Investigating Platonian Law and its Relevance in the Society and Times We Exist in - Book Report/Review Example

INVESTIGATING PLATONIAN LAW AND ITS RELEVANCE IN THE SOCIETY AND TIMES WE EXIST IN The Laws is the longest and final dialogue of Plato. It would be necessary to study the circumstances under which Plato is said to have written the dialogue. The motivation to establish the laws that the state should adopt to mete out justice, the authority of the state might have been expounded before in The Seventh Letter. The letter details Plato's interaction with the tyrannous ruler of Syracuse, Sicily, Dionysius II. The philosopher had faced great humiliation and greater atrocities at the hands of his prospective pupil and his factious court. Therefore, on his escape back to Athens this ordeal might have influenced him to expound the structure of civil governance, authority, liberty and justice. This particular dialogue, for greater part in history, had been neglected as opposed to Plato's monumental Republic. He uses the imaginary city of Magnesia to create an ideal city-state and establish an ideal political and judicial structure in the city. 1 This he establishes by a dialogue between an Athenian stranger, who acts as a representative for Plato, Megillos, a Spartan and a Cretan politician and lawgiver, Kleinias. The dialogue, since it takes place outside of Athens, does not figure Socrates. The book begins showing the Athenian stranger who is believed to be speaking for Plato himself; meet the other two characters in their journey to the cave of Zeus, a pilgrimage spot. During their journey to the cave of Zeus, Kleinias mentions that as a lawgiver and politician of Crete he has been entrusted with the job of establishing the judicial system in the city of Magnetes or Magnesia, in conjunction with nine other distinguished politicians from his city Knossos, and seeks the assistance of the stranger in the process of establishing the laws.2 The journey in itself is symbolic and resembles the journey of Minos to the cave, every nine years, to receive instructions from Zeus. It was believed by Cretans that Minos had set down their ancient laws and that he did so after receiving the instructions from Zeus himself, and went back every nine years to receive fresh instructions. It also happened to be the longest day in the calendar. 3Therefore, it provides enough scope to Plato to squeeze in twelve chapters in the dialogue. The dialogue therefore helps to establish an ideal society and ideal set of laws for this imaginary city based on the dialogue between these three characters. The dialogue though similar in parts with the Republic also varies differently in various aspects which would be dealt with later in the essay and is considered by many to be a more comprehensive and serious study of political philosophy.4 The treatise deals with issues such as Divine law, divine law giving and divine revelation The significance and role of intelligence in law-giving5 Natural law and natural right, theories which had a propound impact on future generations of philosophers such as Locke, Voltaire, Rousseau and the founding fathers of America and were incorporated both in the American Declaration of Independence and The Declaration Of human Rights 1789.6 The correlation between religion, politics, and philosophy In short, the treatise was the founding stone of natural jurisprudence, which had many followers in subsequent generations. Plato mentions in the book that the system of jurisprudence in ancient Greek city-states such as it existed in both Crete and Sparta were insufficient in the purpose for which the system was actually created. In the first two books, Plato tries to ascertain what the sole purpose or goal of such an institution of legislation might be. It is here that he argues that the prevalent judiciary and laws governing them went errant and points to a lack or non-existence of a verifiable end. This end, he argues, must be based on virtue or the accomplishment of virtues such as justice, courage, wisdom and moderation among the larger section of the society and promote these virtues within the citizens. Therefore, the legislative authorities and laws governing them must try to attain this goal and therefore the aim is to produce an ideal city prospering with virtuous citizens. 7 As mentioned before by the end of book three Kleinias informs the others of the duty entrusted on him and other nine citizens of Knossos to create an ideal city in Magnesia. Books four to twelve tries to establish by dialogues between the three characters what the criterion for an ideal city might be and what its laws should be. The major contributor of ideas is that the Athenian or Plato himself or as some detractors have said, might have been Socrates' views. He sketches for the Cretan, the constitution, political and social institutions, laws of the city and argues in favor the political and ethical principles in an effort to justify them.8 The Laws as in Republic deals with the creation of a good the ethical city. It discusses the political theory as well as moral and psychological material. Therefore, it is necessary to evaluate the relation between the dialogues of the Laws and the Republic. Earlier it was understood that in the Republic Plato states what an ideal city would be like. On the other hand, the Laws deal with the city, which would be best giving a bit pessimistic assumption of the capabilities of human nature. 9 Deciphering whether both these works were similar and not, in their approach and goals, one would have to look at this work from two different points of view. The first would be to realize that Plato might have thought that it was possible to have a city that would be virtuous, as in the republic, based on his assumption that the human nature was inherently positive. 10 When this point is taken into consideration one is led to believe that the laws was an extension of his work in the republic. The other point of view could be that Plato realized through his own experiences after the republic was written that it might not be possible to rely on the human nature and that such great insistence on the citizens being psychologically trustworthy might be impossible to assume based on the failings of human nature. Therefore, even if it might have been possible to establish a city as in the republic, psychologically or philosophically, it might not be possible to establish the city realistically. 11 This might have been because of his experiences in Sicily after which he may sense that the two works differed greatly. In the fifth book the Athenian says," Anyone who uses reason and experience will recognize that a second-best city [deuters pros to beltiston] is to be constructed That city and that constitution are first, and the laws are best, where the old proverb holds as much as possible throughout the whole city: it is said that the things of friends really are in common."12 Therefore, the effort was to establish the second best city. This points to the fact that Plato might have endorsed his earlier views but found that it was not realizable. Therefore, he attempts to create a city, which is not as highly virtuous as the former but was more practicable and realizable due to its constitution.13 However, such an assumption may be futile in its effort because it cannot be safely assumed that Plato reconfirmed his trust in all the political, psychological, societal, ethical and epistemological views he had earlier expressed. In the Republic the political arrangement are involved by, and are dependable with many different sets of grounds, some of those are reciprocally contradictory. Unlike the city postulated in the Republic, the dialogues of the Laws endorses the amalgamation of community of property, women and children with the objective of making the city as united as possible. To do so it does not support the Republic's system of making a unified city by establishing a certain kind of communities and families. In the Republic all, the major rights and decision-making were for the elite class thereby neglecting the subordinate class, children, and women. The Laws presents the "first-best" city, not like the Republic but a unified city, which has a proper representation in the social and political institutions of the state encompassing community of property and women and children. Therefore, the argument to hold that the city described in the Laws as the second best city does not propose the idea that the city mentioned in the Republic is Plato's idyllic political layout. The Laws represents a scenario where a city comprises of citizen focused in a highly ethical claim. 14 Plato has depicted Magnesia to be located in Crete at a location ten miles from the sea, which was inhabited by settlers previously but is currently vacant. The city is self sufficient without much excess for export. Plato feels that this condition of the city does not promote active trading, where as the distance from the water body is a gain simply because no maritime trade can flourish in the city. In the city of Magnesia, they dispirit the idea of maritime trade with other places because this might corrupt the city by cultivating the love for money making among the citizen. Commercial access to Magnesia would also allow close acquaintance with the foreigners who beget innovation and are not as ethical as the people of Magnesia because the standard of ethical education afforded to Magnesians is higher and that of the foreigners is open to suspicion.15 The city was to be fairly populated and the population was to be maintained by proper immigration as well as emigration policies. Each household was to be allotted two pieces of land one nearer the city and the other nearer to the city walls.The manner in which land was to be allotted would ensure self-sufficiency and a pleasant lifestyle if not a luxurious one. The feeling of private ownership of land was not encouraged but the feeling of state ownership of all available land was to be inculcated within the minds of citizens. It was common property owned by the city and the landholders were indeed shareholders in this common property. Restrictions were imposed on the uses the land could be put to. The land provided would suffice generations of that household. Every household also had to, within their own limitations; support the common meal program of the state. 16 There were four strata of society that was established based on property. The highest strata had within their possession three to four times the amount of the lot, the second strata had between two to three times the properties of the lot and so on. Anything acquired above this sealing was to be confiscated by the state. This seems unnatural under the times we stay in but this what he postulated then. Further gold could not be owned as an asset by any family or individual and was to be the asset of the state only. Another intriguing aspect is that of citizenship. Foreigners and slaves though an important organ within the state, without whom the menial jobs could not be done or trade within the city would not prosper, were not counted as citizens. Citizenship was hereditary but an off spring had no right to parental land as long as the father was alive. Trading occupations and menial jobs were not meant for the citizens. The landholders and heads of households were thus citizens though owning of lad was not the only pre requisite. Citizens were liable for military duty or elections at the age of 20 and could hold public offices when they turned thirty. Women lacked the right to own any property independently. However, they could also enroll in the military. They could run elections and hold state offices as opposed to the Aristotelian view where women had no political right. This was done to create a unified city. Education and the imparting of it thereof was also an important task goal to be achieved.17 The political framework or politeia consisted of four major organs: koinos sullogos orekklsia- the assembly boul-the council nomophulakes-the magistrates and legislators nukterinos sullogos - the court or Nocturnal Council 18 The assembly was the main electoral organ of the state and was responsible for a variety of functions such as the election of legislators or magistrates, immigration policies regarding the metics i.e. foreigners, judging offences, conveying proposed changes in the law et.al. It comprised of all citizens and most notably the current and previous employees of the military. The council comprised of 360 citizens, ninety each from each strata, who had been voted in electoral mode, with one-year terms. It exercised ordinary administrative powers such as calling and dissolving the assembly, entertaining ambassadors etc.19 The nomophulakes had 37 members, each serving from the age of fifty- seventy. Their main task was to review the current legal framework and the laws and propose any changes deemed necessary. They supervised the difficult cases regarding abuse of laws, property and family feuds. They had supervisory power over the magistrates though penalizing them was not under their jurisdiction. They had wide-ranging supervisory powers over the citizens and had the power to penalize citizens accumulating wealth beyond the state approved norms and also were in charge of orphans. There was an elaborate system of other political institutions within the state apart from the four aforementioned organs. This was an innovative system and the citizens had the right to appeal against any decision, which might have gone against him. Therefore, Plato was able to establish that apart from the natural rights of humans it was also their right to have proper representation and access to justice.20 There has been much debate on the role of the nocturnal council. In book 10, the council is clearly mentioned and primarily an educational motive is assigned to it. The objective of the nocturnal council was to educate and thus reform violators of law who had been imprisoned; their acts of immorality guided by ignorance rather than bad character.21 The nocturnal council comprised of the 10 oldest magistrates, the current and previous supervisors of education, honorable citizens and examiners, citizens who might have been invited to attend a meeting due to his experiences gathered while traveling abroad on official duty or other younger nominees of the older magistrates.22 In book 12 the Athenian stranger remarks," If this divine council should come into being for us, dear friends, the city ought to be handed over to it [paradoteon touti tn polin]." 23 It is because of this remark that the authority entrusted in the hands of the nocturnal council has come under great contention and debate. Because this seems to imply that, the council had far-reaching and absolute power. This was similar to the idea postulated by Plato earlier in the Republic wherein he entrusted unlimited powers to the philosopher kings. This seems improbable because the implication would violate Plato's own stand earlier in the Laws wherein he stated that unlimited powers in the hands of even educated people could lead to corruption and abuse of such power. 24 Some researchers are of the view that the council was strictly an informal organization. In book 12 Plato comments," those who will really be guardians of the laws" and if properly educated, be, "made into guardians whose like, with respect to the virtue of safekeeping, we have not seen come into being in our lives previously." 25 The idea was to create an organization with far reaching political influence without making it fully autocratic. The discussions conducted in the meetings of the council could help in reviewing and hence establish laws as deemed appropriate. The structure of the council allowed future political leaders the opportunity to gather experience and knowledge from their older counterparts. It also tried to achieve a greater level of virtuousness in the society. 26 Another cause of disagreement regarding the nocturnal council and therefore Plato's doctrine was regarding Plato's perception of the ethical propriety of the two lowest strata of the society, as these strata are still not represented properly in the judicial framework and have little or no active participation in it. Therefore, in spite of their education and rational thinking, the fact that the council enjoyed greater political authority might in turn them inert. 27 In an effort to try and resolve the controversies arising from the dialogue a proper understanding of the preludes or introduction as provided by Plato is necessary. One of the main innovations in the laws regarding the society as a whole was to promote rational thinking in the society. Lawmakers and givers were not to simply force the law on the people. They were to provide them with proper reasons for following the law and understand why the law was important and what it signified and the ethical truths that were attached to it.28 Based on Plato's postulates in books 4, 9 and 10, the preludes signified a general guide line for ethical rationale behind the laws and the duty of the legislators and the magistrates to promote these among the society. It outlines why the law givers had to persuade the members of the society in abiding by the laws. This is the reason why education was such an important instrument within the society. It was necessary to install good virtues among the citizens and make then understand why virtuous actions were necessary and merited whereas immoral actions were punishable. 29 It is therefore possible to distinguish the difference in ideas expressed in the Republic and the Laws. The reasons being the lack of education and promotion of rational understanding of the public as expressed in the Republic but later deemed necessary in the Laws. Wherein the Republic this privilege was reserved for the highest strata of the society or the philosopher kings, this privilege is extended to the general public. 30 Throughout his dialogue, Plato cites divinity and other such issues such as morality as cornerstones of a legal framework. Modern philosophers especially from schools of thought as those of analytical and normative jurisprudence discount on this fact and try to separate morality or ethics from the judicial system and laws. For example, a person when he starts earning should, normally or naturally, be supporting his parents through old age in order to observe a higher ground of virtue. However, this is not what we see in the society now. Even though it is a moral obligation, there is no legal obligation as to why the person would do the same and even if he chooses not to do it, it is not legally punishable. Therefore, the need for written laws that were one for all was required and this seems to be the major flaw in Plato's Magnesia. The total representation of the demographic cannot be achieved simply because the lower strata or slaves have no political or judicial authority. 31 The dialogue takes place between elderly scholars who at best do not represent the necessities of the youth. There is an undercurrent in the approach of elderly towards the issue deeming that they were wiser because of their age. This might not necessarily be the case. The fact that women cannot hold private property is something that people of this age can identify with. This is the reason why feminist jurisprudence was later propounded and deemed necessary to be incorporated with the theory of natural law. Additionally Plato was essentially dealing with city-states. These were small republics with small populations. Under the current state of this world, the laws as postulated by Plato would simply not hold its own. It is the basic nature of man to look after his own well-being before he concentrates on the wall being of the society.32 Therefore, it is impossible to define how much private property can be allowed. There has been much debate on the issue of private property and the system postulated by Plato may seem autocratic to the lot. It was because of such issues that modern day philosophers such as Hobbes, Austin and Hume have rejected the idea of natural law. Though the concept of natural law is ascribed to Aristotle, Plato was the first person to propound its need and the former being his pupil might have influenced his ideas on the same.33 In conclusion it should be mentioned that legal positivists such as Jeremy Bentham and John Austin believed that the law was to be posited and the rules framed should be in accordance with the socially accepted needs and rules. Additionally it keeps one question unanswered as to how, the nocturnal council could be supervised and it was to be ensured that this organization did not take on autocratic position. The work should be given its due for being an innovative thought and being the foundation on which later legal, political, ethical, societal philosophies were based but it also one, which is, seems irrelevant in today's age. It succeeds in providing a framework but keeps many questions unanswered.34 Bibliography: Allan, Alfred, Maria M. Allan, Debra Kaminer, Dan J. 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