American Philosophical Association

American Philosophical Association
The Demiurge in Politics: The Timaeus and the Laws

Author(s): Glenn R. Morrow
Source: Proceedings and Addresses of the American Philosophical Association, Vol. 27 (1953 -
1954), pp. 5-23
Published by: American Philosophical Association
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The Demiurgein Politics:The Timaeus
and theLaws*
GLENN R. MORROW
No one can studythe Laws criticallywithoutasking what Plato

was tryingto do when he wroteit. It is a questionmuch more puz-
zling than it may seem at firstsight,and a varietyof answershave
been givento it. One answeris to denythatPlato ever wroteit. This
was the answergiven by the greatZeller in his youth,and only the
explicittestimonyof Aristotlesaved it then,and has saved it since,
frombeing classed as spurious.But doubt will not die, and at least
one voice has been raisedrecentlysuggestingthatit may,afterall, be
betterto disregardAristotle'stestimony than to admitthis as a work
of the"divinePlato."' What preciselyare thedifficulties? Most readers
of the Laws feel thatit lacks the charm,the vivacity,and the clarity
lies deeperthanthat.Like
of Plato's earlierwritings.But the difficulty
the Republic,the Laws seems to be concernedwith portrayingan
ideal state.We naturallyassumethatwhen Plato decidedin his later
yearsto composea secondfull-length accountof his politicalideal, it
is because he has changed his ideal or chosen a new approach to
the old one. But there are difficulties in acceptingeitherof these
alternatives.We cannotacceptthe first-thathe has changedhis ideal
-without ignoringthosepassagesin the Laws (few in number,but
none thelessemphatic)whichsay or implythatthelaterproposalsare
"second-best";the ideal of the Republicseemsstillto be the standard
of judgment.The difficulty in assumingthatit is a new approachto
theold ideal is thatthenew approach,ifthisit is,seemsto ignorewhat
was theheartand soul of theearlierdoctrine.The centralthesisof the
Republic is the rule of philosophy."Until philosophersare kings,or
the kings and princesof this world have the spiritand power of
*Presidential
addressdeliveredbeforethefiftiethannualmeetingof the Eastern
Divisionof the AmericanPhilosophicalAssociationat theUniversity
of Roches-
N.Y., December28, 29, 30, 1953.
ter,Rochester,
AMERICAN PHILOSOPHICAL ASSOCIATION
philosophy, citieswillneverhaverestfromtheirevils"(473d). Zeller

maintained thatthisdoctrine is notfoundin theLaws,and hismas-
terlyexposition has moulded the opinionsof generations of students.
"The Republicmakesphilosophy thegroundwork ofrationalpolitical
lifeand,presupposing philosophical rulers,plansthestatepurelyfrom
theIdea; theLaws seeksto showhowfar,and through whatmeans,
thestatemaybe adequateto itstaskwithout thispresupposition."2
Thisdilemmapointstoan innercontradiction in Plato'slaterpolit-
ical theory. Acceptingit, we are tempted, again followingZeller's
lead,to explaintheconfusion in theLaws bypersonal and psychologi-
cal factors-Plato's advancedage, the over-clouding of his original
idealism, doubtofthepossibility ofrealizing hisearlierideal,orbitter-
nessin hisviewoftheworldandofhumannature. SinceZeller'stime
theincreased attention given to the Seventh and EighthLettershas
revealed theextent ofPlato'sinvolvement in theschemes ofhisfriend
Dion in Syracuse and thedeepdistress he feltat thefailureof these
schemesand thediscredit it broughtuponDion and the Academy.
Hereareeventsthatmaybe expected tohavetheirechoesin theLaws,
eventsthatmusthavegivena peculiarcolorto Plato'slateroutlook.
Wiliamowitz makesthemostof them.In hisbiography of Platothe
chapter devoted to the Laws bears thetitle and
"Resignation"; Wiliam-
owitzusesthistheme explain merelydetailsand obiterdicta,
to not
buteventhecentral content andpurpose ofthework.Butexplanations
of thissort,howeverhumanlyappealing,have the immensedefect
of leavingphilosophically unexplained the apparentinnercontradic-
tionin Plato'sconception. If theytellus all thatis to be said,theLaws
remains, as Miillercontends, a Zwitter-ahybrid, a hermaphrodite-
itspolitical idealhopelessly confused."
Furthermore, theseexplanations based on the circumstances of
Plato'slaterlifearereallynotveryconvincing. Platowas indeedmore
thaneightyyearsold whenhe laid downhis stylus, theLaws still
lacking his final touches; but we must assume that he had beenwork-
ing on it for a longtime,certainly forthe last tenor twelve yearsof
his Advanced
life. age mayexplain certain characteristicsof styleand
arrangement, but the conception ofthe whole belongs to the periodof
the great dialectical the the
dialogues, Sophist, Statesman, and the
Philebus.Nor is it to
convincing regard the differences between the
Laws and the Republic as the result merely of disillusionment and
resignation-as ifhe hadoncehopedto seerealizedthestatedescribed
in theRepublic, butfromhisexperiences in Sicilyandhisotherobser-
6
THE DEMIURGE IN POLITICS
vationsof Greekpoliticshad abandonedit to accepta lowerconception
of thepracticable
ideal.Platodidexperience as the
disillusionment,
SeventhLetterclearlyshows (325c-326b);but if we use this as evi-
dence,we mustrecognizethatthe disillusionment came much earlier
than his experiencesin Syracuse;it came, in fact,beforehis firstvisit
toItalyandSicily, indeedbefore thewriting oftheRepublic. Of all
thedialogues, theGorgias, a relatively the
earlyone,expresses deepest
pessimism aboutpolitics. Thereis verylittle optimism in theRepublic
as tothepossibility ofrealizing Socrates'cityofphilosophers. "Is our
theory a worsetheory because we areunableto provethepossibility
ofa citybeingordered inthemanner described?" (472e).Noris there
anyconvincing evidence thatPlatotried tosetupinSyracuse, orany-
where else,a living replica ofthatState, withitsunfettered ruleofthe
philosopher-kings andthecommunity ofwives, children andproperty.
If we taketheLetters as evidence--and are
they practically theonly
evidence we have-Plato triedtosetup in Syracuse a government of
laws,something inprinciple quite similartothe constitutiondescribed
in theLaws4.Againwe aretoldthatPlatotooka verydimviewof
human nature inhislastyears. "Humanaffairs areunworthy ofearn-
esteffort,"says the Athenian Stranger (Laws,803b). But we find the
samesentiment, expressed in almost identicalwords, in theRepublic
(604c).In neither caseneedtheybe takenas expressing thewholeof
Plato'ssentiments. "Necessity compels us tobe in earnest,"theAthe-
nianStranger immediately adds, and the philosopher goesonwithhis
workoflegislation. Whatonefindsin theLawsis notresignation,
as compared withtheRepublic, butrather a morecomprehensive
graspof thedifficulties thathaveto be overcome, a moreintimate
understanding ofthematerials thestatesman hasto use,a moreper-
sistent
effort toworkoutin itsdetails thepoliticalideal,as it could
be realized infourth-century Greece. Thisdoesnotaccord at all with
thehypothesis ofresignation. Disillusionment andresignation arefar
morelikely toshowthemselves ina flight fromtheperplexities ofthe
worldthanin thepainstaking effort to master theseperplexities to
which Platodevoted a considerable partof theclosing yearsof hislife.
As an alternative to theseinconclusive ventures intoPlato'spsy-
chology, I suggest thata better clueto understanding theLawsand
itsrelationtothepolitical idealoftheRepublic is tobe foundin the
Timaeus, moreparticularly in theworkoftheDemiurge described
there.The Timaeusbelongs to thesameperiodofPlato'slife.Like
theLaws,itis sharply distinct,bothinstyle andincontent, from the
7
worksof Plato's middle age. In no otherdialogue had Plato ever at-
temptedto deal seriouslyand systematically with the materialof em-
pirical science. What we have in the earlierdialogues touchingthis
point is that the world of Becoming imitates and participatesin the
Ideas; just how it does so is nowhere discussed,and only rarely,and
as it were incidentally,is there any hint of the implicationsand
presuppositions involvedin this theoryof two worlds,the world of
ideal Forms and the world of imperfectimitations.But these are
preciselythe greatmattersdiscussedin the Timaeus. The bridgebe-
tween the two worlds is a metaphor-themetaphorof the cosmic
Demiurge,or Craftsman,who by his knowledgeof the ideal Forms
and his acquaintancewiththematerialshe has to workwithconstructs
a worldin the likenessof the ideal,as nearlyas his materialswill per-
mit him. We cannot enterhere into the metaphysicalvalue of this
rich and suggestivemetaphor.Whetheror not it satisfiesus, it is
Plato's mostconsideredanswerto the questionof therelationbetween
his two worlds;and theimportancehe attachedto it can be measured
by the care with which he pursuedits implicationsthroughall the
detailsof physicaloccurrence.
The analogy with the Laws seems to me exact and telling. It
may seem to some personsunworthyof the divine Plato to occupy
himselfwith such thingsas the laws of inheritance, the registersof
property, the regulationof funeralexpenses;or with the organization
of songs,dances,and athleticcontests;or with questionsof drainage
and water-supply in rural areas.A large part of the Laws consistsof
just such materials-materialson a par, certainly, with the discussion
of respiration, the mechanismof vision,or the functionsof the liver
and the spleenthatwe findin the Timaeus. What has not been fully
realized is the extentto which this materialin the Laws duplicates
the practicesand principlesof historicalGreek cities.Plato seems to
have been well acquaintedwith the politicalrealitiesof his time.He
had made a specialstudyof the Spartanconstitution, with its archaic
dual kingship,its Gerousiaor body of Elders,and its Ephors; and he
had a historicalconceptionof the way in which thatconstitution had
cometo be whatit was in thefourthcentury. Something also he seems
to have known of the constitution and laws of Cretancities.The tra-
ditionsaboutAthensand thereforms of Solon he knew,and of course
the Athensof his own lifetime,with its assembly,council,prytanies,
its courtsof law, its divisioninto tribesand demes,its multitudeof
officers and the laws theywere responsiblefor enforcing.He knew
8
Athenian law, not merelyas an intelligentcitizen might come to

know it throughpersonalexperience,but as it would be known by
an academicstudent,interested in systematic and accurateunderstand-
ing. The extentand accuracy of Plato's knowledgeis apparentnot
only from a multitudeof casual and passingreferences,whose signifi-
cance is clear only when we understandthe politicaland legal prac-
ticesof his time,but also in his own code of legislation.Here we find
him using not merelythe classifications and principles,but also the
of
legal terminology positive law-such terms and phrasesas we find
in the inscriptions,or in the oratorswhen theycite the law. Plato's
interestextendedbeyondthe citiesI have mentioned--certainly to the
Ceians and the Locrians,bothof themwell-governed peoples,he says
(Laws 638b), to theEgyptiansand Carthaginians(637e,674a,656dff.,
747c,819a), to Heraclea and Thessaly (776d) and probablyalso to
manyotherswhichhe had no occasionto referto byname.Rostovtzeff
has recentlydeclared,with some exaggerationbut with essentialin-
sight,thatPlato's Laws is a collectionand codification of the whole
of Greeklaw.5
This vast accumulationof empiricalknowledgemust have cost
Plato many hours of labor,but it was necessaryif he was going to
operateon the world of Becomingand remoldit in the likenessof
the ideal. I do not suggestthatPlato arrogatedto himselfthe role of
a cosmicdemiurge.But everysoul,he taught,thathas had any vision
of the ideal is underan obligationto tryto transform the sense-world
into its likeness.6Plato did desireto reformthe city-state of his day.
This I thinkis a judgmentwith which most contemporary scholars
would agree. It mattersnot that he thoughthe could best influence
his world,not by directpoliticalaction,but by teachingothershow
to thinkand act-as Callicles puts it in the Gorgias,by muttering
with a few studentsin a cornerinsteadof speakingout like a man
beforethe Assembly.'Plato thoughthis greatestcontribution was to
be made throughhis Academy;forone of the major functionsof the
Academy,if not its principalpurposein Plato's eyes,was the training
of statesmen,or legislativeadvisers.Some fifteenor twentypersons
are named by various ancientwritersas membersof the Academy
duringPlato's lifetimewho went to one cityor anotheras legislators
or legislativeconsultants.How did the Academyprepareits members
for theseessaysin legislationand constitution-making? By the study
of mathematicsand dialectic,of course-forthe statesmanmust first
of all be a philosopher;but also, it seemsclear,by the studyof Greek
law and politics.It is too oftenoverlookedthatin theRepublictheedu-
cationofthephilosopher-kings includesmorethantheabstractsciences.
Plato prescribesfifteenyearsof mathematicsand dialectic,followed
by fifteenyearsof servicein subordinateadministrative posts,before
the candidatefor guardianshipis completelytrained(539e ff.). The
Academywas not a polis and it could not offerits studentsthe advan-
tagesof actualexperiencein office;but it could encouragethemto gain
a wide knowledgeof the historyand charactersof actual states.This
it almostcertainlydid, forPlato's interests and inquirieswould estab-
lish a normforthe others.Aristotle,the greatestof theseothermem-
bers,was himselfa masterof empiricalinquiryin politics;thefounda-
tionsof thismasterymusthave been laid, and the impulseto attainit
acquired,duringhis twenty-year residencein theAcademy.8These are
familiarfacts,but I mentionthembecause I believewe have seldom
taken in theirfull significance. Legislation,for Plato, was not a by-
product of a full life,but its crown and consummation.
Let us returnnow to the metaphorof the craftsman, one taken
froma fieldof rationalactivitywith which Plato seems to have been
well acquainted.?The AthenianStrangerwho leads the discussion
in theLaws is makinga state.As theworldcraftsman in the Timaeus
has to use the stuff that is available, with its determinate but unor-
ganized and irregularly co-operating powers, so the politicaldemiurge
has to use the institutions, customsand traditionsof fourth-century
Greece.These are not alwaysthe best adaptedto his purpose,but as
a good craftsmanhe selectsthem carefullyand handles them with
skill so as to bringabout as close a likenessas posible to the ideal.
And what is the ideal he is imitating?Let us assumeforthe moment
it is the ideal describedin theRepublic.Even so, it would seem to be
somewhatdistortedwhen projectedconcretely on the plane of history.
Platonistsand anti-Platonists alike have seldomtriedto thinkout what
it would mean to Plato to realizehis ideal, i.e. to give it a body,with
a definiteplace in space and time,withconcretecharactersand habila-
ments.The idealistoftenshrinksfromsuch a task,forhe cannotre-
nounce any of the rich store of possibilitiesthat his ideal contains
when merelycontemplated. We can thinkwithvast satisfaction of an
ideal woman,withherpanoplyof abstractexcellences;but if we want
to see one, or have one, she mustbe eitherblondeor brunette, Ameri-
can, French, Greek or of some other determinate nationality,with a
definiteage and a fixedassortment of relatives.The Laws shows that
Plato did not shrinkfromthe task of puttinghis politicalideal into
10
a determinate form.Even in theRepubliche givesit a certainamount
of bony structureand living flesh; the philosopher-guardians must
and
propagatethemselves, boys and girls must be trained to be men
and women; hence the regulationsregardingmarriageand the edu-
cation of the young. But the specificinstitutions mentionedin the
Republic are surprisinglyfew. There is not even a sketch of a govern-
ment.But in theLaws he makesthe picturefullyconcrete.Let us see
whatthismeans.
In the Republicthe portrayalof the ideal is independentof geog-
raphyand history.The stateSocratesdescribesmightbe in the Pelo-
ponnesus,or one of the islands,in Plato's nativeAttica,or in heaven
only,as Socrateshimselfonce suggests.But the statedescribedin the
Laws is a Cretancolony,located in the plain of the Messara in the
southcentralportionof the island,about eightystadesfromthe sea,
witha usableharboror harborson thecoast,witha terraincontaining
a mixtureof forest,mountainand plain, generallyproductive,but a
littlelackingin lumberforship-building(704b-705c).1? Again it is a
colony made up of emigrants from other Cretan citiesand fromthe
Peloponnesus under the leadershipof Knosos (702b ff., 707e ff.); and
itsfuturecitizensbringwiththemtheDorian traditions of theirnative
cities.These physicaland culturalfeaturesare deliberately chosenby
Plato, like a good craftsman, from the rich varietyof physicalsettings
and culturaltypesthat the Greece of his day offered.The sea is "a
rightbrinyand bitterneighbor,"says Plato, quotingAlcman (705a);
hencethesitehe selectsis one thatwill not tempthis stateto commer-
cial or naval enterprise.Likewisehe had an admirationforthe Dorian
way oflife--for itssolidity,
itssimplicity,itsorderliness. But theDorian
way was exacting,and mostIonians, thoughtheyadmiredit, would
have foundit uncomfortable and difficult.So again, as a good crafts-
man, Plato selectsforhis citizensmen who have alreadybeen habitu-
ated to Dorian rhythms in song and dance and in the largerpatterns
of living.
But thismaterialhas the defectsof its qualities.The Dorians were
littleacquaintedwith the higherlearningand were inept at theory.
Plato's spokesman,the AthenianStranger,has difficulty interesting
his Spartanand Cretan companionsin the idea of incommensurable
magnitudes(819d ff.),and althoughtheyare promptto affirm their
beliefin the existenceof the gods, when it comes to the important
proofsof thisdogma,theydo not ventureintothe depthsof the argu-
ment but,as Plato puts it, listenin safetyin the shore (892e). This
11
means that the loftlyspeculationsto which the Republic invitesus
will, in general,be closed to the citizensof this Dorian state.As a
good demiurge,witha feelingforthe integrity of his materials,Plato
cannotassumetheCretanand theSpartanas engagingin philosophical
discussionsthat would be impossiblein Sparta or Crete.
The statethatPlato describesin theLaws is therefore not a Utopia.
It has a definitelocationin Greek space and time,with all the disad-
vantagesas well as theadvantagesthatthe choiceof a specificlocation
involves.To acceptthe disadvantagesis the markof the demiurgein
Plato. If he had startedwith materialsperfectly fittedin everyrespect
for realizinghis purposes,insteadof the materialsactuallyavailable
in fourth-century Greece,it would have been to assume as already
solved preciselythe problemto be solved.A part of his purposeas a
demiurgeis the eventualimprovement of theseelementswith which
he starts;buttheutmosthe can do at theoutsetis to selecthis materials
as sagaciouslyas possible,takingintoaccountnot onlytheirnow mani-
festqualities,but also the possibilities
thathe has reasonto thinkare
latentin them.Nor is thestatedescribedin theLaws an ideal state.It
is what Plato calls an "imitation"of the ideal, in the sense in which
any particularimitatesthe Idea whose name it carries.The mostthat
Plato would say of it,I think,is thatit was as good an imitationas he
thoughtwas possiblein fourth-century Greece (739e). But Plato's con-
structiondoes not precludethe possibilityof otherconstructions, for
theideal can be imitatedin manywaysand undervaryingconditions.
One of theseotherconstructions mightbe, underits determinate con-
ditions, the best that a competentdemiurge could do (745e-746c).I
need hardlyremindyou thatthis is the philosophyunderlyingAris-
totle's Politics. Aristotlethinksit importantto discuss not merely
what is the bestconstitution (Books VII and VIII), but also what is
the best"formostcitiesand mostmen" (Book IV), and finally,how
any constitution can be bestpreservedfromcorruption(Books V and
VI). These are all questionsthatspringout of the conceptof political
craftsmanship thathe had learnedfromPlato.
If this is what Plato is doing in the Laws, we should expectthe
familiardoctrinesof the Republicto appear in a somewhatdifferent
guise here.It is as if the Mercatorprojectionon whichtheyhad first
been cast,withits straightlines and wide-openperspectives, had been
replacedby one of those earth-boundschemes in which the meridians
and parallelsreturnconstantly on themselves,and the shortest distance
betweentwo points is not the straightline of dialecticbut a great
12
THE DEMIURGEIN POLITICS
circleof psychologyand history.When the old doctrinesare placed
on thisnew projectiontheynecessarily undergoa moreor less notice-
able distortionof theirMercatorappearance.The task of the critic,
then,is not merelyto notethedifferences, but to ascertainwhetherthe
new appearancescan be seenas "projections" of theolderdoctrines.
There are apparently many such projectionsin the Laws, but I am
going to testmy hypothesis only one of them,thatwhich corres-
on
ponds,as believe,to the centraldoctrineof the Republic,the rule of
I
philosophy.Is thereindeed such a projectionof this doctrinein the
Laws, or is Plato hereendeavoring, as Zellermaintained,to show how
a statecan be adequate to itsfunctionwithouttherule of philosophy?
One point at least is obvious.It is Plato who puts the legislation
in the mouthof the AthenianStrangeras he plans the new colony,
and it is hard to denythatPlato was a philosopher.Hence philosophy
seemsto playthepremierrolein thefoundingof thenew state.It may
be objectedthatthisis too easy an answerto the difficulty foundby
Zeller, for the whole dialogue is a fiction, with its imaginarystage
settingof a new colonyto be establishedneedinga set of laws, and
the leaderof thisnew colonyencountering a philosopherwillingand
eager to advise him. But the more we know of Greek historythe
moreclearlywe see thatPlato's settingis copiedfromlife.The estab-
lishmentof colonieswas a habitof long standingwiththeGreeks,less
evidentin thefourthcenturythanit had been in earlierdays,but still
regardedas the bestway to deal witha surplusof population(707e),
or witha discordantfactionin a city(708bc); and a new and greater
era of Greekcolonizationwas to open up soon afterPlato's deathwith
the conquestsof Alexander."Such coloniesalwaysstartedtheirpoliti-
cal life with a set of laws especiallydesignedfor them,and a com-
petentlegislatorwas oftencalled upon to advise the founder,or the
sponsoringcity,in the task of legislation.The great Protagoraswas
asked to draw up the laws forPericles'colonyof Thurii in southern
Italy.Plato himself,accordingto one tradition,was invitedto legis-
late forthe new cityof Megalopolisin Arcadia set up afterthe defeat
of Sparta at Leuctral2 We see therefore that Plato sets his Athenian
Stranger in a situationthat might confront a memberof theAcademy
at any time.This is certainlyone way in whichphilosophycould and
did play a partin fourth-century Greekpolitics.13
But thereare more seriousdifficulties ahead. The centraldoctrine
of the Laws, the doctrinethat seems to dictatethe verytitleof the
work, is the sovereignty of law. In the systemof governmentthe
13
AthenianStrangersets up, we findnot philosopher-kings guided by
freeintelligence, whose highestduty is the preservation
but officials
and enforcement of the laws established.This has usually been re-
garded as a momentousshiftin Plato's thought--onewhich brings
him indeed nearerto our politicaltraditions, but which nevertheless
seemsto involvean abandonmentof his earlierprinciples.14 To explain
the apparentshiftin Plato's thoughtwe mightcitethe strength of the
traditionin which he had been nourished.The Greeks were proud
of the rule of law thatdistinguished them,as theythought,fromthe
barbariansaround.It would not be surprising if Plato in his old age,
fromintellectualwearinessor sheersentiment, or froma deeper in-
sight, had abandoned his earlier views and returned to this familiar
doctrineof his people. But the situationis more complexthan that.
It was in no sensea prodigal'sreturn,withan abjurationof pasterrors,
fortheLaws quite unrepentently saysthatthereis no law or rulemore
authoritative thanknowledge,thatintelligence cannotrightlybe made
a slaveto anythingelse (874e-875d).Why thenis law made sovereign?
Fortunatelywe have Plato's answerin the Statesman,a dialogue
whichformsin thisregarda kind of bridgebetweentheRepublicand
theLaws, and the answergiventhereseemsto confirmthe interpreta-
tion I am suggesting.In the StatesmanPlato enunciatesmore em-
phaticallythan anywhereelse the principleimplied in the Republic
and reaffirmed in theLaws, thatthetruemasterofthe royalor political
art,like the masterof any technique,will oftenfind it necessaryto
violateacceptedrulesin orderto attainhis end (295d ff.).But-so the
argumentof the dialogue proceeds-we have to make a distinction
betweenthe ideal ruleof theveritablephilosopher-king and the imita-
tionsof thisrulefoundamongthe monarchies, oligarchiesand democ-
raciesof history.For theseimitation-states the firstprincipleof politi-
cal wisdomis the supremacyof law (297d ff.).15Such imitation-states
will varyin value,of course,as theirlaws moreor less closelyimitate
thelaws of theideal polity.Now theAthenianStrangeris constructing
an imitation-state, and therefore refrainsfromassumingthathis new
colony will have a member or members possessingthe superhuman
qualities of the divine and ideal The
ruler. officersand citizensof this
statewill be menwhoseknowledgeofthegood is imperfect and whose
devotionto it is more or less limited(875a-d; 880de). Such men will
need law, to serveboth as a standardof conductand policy,and as a
14
constraining forceto protectthemin theirweakermoments.The law

they live by,thoughstillan imitation,will have a high degreeof ex-
cellence, since it is drawnup by one versedin the scienceit represents
and in consciousimitationof a clearlyunderstoodideal. Projectedon
the plane of history,the rule of philosophybecomesthe sovereignty
of a code of laws devisedby a philosophiclegislator.
It followsthatone of thechiefconcernsof thedemiurgein politics
will be to find means for assuringthe supremacyof law. It is not
enough to declare that law is sovereignand all must obey it. The
demiurgewith any skill will selectmaterialsand find (or invent)
devices to make this declarationeffective. Among these devices are
foundmanyof thosePlatonicinstitutions thatare so repellentto mod-
ern advocatesof the"open society."Why,we ask,did Spartahave such
an attractionfor Plato? Of all the ancientstates,Crete and Sparta
had the bestreputationforbeinglaw-abiding.16 "They are freemen,"
says the SpartanDemaratus,speaking to the Persian king about his
countrymen, "but not freein all things.For the masterset over them
is thelaw, and thistheyfearmorethanyoursubjectsfearyou.""' The
secretof the Spartan lawfulness(ei'voCla) was the sterncourse of
trainingto which all Spartanyouthwere subjectedby the state-a
"man-mastering" process,as Simonides called it. Sparta and Crete
were,I believe,the only Greek statesthat deliberately triedto mold
the characterof theiryouth."Can virtuebe taught?" asks Socrates.
The Spartansneverasked this question,but theirpracticeprovided,
forPlato at least,the way to an affirmative answer.And so he intro-
duces into his imaginarycolonya systemof educationcloselyresem-
bling in its methodsthe Spartandy'oy', a systemsupervisedby the
state,a systemthattakesthe boy and girl in theirearlyyearsand by
appropriatesongs, dances, athleticcontests,and carefullyselected
"letters,"molds theirsentiments into fixedaccord with the principles
set forthin the laws, so thatwhen theyreachmaturitythe law is not
an alien master,but the "reason"withwhichtheirdisciplinehas long
ago made them familiar.Their habitsof obedienceto law must be
supplemented by rightopinions;hence the AthenianStrangerrecom-
mends that to each law be prefixeda persuasivepreamble,setting
forththe purposethe law servesand the reasonsfor its enactment
(719e ff.).By theconstantrepetition of thesepersuasivepreambles,by
religious ritesand ceremonials-carefully supervisedby the stateand
occurringat frequentintervals--by the choralsongs at the greatfesti-
15
vals, and by otherdevicesof persuasionthatPlato foundin the tradi-

tionsand practicesof his countrymen, the principlesof the laws are
woven intotheveryfabricof thecitizens'mind and character.18
But Plato'sdemiurgydoes notstophere.Besidesthesterndiscipline
of character, Plato introducessomepoliticaldevicesto preventthe laws
frombeing overriddenby thosesubjectto the special temptations of
office.From studyingthe historyof Sparta,Plato came to the con-
clusionthatthe secretof its politicalstabilitywas the mixtureof vari-
ous elementsin its constitution and the balancingof these elements
against one anotherso that no one could achieve the supremacy.
A similar mixtureof diverse elementshe found in the constitu-
tion that Solon gave to ancient Athens.19 So in the constitution
proposedforthe Cretancolonywe finda mixture,verysimilarto the
Solonianmixture-witha superiorcouncil,theGuardiansof theLaws;
with officials in generalelected,not chosenby lot; and with popular
courtsof law. Plato also takes over fromAthenianlaw and practice
a set of devicesfor keeping officialswithintheirlegal powers-the
clearance,or audit,thateveryoffice-holder had to undergoat the end
of his term;the scrutiny thatprecededhis inductionto office;and the
varioussuitsformalfeasancethatcould be broughtagainsthim at any
time while in office.20 These measuresfranklypresupposethatPlato's
citizenswill be, some of themat least,corruptible, even afterthe stern
educationtheyhave received;and the devicesto preventthis corrup-
tion do not,in theirturn,relyupon an impossibledegreeof wisdom
and public spirit.They do not assume,as do some modernapologists
forPlato,thathis community will be a community of "righteousmen"
of "irreproachable virtue."All that is needed to make these devices
work is the normalamountof jealousyand apprehensionwithwhich
a Greek usuallyviewedthe actionsof his officials. This is not disillu-
sionment,but merelycompetentdemiurgy.
But thereis a finalstage of Plato's craftsmanship thatremainsto
be considered.If the law is to be a livingreality,not a dead formula
(the fate that threatensmost societiesthat reverencetoo much their
founders),21theremustbe some personsin the statewho understand
thespiritof thelaw and thepurposeof itsprovisions, and who are able
to interpret and expandit when theneed arises.These are the reasons
explicitlygiven for the establishment of Plato's Nocturnal Council
(951b,952a,962b). This Council gets name,not fromany sinister
its
or clandestinefunctionthat it is destinedto perform,but fromthe
fact that it meetsin the early morning,betweendawn and sunrise,
16
whentheofficiels are mostlikelyto be freefromotherduties(951d,

961b). Let me recallthedetailsof itsorganization. It consists of the
tenseniorGuardians oftheLaws,themembers oftheBoardofExam-
iners,22theDirector ofEducation andall hispredecessors in thatoffice,
plusan undesignated number ofothercitizenswhohaveearnedwhat
is calleddotarTa,awardsof civicmerit(951e,961a). Each of these
is toassociatewithhimin thecouncila younger man,between theages
of thirtyand forty, selected by himself butsubjectto the approvalof
his colleagues. Theirfunction is to ensurethepreservation and im-
provement of theoriginallaws by continuously observing how they
workand by comparing themwiththe institutions of otherstates
(951eff.,962bff.).Theyalsopursueadvancedstudiesthatwillfurther
theirknowledge of laws and legislation and of the purposeof all
viz.
legislation, human excellence and happiness (952a,963a,965b-968a;
cf.770c-e).This body,Platosays,is to constitute theIntelligence, or
Nous,of thestate;and he likensit to theheadof an animal(961d,
964e)-theyounger menfunctioning as eyesand ears,theoldermen
as memory and reason,and bothgroupstogether co-operating to give
the laws an "irreversible" that to
character, is, prevent them from
degenerating as time on cf.
goes (960d; 769d). The members of the
Councilare themselves to be politicaldemiurgi, able to bringabout
thatorganization of theManyintotheOne thatis themarkof the
philosopher and competent craftsman (965b).
Few readersof Platohavefailedto recognize thatthisCouncilis
a reflection of thephilosopher-kings of theRepublic.Here thediffi-
cultiesallegedare of a different sort.Mostcommentators have had
difficultyin relatingthisCouncilto theothergovernmental institu-
tionsofPlato'sstate.23 It is evensaidto be inconsistent withtherule
oflawlaiddownin theearlier books,andtherefore a kindofrepentant
additionto a workwhich,whenit was nearingcompletion, Plato
realizedtobe devoidofphilosophy. ButI havetriedto showthatphil-
osophyis byno meansabsentfromPlato'sstate,acknowledging as it
does thesovereignty of laws drawnup by a competent philosopher-
legislatorand heldto obedience to themby thepoliticaland educa-
tionaldevicesI have mentioned. Nor is the NocturnalCouncilan
after-thought. There are clear indications in thepreceding booksthat
Platoseesitwillbe necessary toprepare thehighest officers,or a select
fewof them,forspecialresponsibilities, thattheycan
responsibilities
discharge onlyif theyhaveknowledge, notmerely rightopinion,and
can actas demiurgi in theirownright(632c,769de,818a).Butthefull
17
accountof thesemen and theireducation, he saysin one of these
passages(818a), is to be reserved to the end-which is thelogicalplace
to deal withthematter and shouldcreateno suspicion of itshaving
beenthought ofonlywhenit is explicitly described.
If it is true,however, as mostcommentators havemaintained, that
thiscouncilnotonlyfailsto articulate withtheotherinstitutions of
thestatebutalsocontradicts theruleof law whichPlatohas goneto
suchpainsto establish, thenindeedthereis evidenceof a finaluncer-
tainty purpose theLaws.I thinkthisjudgment
of in is basedupontoo
hastyan examination ofPlato'stextand of theinstitutions he is work-
ing with;but I can onlygiveverysummarily herethe reasonsfor
anotherinterpretation thatI thinkmorein accordwiththeevidence.
In thefirst place,theexistence ofthiscouncilcan hardlybe regarded
as interfering withthestateddutiesand functions oftheotherofficers,
sinceno legal authority is conferred upon it in Plato'slegislation.24
Afterit has beenestablished, theAthenianStranger says,it shallbe
determined by law what powers it is to have (968c). For the time
its
being power merely is moral, not legal.But its moralinfluence
wouldcertainly be verygreat.The Guardiansof theLaws and the
Examinersare the two mostpowerfulbodiesof officers, each one
of
capable checking the abuse of authority by the other. Since the
NocturnalCouncildrawsits membersprincipally fromthesetwo
bodies,itis plausible tosupposethatitsstudiesanddeliberations would
have considerable influence on both,though neither be
may legally
boundto followits lead.Nor can I see how the settingup of this
councilcontradicts thepurposeof makingthelaw supreme. Thereis
no evidenceof Plato'sintention thatthisbodyshalloverride thelaw
if it thinksfit.Its members, beingmostof themoffice-holders, are
subjectto thechecksthatPlato'slaw provides to prevent malfeasance
in office.25 It hasno powerto imposepenalties; thecaseoftheforeign
traveller whomit thinksto havebeencorrupted by his experiences
abroadis tocomebefore thecourts forjudgment bytheregular process
(952c).26 If laterit is thought desirable to give the council legal powers,
thesepowersarethemselves tobe established bylaw.27Itsfunctions, as
Platoleavesthem, seemtobe interpretative andadvisory, anditsfuture
powers, whatever theymaybe,areto be matters oflaw,notsovereign
discretion.
Buthereagainitshouldbe addedthattheseinterpretative functions
areenormously important, particularly forPlato's central purpose, the
maintenance oftheruleoflaw.Everysociety in whichthesovereignty
18
of law is affirmed has to providesome methodfor interpreting and
expanding its inherited rules.In the Athens of Plato's day, whenever
theAssemblydecidedtherewas need fora revisionof thelaw on some
point,theyset up an ad hoc body of legislators(voLotrat), drawn
by lot fromthe panel of citizenseligibleto serveas jurymenin the
courts.Similarlyin the day-to-day administration and applicationof
the law, it was again the popularcourtsto which the issue would be
referredif therewas any disputeabout a magistrate'sruling.These
Athenianpracticesare a tributeto the versatility of the averagecitizen
at Athens,but as Sir Henry Maine remarks,"no durable systemof
jurisprudencecould be developed in this way.'"" Plato's proposals
would set up as an alternative a relativelypermanentbody of experi-
encedand learnedpersonsto act as a standingcommissionon thelaws.
If the Nocturnal Council proposeda revision,its recommendations
would presumably requiretheassentof thepeople,forthisis elsewhere
said to be requiredforany revisionof the laws (772cd). This would
notmake theCounciluseless.In anyregimebased on popularconsent,
the importantthingis that proposalsbe wiselyplanned and formu-
lated beforethey are submittedto the people for decision. Again
Plato's office-holders would presumablytake an oath,as the Athenian
officialsdid, to act in accordancewith the law. But the law cannot
cover all detailsof possibleaction.The higherofficers, in turn,are
requiredto see thatthe lower officials observethe law. One of these
higherofficers, a Guardianor an Examiner,mightoftenbe perplexed
to know whetherhe shouldproceedagainstan inferiormagistrate for
an abuse of his discretion. In such cases the opinionof the Nocturnal
Council would be of the utmostimportancein promotingthe orderly
interpretation and expansionof the law.
We can think of many other ways in which Plato's Nocturnal
Councilcouldperform a necessaryfunctionin theinterstices and looser
joints of the not but
legal structure, contradicting supplementing the
rule of law. But Plato has leftthesedetailsto the laterlegislators, and
we have no timeforfurther speculation.The centralfactis thatPlato
sees his law will have to be interpreted, expanded,and revised,and
he is concernedthatthisbe done intelligently (769b-e). In settingup
his NocturnalCouncil, and in giving it somethingof the character
of a learnedbody,he is providinga remedyforwhat modernstudents
generallyrecognizeas a glaringdefectin Greek law. The members
of Plato's Council will be in fact jurists,not mere empiricists, but
scientificand philosophicalstudentsof the law. Somethinglike the
19
functionhe here assignsthem was dischargedin later antiquityby
thejurisconsults undertheRoman emperors.We mighteven plausibly
argue that Plato's Laws, throughthe Stoics and Cicero,was an im-
portant factor in the riseof thisclass of professionaljuristsat Rome.
My conclusion is that the Nocturnal Council, far frombeing an
inconsistentafter-thought, is the logical and impressiveclimax of
Plato's demiurgy.29 In carryingour thoughtback to the philosopher-
kings of the Republicit remindsus (though I dare say Plato would
be surprisedto learnthatwe neededto be reminded)thatthepurpose
of theentirecomposition is to show whattheruleof philosophywould
mean concretely in his day. Projectedon theplane of history, it means
the rule of law, when thislaw has been scientifically formulated, and
when its laterinterpretation and revisionare guided by competently
trainedexperts.On this interpretation, Plato's later politicaltheory
retainsits integrityand is seen to be continuouswith that of the
Republic.This resultshouldnot seem surprising to one who readshis
Aristotlecarefully. For whenAristotleis discussingthisveryproblem,
whetherthelaws or the"bestmen" shouldrule,he comesto an identi-
cal conclusionand seemsactuallyto be referring to Plato in the words
in which he states it. "He who recommendsthat reason (voSg)
shouldrule may be regardedas recommending thatGod and the laws
should rule.""3
The Laws, then,seems to be a deliberateand sustainedefforton
Plato's part to illustratehow a philosopher-legislator would proceed,
using the materialsat his disposal in Greek life. It is veryprobable
that Plato planned and executedthis work with the needs of the
Academyparticularly in mind,as a sample of philosophiclegislation
to guide itsmemberswhen called upon to act as politicalor legislative
advisers."When Plato had reachedthe end of thisprodigiouscompo-
sition,he must have felt that he had come as near the realization
of his life-longdesire as was possible for him; he had drawn in
specificterms,in termsintelligibleeven to the most unphilosophical
of his countrymen, the outline of a rightlyordered state; he had
shown that such a state was no mere philosopher'sdream, but
a reality as attainable as anythingcan be in this world where
chance, not skill, often plays the last card. Probably he looked
upon this last and longest work of his as his most important
legacyto posterity. Importantit certainlywas, and historically influ-
ential,if we may judge from the numerous details of his scheme that
were actuallyadopted at Athensand elsewhereafterhis death,and
20
fromthe directand indirectinfluenceof its centralconceptions-the
rule of law, the "mixed constitution," and the balance of powers-
upon the of
politicaltheory all latertimes.
Universityof Pennsylvania
NOTES
1. MUiller, Gerhard,Studienzu den Platonischen Nomoi. Munich,1951. In
theend MiilleracceptsAristotle's testimonyas decisive,but insiststhattheLaws
is a "falsification"ofPlato'sphilosophy-apparently a spuriousdialoguecomposed
by Plato himself.
2. Plato and theOlderAcademy,Trans.byAlleyneand Goodwin,522.
3. Op. cit. 190.
4. See my Studiesin the PlatonicEpistles,148-154.
5. Rostovtzeff, M., A Historyof the AncientWorld,I., 337,338.Cf. similar
statements by Mitteis,Reichsrecht und Volksrecht,237; Keil, Griechische Staats-
altertiimer, 2nd ed., 382,Wilamowitz,Staatund Gesellschaft der Griechen, 207.
For a moredetailedand balancedappraisal,see Gernetin the Introduction to
theBud6 editionof theLaws, cciii-ccvi.
6. See especially Rep. 500cd,540ab.
7. It is indeedpuzzlingthatwe have no hintof Plato'severhavingheld an
office in his nativecity.The greatnumberof offices filledannuallyby lot,most
of themoffices thatcould be held onlyonce by thesame man,makesit hardto
believethatPlato could have failedto be selectedforsome office at some time
duringthemorethanfortyyearsof his residenceat Athensafterreturning from
his travels.
8. The secondbook of the Politicsgives evidenceof havingbeen written
whileAristotle was stillat theAcademy.This is thebookin whichhe dealswith
the institutions of Creteand Sparta,certainly in the centerof Plato's interests
while he was writingtheLaws. Aristotle's descriptions and judgmentsseem to
show the influence of his master.This is also the book in whichhe examines
the accountsof variousideal states,includingtwo by Plato. If thiswas written
duringPlato'slifetime, it is probablethatthe Platonicwork on "laws" thathe
criticizesis not the textwe have,but an earlierversion,whichwould account
for the seemingly gravemis-statements in Aristotle's
text.
9. 769b impliesthatthe AthenianStrangerknowsquite well the procedure
of the painter,in contrastwithKleinias,who confessesthathis knowledgeis
onlyfromhearsay.Note also thecatalogueand classification of thearts (~'VcFt)
in the Statesman.Athenaeus(174c) reportsa traditionthatPlato inventedan
alarm-clock, a kindof water-organ, foruse at night(cf. Laws 808b). There are
few dialoguesin whichthereis not somereference to or some inference drawn
from8ULLO0UQYYlC and flitLouQyoi.Cf. JohnWild,Plato'sTheoryof Man, Chap.
II. The analogybetweenthe legislatorand the is frequently drawn,
in factis implicitin thenumerousreferences toG6TULOUQ-6g
politicsas a zgXvi. The analogy
21
is particularlyprominent in theRepublic(e.g. 395c,500d) and in theLaws (e.g.
769b-770a;709a-d;745e-746d;965b).
10. Its locationin the plain of the Messarafollowsfromthe description of
the site as thatonce occupiedby CretanMagnesia(704c, 848d,919d,946b; cf.
860e,969a). A third-century fromMagnesia-on-the-Maeander
inscription putsthe
Cretanmother-city on thebanksof theLethaeus,and morespecifically, between
Gortynand Phaestos(Kern, 0., Inschriften von Magnesiaam Maeander,17,
lines 7ff.).None of the sitesthathave been examinedin this regioncan be
clearlyidentified as ancientMagnesia,but theexploration of thearea is farfrom
complete.Whetheror not the traditionis correct, Plato seemsto have thought
it reliableand madeuse of it.It is possiblealso thathe had independent evidence
whichwe no longerhave.
11. Bengtson,Griechische Geschichte,Munich,1950,338.
12. Diog. Laert.III, 23; IX, 50.
13. Therewereotherways,of course,and theyare reviewedby Plato himself
in theLaws (709d ff.).Wheretheproblemis one of reforming an existingstate,
themostdirectand summary procedurewould be to make use of a tyrantwho
was also intelligent and good; but thisis a combination thathas occurredbut
rarelyin history(711d; cf. 735d). One neverknows,of course,when thisrare
occurrencemay be repeated.Isocratesat one timeimaginedthatEvagorasof
Cyprus,and laterhis son Nicocles,and stilllaterPhilip of Macedon,mightbe
thebeneficent and enlightened neededreforms;
strongman to effect and perhaps
even Plato cherishedsimilarhopes at one time about Dionysiusand Dion at
Syracuse.
14. At least as theseprinciplesare usuallyunderstood.I doubtverymuch
whetherPlato ever advocatedan imperiumlegibussolutum.But to argue the
pointproperly would carryus too farafield.
15. This doctrineis briefly restatedin Laws 713c-714a.
16. The high reputeof Cretanlaws is referredto by Plato in Rep. 544c,
Laws 631b, Crito52e, Minos 320b. The Spartansuvotdahad been proverbial
fromthe timeof Tyrtaeus'poem thatbore thistitle.Cf. Arist.Pol. 1306b39;
Thuc. I, 18; Herod.I, 65; and Plato,Crito52c,HippiasMajor 283e,Symp.209d,
Phaedrus258b,Rep. 544c,599de.
17. HerodotusVII, 104.
18. See "Plato'sConceptionof Persuasion,"Phil. Rev. 62 (1953), 234-250.
19. Aristotle,Politics1273b34-41.The EvLotin thispassage,I thinkit can
be shown,refersto Plato.See also Laws 698b.
20. See "Plato and the Rule of Law," Phil. Rev. 50 (1941), 105-126.
21. Veryevidentin thecase of Sparta,as Plato saw.
22. The Examinersare the "priests"mentionedin 951d; cf. 946c,947a.
23. Sabine,Historyof PoliticalTheory,85: theNocturnalCouncil "notonly
failsto articulatein any way with the otherinstitutions of the statebut also
contradicts thepurposeof planninga statein whichthelaw is supreme."Barker,
GreekPoliticalTheory,349: the NocturnalCouncilis to control,in ways that
are neverexplained,a systemof politicalmachinery intowhichit is neverfitted.
Even Levinson,In Defenseof Plato, 517n, thinksthat this institution "intro-
duced at the end of the Laws" engendersa contradiction in the entirefabric
of Plato'sstate.Muchmilderis Gernet'sjudgment:"Si Platonne s'estpas souci",
22
ou n'a pas eu le temps,d'harmoniser ces differentesconceptions, c'est que son
intentionpremiere6taitde substituer le gouvernement de la loi au gouvernement
des hommes"(Introduction to theBud6 editionof theLaws, cxiv).
24. The rxokqp Arv 6Atv of 969b is obviouslytoo vague to
nagt8or8ovas to its legal powers;it is an expressiononlyof Plato's
supportan inference
beliefin thecrucialimportance of his council,and is quite compatible withthe
interpretationgivenbelow.
25. See above,note20.
26. This passagelooks as if it were definitely intendedto forestallthe mis-
understanding thattheNocturnalCouncilis not boundby theusual law.
27. Note the v6o&oug and the repetitionof votoOfvt-rv in 968c: oimfe
v6povg... CEQt UOV 8UVa~r6V
ZivZrooWov
&cI voP&0fE8r
t vI av x0a'
XooSJ 6ve
8' xuvQLOg &v aioibg s8e yLyvsOaL voQLoOETEWv.
28. AncientLaw, 44 (Everyman's Libraryed.).
29. Somethingof thisPlato seemsto have felthimself."If you framethis
aright,"saystheAthenianStrangerin almostthelastsentenceof theLaws, "you
will achievemosthighrenown,or at leastyou will gain thereputation of being
theboldestof yoursuccessors." 969a,Bury'strans.).
30. Politics,1287a28.
31. Cf. Taylor,Plato,464; The Laws ofPlato,xiv.
23

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The Demiurge in Politics: The Timaeus and the Laws

No one can studythe Laws criticallywithoutasking what Plato

philosophy, citieswillneverhaverestfromtheirevils"(473d). Zeller

Athenian law, not merelyas an intelligentcitizen might come to

constraining forceto protectthemin theirweakermoments.The law

vals, and by otherdevicesof persuasionthatPlato foundin the tradi-

whentheofficiels are mostlikelyto be freefromotherduties(951d,

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