d (5040: 737e–738b, 747e–748a).
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Claim: Distributive justice requires two equalities blended — arithmetic equality (the lot, democratic) and proportional ("geometric") equality ("the judgment of Zeus," more to the more deserving); statesmanship is proportional justice, but the state must also grant arithmetic equality to keep the peace. Because: "Indiscriminate equality for all amounts to inequality" (757a), breeding faction; genuine equality "grant[s] much to the great and less to the less great," yet the offices are filled by a graded procedure that "effect[s] a compromise between a monarchical and a democratic constitution." Against: democratic insistence on simple equality and oligarchic insistence on wealth — both "fill a state with quarrels." Location: VI.756e–758a.
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Claim: The paradox "no one is unjust willingly" is dissolved by separating injustice (adikia) from injury (blabē), and punishment is cure, never retribution. Because: "voluntary/involuntary" properly qualifies the damage, not the injustice — injustice is a soul-state (mastery by anger, pleasure, or ignorance) and is never chosen, so a man can even "commit the injustice of conferring a benefit" (862a); "no penalty imposed by law has an evil purpose" (854d) — the curable are cured, the incurable executed because death is "best even for themselves." Against: this severs desert from the act; the death penalty for the incurable sits awkwardly with "cure." Location: IX.854d–864c.
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Claim: Wrongdoing has three distinct sources — anger (thumos), pleasure, and ignorance — not one, so intellectualism is supplemented, not abandoned. Because: anger is "unruly and difficult to fight," pleasure "achieves whatever her will desires by persuasive deceit" (863b), and ignorance (esp. "double ignorance") is a third; murders in anger "fall midway between voluntary and involuntary," requiring a graded scheme — anger and pleasure thus act as independent, non-cognitive forces. Against: pluralizing the cause strains the pure thesis that all vice is ignorance, which the Protagoras defends; yet "no one errs willingly" is still retained (731c, 860d). Location: IX.863a–864c, 866d–867b.
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Claim: Soul is prior to body — self-moving motion is the source of all motion, and self-moving motion is what we call soul; the ordered revolution of the heavens then proves the cosmos is governed by the best soul, i.e. by gods. Because: a motion moved by another can never be first, so only motion "capable of moving itself" can be the original source (896a); soul is therefore "older than matter," making reason, art, law, and character "preeminently natural." Heavenly motion is regular "like a sphere being turned on a lathe" (898b) — the closest affinity to the movement of reason. Against: the inference from "self-moving" to "soul" to "divine reason" is the load-bearing and most contestable step; the analogy of circular to rational motion is an image, and it licenses "more than one soul" (898c) — room for an evil world-soul. Location: X.891c–899d.
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Claim: The laws need a "safety device" — the Nocturnal Council, the state's "head and reason," whose members must grasp "the one in the many" (the unity of the four virtues and the single concept behind the instances) and master the theology. Because: like Atropos making the thread "irreversible" (960c), the state needs an organ "that understands the target at which a statesman should aim"; a genuine guardian "must … win through to a knowledge of the single central concept" (965b), not merely see the many instances. Against: the Council reintroduces, at the apex of a rule-of-law constitution, the rule of the knower the Statesman had subordinated to written law — the Laws' final word reinstalls the philosopher-knower it spent twelve books legislating around. Location: XII.960b–968b.
Key Findings
- The rule of law is grounded in the knower's absence. Nomos is "the dispensation of reason" only because no godlike human is available to rule case-by-case (the Cronus myth, 713e–714a); the Laws is the political form of virtue-as-knowledge being unavailable in the flesh.
- The Laws completes the Republic → Statesman → Laws arc — but not cleanly. Where the Statesman ranks rule of the knower first and law a second-best, the Laws makes the rule of law operative for the human condition; yet the young-tyrant instrument (709–712) and the Nocturnal Council (XII) keep the knower in play. See statesmanship.
- Book X is the corpus's fullest natural theology. The priority-of-soul argument — soul as self-moving first cause, "older than matter" — is cosmic soul, sharply distinct from the psychological tripartite soul; it is the metaphysical reply to the materialist nomos/phusis inversion.
- Punishment is the soul's medicine. The adikia/blabē distinction lets the lawgiver keep a graded penal code while holding that injustice is never chosen — cure, reform, and deterrence, never retribution (cf. the Gorgias).
- Intellectualism is most visibly supplemented here. Anger and pleasure are named as independent sources of wrongdoing alongside ignorance (863a–b), answering the corpus's open question in the supplement (not abandon) direction. See socratic-intellectualism.
Concepts Developed
- rule-of-law — law as "the dispensation of reason" governing in the absent knower's stead; rulers as "servants of the laws" (IV.713–715). Subsumes Magnesia / the second-best city (the 5040-household agrarian polity, inalienable allotments), the mixed constitution (the two equalities; monarchy + democracy blended), the Nocturnal Council (the knowing apex preserving the code), and the legislative preamble (prooimion) / "double method" with the free-doctor vs. slave-doctor contrast.
- priority-of-soul — Book X: soul as self-moving first cause, prior to body and "older than matter"; the cosmological argument for the gods (891–899). Cosmic soul, not the psychological tripartite soul.
- punishment-as-cure — Book IX: penalty as medicine of the soul; the adikia/blabē distinction; "no one errs willingly" reworked into cure, not retribution.
- the-athenian-stranger — the unnamed Athenian who replaces Socrates as the constructive lawgiver-philosopher; the anonymous-authority device paralleling the Eleatic Visitor of the Sophist/Statesman.
Concepts Referenced
- statesmanship — THE political sibling; the Laws completes the Republic → Statesman → Laws arc, but the Nocturnal Council complicates a clean rule-of-law reading.
- nomos-phusis — Book X's metaphysical reply: soul prior to body makes nomos rightly grounded = phusis, the truly natural rule; the "advantage of the stronger" definition is staged and rejected.
- the-mean — the political/distributive mean (mixed constitution; the two equalities) and the ethical mean (sōphrosynē); "God, not man, is the measure of all things" (716c) sharpens the anti-Protagorean edge.
- socratic-intellectualism — "no one errs willingly" retained (731c, 860d) yet supplemented by anger and pleasure as independent sources (863a–b).
- tripartite-soul — the golden-cord/puppet psychology (644d) of external divine tugs contrasts with the Republic's internal trichotomy.
- theory-of-forms — the Council's "one in the many" (965) is a Forms-echo in legislative dress, without the separation/participation apparatus.
- plato-statesman, plato-republic — the two dialogues the Laws revises (rule of the knower; the communist first-best city).
Key Passages
"we have unwittingly stumbled on the origin of legislation" (681c) "the half is often greater than the whole" (690e) "His highest good is to become as virtuous as possible" (707d) "Accidents and calamities … are the universal legislators of the world" (709a) "if law is the master of the government and the government is its slave" (715d) "God who is preeminently the 'measure of all things,' much more so than any 'man'" (716c) "two elements, 'law' and 'preface to law'" (723a) "each of us living beings is a puppet of the gods" (644d) "This cord, which is golden and holy, transmits the power of 'calculation'" (645a) "five thousand and forty farmers" (737e) "Indiscriminate equality for all amounts to inequality" (757a) "all wicked men are, in all respects, unwillingly wicked" (860d) "no penalty imposed by law has an evil purpose" (854d) "soul is prior to matter, and … matter takes second place" (896c) "a sphere being turned on a lathe" (898b) "win through to a knowledge of the single central concept" (965b)
What's Not Obvious
- The Laws' final word reinstalls the knower it spent twelve books legislating around. Having grounded the rule-of-law in the absence of any godlike ruler (713e–714a), the dialogue closes by erecting the Nocturnal Council, whose members must "win through to a knowledge of the single central concept" (965b) — the dialectician's one-over-many in legislative dress. The "second-best" admits a sovereign of the first-best kind, so the Laws is internally in tension with its own rule-of-law thesis. See statesmanship.
- Book IX supplements intellectualism rather than abandoning it. The Laws keeps "no one errs willingly" (860d) yet names anger and pleasure as independent, non-cognitive sources of wrongdoing alongside ignorance (863a–b) — forces that "no one chooses" but that are not reducible to false belief. The corpus's standing question ("does Plato ever abandon, or only supplement, intellectualism?") is answered here in the supplement direction.
- The Laws' moral psychology is not the Republic's. The "divine puppet" tugged by cords (644d–645c) — pleasure, pain, fear, confidence, and the "golden and holy" cord of calculation — is a model of external divine tugs, and the golden cord is "soft … pliant" and "needs assistants," where the Republic's logistikon naturally rules. Do not equate the golden cord with the rational part. See tripartite-soul.
Critique / Limitations
The whole proof of the gods turns on its weakest link — the inference from "self-moving motion" to "soul" to "divine reason" (X.896a–899d): an opponent can grant a first mover yet deny it must be psychic or good, and the text itself concedes the argument licenses "more than one soul" (898c), leaving room for an evil world-soul. The Book X theodicy leans on transmigration and "the whole is better than the part." The curative theory of punishment sits awkwardly with capital punishment for the incurable and with graded thought-crime legislation (the five-year "reform center" for the foolish atheist, 908a). And the closing Nocturnal Council reintroduces the rule of the knower the work otherwise argues against. As Plato's unrevised, posthumously transcribed last work, the text is uneven; the raw OCR carries a ≈15× garbled repetition of the drinking-party exchange around 639d–640a (the intact thread resumes mid-passage), recovered here from the surviving clean instance (cf. the Statesman's garbled "two-footed" triplication in the same raw file).
Connections
- extends statesmanship — the Republic → Statesman → Laws arc: the Laws makes the rule-of-law operative for the human (post-Cronus) condition where the Statesman had ranked law a second-best to the absent knower; but the Nocturnal Council reinstalls a knowing apex, so the inversion is internal and incomplete. FALSE-FRIEND: the Laws' "second-best city" (Magnesia vs. the communist Republic, V.739) ≠ the Statesman's "law is second-best to the knower" (293–301) — two different "second-best" axes; do not conflate.
- applies priority-of-soul to nomos-phusis — Book X grounds nomos in phusis by proving soul prior to body, so rightly-grounded law just is the truly natural rule, inverting the sophistic antithesis.
- builds on socratic-intellectualism — retains "no one errs willingly" (731c, 860d) while supplementing it with anger and pleasure as independent sources (863a–b), building a habituation-first psychology closer to the divided soul than to the Protagoras.
- shares mechanism with plato-gorgias — punishment as the soul's medicine, cure rather than retribution; the same disease/cure-of-the-soul model.
- contrasts with tripartite-soul — the golden-cord/puppet model (644d) of external divine tugs against the Republic's internal trichotomy; the cord of calculation "needs assistants" where the logistikon naturally rules.
- is a reformulation of theory-of-forms — the Council's "one in the many" (965) echoes the dialectician's one-over-many without the metaphysics of separation and participation.
Sources
- Laws, trans. Trevor J. Saunders, in Plato: Complete Works (Hackett, 1997), Stephanus 624a–969d; raw file lines 37779–43360.
- Depth layer:
wiki/sources/.extraction-plato-laws.md.