All these and similar projects will beautify and improve a district, and permit some welcome recreation into the bargain. The Wardens’ really serious duties should be as follows. Each squad of sixty must protect its own district not only from enemies, but from those who profess to be [e] friends. If a slave or a free man injures a neighbor or any other citizen, the Wardens must try the case brought by the plaintiff. The five leaders should deal with the trivial cases on their own authority, but in the more important cases (when one man sues another for any sum up to three minas) they should sit in judgment with one group of twelve assistants as a bench of seventeen. Apart from the officials whose decisions (like those of kings) are final, no judge shall hold court, and no official shall fill his position, without being liable to be called to account for his actions. The Country-Wardens are to be no exception, if they treat the people in their care at all high-handedly by giving them unfair orders or by trying [762] to grab and remove any agricultural equipment without permission, or allow their palms to be greased, or go so far as to deliver unjust verdicts. For giving way to boot-lickers they must be publicly disgraced. When the actual injury they have done to an inhabitant of their district does not exceed one mina in value, they should voluntarily submit to a trial before the villagers and neighbors. Whenever larger sums are involved (or even smaller sums, if the accused is not prepared to submit to trial because he’s [b] confident that by moving to a fresh district every month he will get away and ‘get off’ too), the injured party should file suit against him in the common courts.
7. If the plaintiff wins the day,
then this elusive fellow who was not prepared to pay a penalty with a good grace must pay him double the amount at issue.
The way of life of the Country-Wardens and their officers during their two years on duty will be something like this. First, in every district of the country there should be communal restaurants, at which everyone will [c] have to eat together.
8. If a Warden fails to turn up at these meals even for one day, or sleeps away from his quarters at night, except on the express orders of his superiors or because of some unavoidable necessity,
the five leaders may post his name in the market-place as a deserter from his post; if they do, he will have to bear the disgrace of having turned traitor to the state, and everyone who happens to meet him will be entitled to give him a beating if he wants to, without being punished for it.
If one of the actual officers goes so far as to commit this sort of offense, [d] all his fifty-nine colleagues must look into the business.
9. If one of them notices (or is told) what is going on and fails to bring a case,
the same laws should be invoked against him, and he must be punished with greater severity than his juniors: that is, he is to be stripped of his right to exercise any authority over the young.
The Guardians of the Laws should keep a sharp eye on these offenses and try to stop them being committed at all; failing that, they must see that the proper penalties are inflicted.
[e] No one will ever make a commendable master without having been a servant first; one should be proud not so much of ruling well but of serving well—and serving the laws above all (because this is the way we serve the gods), and secondly, if we are young, those who are full of years and honor. It is vital that everyone should be convinced that this rule applies to us all. The next point, then, is that when someone who has joined the Country-Wardens gets to the end of his two years, he ought to be no stranger to a meager daily ration of uncooked food. In fact, after being selected, the groups of twelve assistant Wardens must assemble with the [763] five officers and resolve that, being servants, they will not possess other servants and slaves for themselves, nor employ the attendants of other people (the farmers and villagers) for their own private needs, but only for public tasks. With that exception, they must expect to double as their own servants and fend for themselves; and on top of all that they must reckon to investigate the entire country, summer and winter, in arms, to [b] protect and get to know every district in succession. Everyone should be closely familiar with his own country: probably no study is more valuable. This is the real reason why the youths must go in for hunting with dogs, and other types of chase—quite apart from the pleasure and profit that everyone gets out of such activities.
So much for these ‘secret-service men’ or ‘Country-Wardens’ (call them [c] what you will), and their regimen—a regimen into which everyone who means to play his part in keeping his country safe must throw himself heart and soul.
The next election on our list was that of the Market-Wardens and City-Wardens. There are to be three of the latter, who will divide the twelve sections of the city into three groups, and like their counterparts (the Country-Wardens), will look after the roads, both the streets within the city boundaries and the various routes that extend into the capital from [d] the country; and they must also supervise the buildings, to see that they are constructed to the statutory standards. In particular, they must ensure that the water which the Guards-in-Chief have transmitted and sent on to them in good condition reaches the fountains pure and in sufficient quantities, so that it enhances the beauty and amenities of the city. So these officials too must be men of some caliber, with time to go in for public affairs, which means that every citizen nominating City-Wardens must confine his choice to members of the highest property-class. When [e] they have held the election and produced a short list of six candidates with the most votes, the officials responsible are to select three of them by lot; and these, after scrutiny, should hold office in accordance with the laws provided for them.
Next, five Market-Wardens must be elected from the first and second property-classes. In general, their election should be conducted as for the City-Wardens: ten should be selected from the list of candidates by voting, and then five selected by lot, who after due scrutiny should be appointed to office. (Voting is compulsory for all in every election, and everyone who fails in his duty and is denounced to the authorities should be fined [764] fifty drachmas and get the reputation of being a scoundrel. Attendance at the assembly (the general meeting of the state) is to be optional, except for members of the first and second property-classes, who will be fined ten drachmas if their absence from such a meeting is proved. But the third and fourth classes will not be forced to attend and should not be subject to any penalty unless the authorities, for some pressing reason, instruct everyone to come.) To get back to the Market-Wardens: they are to maintain [b] due order in the market, and look after the temples and fountains, to see that no one damages them. They must punish anyone who commits an offense, a slave or foreigner by whipping him and putting him in chains; but if a native citizen misbehaves himself in this way, the Market-Wardens should be authorized to decide the case on their own and fine the culprit up to a hundred drachmas, the limit being increased to two hundred if they sit in association with the City-Wardens. In their own sphere, the [c] City-Wardens too should have the same power of fining and punishing, and inflict fines up to one mina on their own, and up to two minas in association with the Market-Wardens.
The right thing to do next will be to appoint officials in charge of (A) culture and (B) physical training—two categories of them in each case, one (1) to handle the educational side and the other (2) to organize competitions. By (1) ‘education officials’ the law means superintendents of gymnasia and schools, who see that they are decently run, supervise the [d] curriculum and organize such related matters as the attendance and accommodation of the boys and girls. (2) ‘Officials in charge of competitions’ means judges of competitors in athletics and contests of the arts (there being here again two categories (AB) of officials, one for the arts, one for athletics). (B2) Men and horses in athletic contests can have the same judges, but (A2) in the arts, choruses should properly have (A2a) one set of judges, while solo dramatic performances (given by reciters of poetry, [e] lyre-players, pipe-players and such people) ought to have another (A2b). So I suppose a
good start will be to select (A2a) the authority to supervise children, men and girls as they enjoy themselves in choruses by dancing and every other type of cultural activity. One official, who is to be not less than forty years old, will suffice, and one of not less than thirty (A2b) will [765] also be enough to present the solo performances and give an adequate decision between the contestants. The Chief Organizer of the Choruses (A2a) must be chosen in some such way as this. All those who are keen on such things should attend the election meeting and be liable to a fine if they don’t (this is a point for the Guardians of the Laws to decide), whereas others who do not wish to attend should not be compelled. In [b] proposing their choice the electors should confine themselves to the experts, and in the scrutiny there must be only one reason for accepting or rejecting the candidate the lot has favored: that he is experienced or inexperienced as the case may be. One of the ten nominees with the most votes must be selected by lot, scrutinized, and be in charge of the choruses for the year according to law. Similarly with the year’s entrants for solo performances and combined pieces on the pipes: only after the application of the same criterion should the candidate (A2b) favored by the lot take charge of them and decide between them, having referred the decision in his own case to [c] his judges. Next, (B2) Umpires for athletic contests and exercises of horses and men must be chosen from the second and also the third property-class; it will be compulsory for members of the first three classes to take part in the election, but the lowest class may be let off without a fine. The Umpires should number three, chosen by lot from the twenty candidates who head the poll, and duly sanctioned by the scrutineers.
[d] If anyone is judged and found wanting in the scrutiny after being drawn by lot for any office, another person must be chosen in his place by the same methods, and his scrutiny conducted in the same way.
The remaining official in this field is the director of the entire education of the boys and girls. Here too there should be one official in charge under the law. He must be not younger than fifty years old, and the father of legitimate children—preferably both sons and daughters, though either [e] alone will do. The chosen candidate himself and those who choose him should appreciate that this is by far the most important of all the supreme offices in the state. Any living creature that flourishes in its first stages of growth gets a tremendous impetus towards its natural perfection and the final development appropriate to it, and this is true of both plants and [766] animals (tame and wild), and men too. Man is a ‘tame’ animal, as we put it, and of course if he enjoys a good education and happens to have the right natural disposition, he’s apt to be a most heavenly and gentle creature; but his upbringing has only to be inadequate or misguided and he’ll become the wildest animal on the face of the earth. That’s why the legislator should not treat the education of children cursorily or as a secondary matter; he should regard the right choice of the man who is going to be in charge of the children as something of crucial importance, and appoint [b] as their Minister the best all-round citizen in the state. So all the officials except the council and members of the Executive5 should meet at the temple of Apollo and hold a secret ballot, each man voting for whichever Guardian of the Laws he thinks would make the best Minister of Education. The one who attracts the largest number of votes should be scrutinized by the officials who have elected him, the Guardians of the Laws standing [c] aside. The Minister should hold office for five years, and in the sixth he should be replaced by his successor after an election held under the same rules.
If any public official dies in office and there are more than thirty days of his tenure left to run, the officials concerned must follow the same procedure as before and appoint a replacement. If a guardian of orphans dies, the relatives on both the mother’s and the father’s side (as far as the children of first cousins), provided they are living in the state, should appoint a successor within ten days, or be fined a drachma for every day [d] they let pass without appointing the children’s new guardian.
Of course, any state without duly established courts simply ceases to be a state. If a judge is silent, and (as in arbitration) has no more to say than the litigants in a preliminary hearing he’ll never be able to come to a satisfactory decision on the cases before him. That’s why a large bench finds it difficult to return good verdicts—and so does a small one, if its members are of poor caliber. The point in dispute between the parties [e] must always be made crystal clear, and leisurely and repeated interrogation over a period of time helps a lot to clarify the issues. That is the justification for making litigants bring their charges initially before a court of neighbors, who will be their friends and understand best the actions which provoke [767] the dispute. If a litigant is dissatisfied with the judgment of this court, he may apply to a second, but if the first two courts are both unable to settle the argument, the verdict of the third must close the case.
In a sense, to establish a court is to elect officials. Every official, you see, sometimes has to set up as a judge as well; and a judge, although strictly he has no official position, becomes in a way an official of considerable importance during the day on which he sits in judgment and gives his verdict. So on the assumption that judges too are officials, let’s specify [b] what judges will be appropriate, the disputes they will decide, and how many should sit on each case. The court appointed by the common choice of the litigants themselves for their own private cases should have absolute authority. Cases may be brought before the other courts for two reasons: one private person may charge another with having done him wrong, and bring him to court so that the issue can be decided; or someone may believe that one of the citizens is acting against the public interests and wish to come to the community’s assistance. Now we must specify the character [c] and identity of the judges.
First, let’s set up a common court for all private persons who are contesting an issue with each other for the third time. It is to be formed in some such way as this. All officials whose tenure lasts for a year or longer should assemble in a single temple on the day just before the new year opens in [d] the month after the summer solstice; then, after swearing to the god, they must offer him their choicest fruit, so to speak: each board of officials should contribute one judge, the man who appears to be the outstanding member of his board and seems likely to judge the cases of his fellow citizens during the coming year in the best and most god-fearing manner. When the judges have been chosen, their scrutiny should be conducted before their very electors, and if any one of them is rejected, a replacement should be chosen under the same rules. Those who pass the scrutiny are to sit in judgment on the cases of the litigants who refuse to accept the decision of the other courts. They are to vote openly, and it will be [e] compulsory for the Councillors and the other officials who elected the judges to watch and listen to the trials; others may attend if they wish.
If anyone accuses a man of having knowingly returned a false verdict, he must go to the Guardians of the Laws to prefer the charge.
10. If the accused is found guilty as charged,
he will have to pay to the injured party half the damages awarded; if he is thought to deserve a stiffer punishment, his judges must calculate the additional penalty he should suffer or additional fine he ought to pay to the state and his prosecutor.
[768] As for charges of crimes against the state, the first need is to let the man in the street play his part in judging them. A wrong done to the state is a wrong done to all its citizens, who would be justifiably annoyed if they were excluded from deciding such cases. But although we should allow the opening and closing stages of this kind of trial to be in the hands of the people, the detailed examination should be conducted by three of the highest officials, chosen by agreement between prosecutor and defendant. If they are unable to reach agreement themselves, the council should decide between their respective choices.
[b] Everyone should have a part to play in private suits too, because anyone excluded from the right to participate in trying
cases feels he has no stake in the community whatever. Hence we must also have courts organized on a tribal basis, where the judges, being chosen by lot as occasion arises, will give their verdicts uncorrupted by external pressures. But the final decision in all these cases is to be given by that other court which deals [c] with litigants who cannot settle their case either before their neighbors or in the tribal courts, and which for their benefit has been made (we claim) as incorruptible a court as can be assembled by human power.
So much for our courts (and we admit that to call their members either ‘officials’ or ‘non-officials’ without qualification raises difficulties of terminology). We’ve given a sort of superficial sketch, which in spite of including a number of details, nevertheless omitted a good many, because a better place for presenting an exact legal procedure and classification of suits [d] will be towards the end of our legislation. So this theme may be dismissed till we are finishing off. We have already explained most of the rules for establishing official posts, but we still can’t get a completely clear and exact picture of every individual detail of the entire constitutional organization of the state: for that, we need to take every single topic in proper sequence and go through the whole subject from beginning to end. So far, then, [e] we’ve described the election of officials, and that brings us to the end of our introduction. Now to start the actual legislation: there’s no need to postpone or delay it any longer.
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