Platos Reverent City The Laws and The Politics of Authority - Robert A Ballingal
Platos Reverent City The Laws and The Politics of Authority - Robert A Ballingal
robe rt a . b a l l i ng a l l
Recovering Political Philosophy
Series Editors
Timothy W. Burns, Baylor University, Waco, TX, USA
Thomas L. Pangle, University of Texas at Austin, Austin, TX, USA
Postmodernism’s challenge to the possibility of a rational founda-
tion for and guidance of our political lives has provoked a searching
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Robert A. Ballingall
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Of course, the affairs of human beings are not worthy of great
seriousness; yet it is necessary to be serious about them; and that is our
misfortune...by nature god is worthy of complete, blessed seriousness,
but what is human...has been devised as a plaything of god, and this is
really the best thing about it.
Laws 803b–c, trans. Pangle
For August
Acknowledgments
This book is the second that I have written on Plato’s Laws. The first
was stillborn. It was based on my doctoral dissertation, and I changed
my mind about much of its argument and approach while revising it
for publication. What began as minor edits ballooned into a years-long
effort to rethink what the Laws is doing with the virtue I call “rever-
ence.” In truth, these reflections stretch back to my time in graduate
school at the University of Toronto, during which I embarked on what
proved a disorienting—if ultimately rewarding—journey. I first studied
political philosophy under the guidance of teachers who gently steered
me away from Leo Strauss and the “Straussian” approach to the subject.
I remain deeply grateful to these teachers, particularly Don Carmichael
at the University of Alberta and Lois McNay at Oxford, who were never
dogmatic in their aversion to Strauss and from whom I learned a great
deal about the history of political thought, and what it means to think for
oneself about it. As I worked on the Laws, however, I became convinced
that the most illuminating way of reading Plato owes much to Strauss’s
hermeneutics, or at any rate to the hermeneutics that Strauss rediscov-
ered. Even scholars who malign or ignore Strauss the figure often rely on
the rudiments of his approach—unattributed of course, and usually the
worse for it. For me, this realization was especially poignant, seeing as it
arose not from any pre-existing intellectual commitment but in the face
of a skepticism that I used to train habitually on Straussian readings of
canonical philosophers. It was patiently working through the labyrinth of
ix
x ACKNOWLEDGMENTS
the Laws, rather than falling back on any academic partisanship, that led
me to the ideas I explore in this book.
I doubt my open-mindedness concerning Plato and Strauss would have
been possible were it not for my doctoral advisor, Ryan Balot. As anyone
who knows Ryan will attest, he is quite simply an archetype of academic
rigor and integrity. He personifies what it means to follow the evidence.
He combines an erudition and ingenuity that one seldom finds in the
same person. It was with Ryan that I learned just how many-sided a good
reader needs to be. If we would give due weight in our thinking to the
diverse interpretations that have grown up around most any landmark
text, let alone a Platonic dialogue, then we must wear many hats and see
through many eyes. Ryan is a model of how to do this. And his way of
doing it led him to see the plausibility of “esotericism” in a particularly
compelling light and to share that insight with his students, even or espe-
cially those of us who were trained to be wary of the idea. About the
Laws, a text I first studied with Ryan at Toronto, he and I continue to
disagree on certain points. But it was Ryan’s example and guidance that
allowed me to rethink in some fundamental ways my understanding of
political philosophy and its history.
If my efforts in these regards have been at all successful, that is in
no small part owing to the debt that I incurred to my other teachers
at Toronto. Cliff Orwin in particular helped me hone what interpretive
abilities I have marshaled in the pages to come. If these remain modest,
the fault lies with me; a good teacher can only do so much! Cliff’s semi-
nars at Toronto were unforgettable occasions in which the books we read
seemed to reach across the centuries and demand our whole attention.
The discussions that Cliff inspired were so engaging they would not infre-
quently spill over into extramural conversations that wrapped up only long
after our teacher had packed it in. It was in these seminars that I learned
what it means to read closely and without condescension. With Cliff, we
would pour over every detail of a text, patiently considering how that
one element fits with all the others, sometimes spending hours on a single
line. He taught that it was in this way that we take an author seriously. We
avoid foisting our own notions on a text by first considering that each of
its details serves a purpose of its author. Otherwise, when we encounter
tensions in or are baffled by the work, we end up either reading its author
“charitably” or deciding (prematurely) that he is confused.
I also wish to thank Ed Andrew and Ronnie Beiner, consummate
scholars who served on my doctoral committee and who gave generously
ACKNOWLEDGMENTS xi
of their time and expertise. The earliest incarnations of this book bene-
fited very much from their critical attention and encouragement. They
must be excused if the final form that these ideas have taken is aberrant.
In the event, Ed and Ronnie would be the first to take them seriously,
however much they might find them strange.
I am also grateful to Stephen Salkever, who read the dissertation as the
external appraiser. I have learned much from Stephen’s own work, but his
trenchant if encouraging appraisal proved particularly helpful as I revised
the manuscript and revisited the Laws.
Much the same must be said of the anonymous reviews that Damon
Linker helped arrange as my original editor when the project was with
the University of Pennsylvania Press. Both reviewers shared exception-
ally thoughtful, detailed, and provocative comments that I am glad to
have had the opportunity to consider over the course of several years. To
Damon himself I owe a special thanks for originally taking on the project
and for helping shepherd it, once he left Penn Press, into the capable
hands of Madison Allums and the staff at Palgrave Macmillan. Likewise, I
wish to thank Tim Burns and Tom Pangle who, as editors of the Recov-
ering Political Philosophy Series at Palgrave, saw merit in the book as
well.
I am also pleased to acknowledge my debt to the many friends,
colleagues, and students with whom I have discussed the ideas of this
book and from whom I have had the good fortune to learn, whether in
the political theory program at Toronto, the Program on Constitutional
Government at Harvard, the Political Science Department at the Univer-
sity of Maine, or at sundry conferences and colloquia. I extend my thanks
particularly to Larissa Atkinson, Andreas Avgousti, Kiran Banerjee, Scott
Beauchamp, Catherine Borck, Katie Clark, Scott Dodds, Ivy Flessen, Eli
Friedland, Maya Gordon, Kathryn Grond, Teddy Harrison, Ariel Helfer,
Doug Hutchinson, Seth Jaffe, Hannes Kerber, Kham Kidia, Simon Kow,
Tucker Landy, Mark Lutz, Sophie Marcotte-Chenard, Harvey Mansfield,
Xavier Marquez, Nick Micinsky, Emma Planinc, David Polansky, Laura
Rabinowitz, Richard Ruderman, Shalini Sakunanandan, Dan Schillinger,
Anna Schmidt, Jonas Schwab-Pflug, Igor Shoikedbrod, Rob Sparling,
Devon Stauffer, Ella Street, Mauricio Suchowlansky, Nina Valiquette
Moreau, John Wallach, and Ann Ward. My colleagues in political science
at UMaine have been particularly supportive as I have brought this project
to completion. Mark Brewer, Rob Glover, Amy Fried, Nick Micinsky,
Rich Powell, and Kristin Vekasi—please accept my sincere thanks.
xii ACKNOWLEDGMENTS
xiii
xiv PRAISE FOR PLATO’S REVERENT CITY
xv
xvi CONTENTS
References 215
Index 229
About the Author
xvii
CHAPTER 1
A Forgotten Virtue
As a virtue, reverence seems to have disappeared. People who speak
highly of it are suspected of an obtuse fanaticism or of adherence to
some eccentric New Age cult. If reverence lives on in the mainstream
culture, it does so either as a term of abuse or—more typically—through
its antonym, whose merits are loudly broadcast. One hears of a “culture of
irreverence” indispensable to economic enterprise; of a group of veterans
proudly calling themselves “the irreverent warriors”; of the latest critically
acclaimed film, that it is “refreshingly irreverent”; or of the new Broadway
comedy, that it is “profane, hilarious, witty, and totally irreverent.”
Comedy, of course, has always seemed irreverent. What is striking is
the extent to which the comical has proliferated. A fashionable, “ironic”
posture and lazy cynicism now prevails. An almost childlike disrespect
has seized the culture. Where once ridicule of the putatively serious
stood alongside sincere solemnity, there is an unmistakable trend towards
an affected self-deprecation and flippancy, even among public figures
of some eminence. Future prime ministers allow themselves to be seen
in boxing rings or purposefully tumbling down flights of stairs. Pres-
idents and their cabinets invite the ridicule of comedians and perform
self-mocking skits at annual press galas.1 Heads of state announce their
dietary preferences on social media. Leaders of major parties intervene
in frivolous debates agitating obscure corners of the Internet. Even the
we are alive to our ultimate doom yet prone to thinking it wishfully away.
We can imagine life without painful necessities or troubling mysteries
and are liable to forget or minimize them accordingly, as though human
achievements were more accessible and self-sufficient than they truly are.
Failures of reverence are thus associated with a harmful yet appealing
complacency, where the irreverent person condescends a lofty task or
exaggerates his own or another’s capacity for fulfilling it. It is by asso-
ciating such tasks with the divine and by inspiring a fulsome respect for
divine things—things that dwarf the human by definition—that reverence
keeps wishful thinking from going off the rails.8 Where proceeding on
one’s own belongs to god, the pathos of insignificance that reverence
inspires moves us to take counsel and seek assistance. Reverence simi-
larly invites patience and respect for those we might otherwise cynically
disdain; it confronts us with the magnitude of great undertakings that
understandably take time to accomplish or that fail altogether. Rever-
ence thus supplies a reason to show respect even before the respected
person proves himself worthy.9 It redirects respect towards a common
goal whose majesty inspires awe. It is born of acknowledging in another a
shared devotion to majestic things—the truth, for example, or the virtues
themselves.
But if reverence is a virtue, it is also a peculiar one. Most obviously,
the passions by means of which it reminds of human finitude—especially
shame—are linked with vice. These passions are especially complex. Awe
and shame issue from beliefs—often subconscious—about what is truly
awesome, fearful, or shameful and about the identity of those before
whom it is appropriate to feel awestruck or ashamed (Aristotle, Rhetoric
1383b15, 84a20–35).10 Like all evaluative beliefs, these opinions are
disputable (Plato, Crito 44c–d); they can be rationally criticized and
demonstrably harmful, as the example of the chorus in Persians attests.
As courtiers of the god-king, the chorus feels aidōs and sebas (694–99),
but its “awe” does not summon an accurate vision of human weakness.
It is not inspired by that which transcends mankind but by a mortal
man, in whom are placed unreasonable hopes. Tellingly, the courtiers find
they cannot speak to or even look upon the shade of Darius whom they
summon, but not because he is an apparition from the afterlife; it is their
“old fear,” their deos palaion (703, cf. 696) for the memory of the living
despot, that stands guard over their minds (phrenōn anthistatai, 703).11
1 REVERENCE AND THE POLITICS OF AUTHORITY 5
seeing as aidōs is not among the virtues to which the philosopher draws
our attention in his Ethics, readers studying classical literature under his
influence have seldom noticed on encountering the term the full range of
what it can convey. We owe a great debt to Woodruff for alerting us to
this mistake.22
Nevertheless, we shall find Woodruff’s complaint at the oblivion of
reverence in classical reception truer than he knows. Woodruff identifies
Aristotle’s great teacher, Plato as a—indeed the—chief antagonist of rever-
ence in its traditional, tragic sense. Plato, he tells us, “rejected the tragic
poets altogether.” He enjoined mankind “to strain beyond human limits”
after “virtues of perfection” such as wisdom and justice.23 I shall argue
that this claim is misleading. The Platonic dialogue most devoted to rever-
ence rehabilitates the tragic sensibility with which that virtue is associated
for the Hellenes and does so in ways that shed special light on its impor-
tance to political life. Plato too turns out to be an author whose interest
in reverence has gone unnoticed,24 even by the scholar to whom its pres-
ence has been most visible. It is true that Plato’s works might seem to
replace reverence for the gods with reverence for virtue and truth. In the
Phaedrus , to take Woodruff’s preferred example, the rational order that
coincides with virtue is poetically represented beyond the heavenly abode
of the gods (247a ff.). According to Woodruff, this subordination of the
gods accounts for a hallmark of Platonic piety. In epic and tragedy, rever-
ence forbids mortals from emulating the divine; in the dialogues, it urges
them to do precisely that (Theaetetus 175e–76c, Laws 716b–d). If the
gods have ceased to be “objects of reverence,” he reasons, then becoming
“godlike” implies no transgression of the boundaries over which rever-
ence presides.25 But as we shall see, Plato is much less prepared to discard
reverence for the gods than Woodruff allows. In the Laws, the exhorta-
tion to emulate the divine exists alongside dire warnings to observe the
fallibility of mortal things. One is enjoined to imitate “the god,” but only
with “due measure” and “moderation” (716d). It is the god who is “the
measure of all things”; human beings must guard against becoming the
measure themselves.26
A Buried Problem
As Woodruff’s example attests, Plato’s interest in reverence is easily
misunderstood. Attending to why this is so will help us see why moder-
nity has turned its back on reverence, and why the virtue has been
8 R. A. BALLINGALL
A reverent soul listens to other people even when they are inferior;
that is a large part of remembering that you are human together with
them…Tyrants isolate themselves through a combination of fear and over-
confidence. They do not listen to the common people, not to women,
not to children, and not even to prophets who claim to speak for a god.
Too sure of themselves to take counsel, they set themselves high and fall
hard.27
Thus understood, reverence sits quite easily with the democratic egali-
tarianism of modern society. It seems to reinforce the familiar imperative
to respect or “recognize” other people, regardless of their rank or social
standing. And it reflects the suspicion of political power characteristic of
liberal political thought.
But reverence can be a virtue of ordinary people as well. They too
can forget the implications of their own humanity. In their case, however,
the emotions that reverence inspires must seem much less anodyne. If
reverence makes a leader deserving of respect, it also makes a follower
show that respect more freely. Suitably awestruck at the tasks towards
which he would be led, the reverent acolyte appreciates his inadequacy
for proceeding in them on his own. Doing so would belong to a god,
or at least to a godlike man. He similarly abides in an appropriate sense
of shame. Fearing the censure of those he esteems, or falling short
of the norms that he respects, the follower shrinks from trying to do
himself what rightly belongs to others.28 Reverence is thus coeval with
authority.29 It reveals to the ordinary person the necessity of leadership,
self-discipline, and obedience. These, of course, are suspicious words to
modern liberals. We have difficulty seeing how a trait that elicits respect
for hierarchy and deference to leaders could be a virtue at all. But Plato
at least does conceive of reverence as a virtue belonging to those who are
by nature followers. We must not allow our own abhorrence of authority
1 REVERENCE AND THE POLITICS OF AUTHORITY 9
…the laws wish [hoi nomoi…boulontai] for the just, the noble, and the
beneficial; they seek for it, and when they find it, they set it forth as a
general commandment, equal and identical for all. The law is that which
all men ought to obey for many reasons, but above all because every law
is an invention and gift of the gods, a tenet of wise men, a corrective of
errors voluntary and involuntary, and a general covenant of the whole city,
in accordance with which all men in that city ought to regulate their lives.
(Against Aristogeiton, 16–17)40
12 R. A. BALLINGALL
Such examples attest to the close relationship in the ancient city of ethical
and customary authority. More precisely, they suggest that nomos is what
makes ethical authority possible. Traditional society faces the massive task
of settling questions that not only awaken the strongest passions, but that
presuppose a succession of further problems. The primary political ques-
tion of who is to rule implies a basic ethical question of how a human
life is to be most nobly lived. Nomos tries to answer these questions, but
with such authority as to put the questions themselves to rest, indeed to
obscure the very degree to which they are questions at all. This makes
sense when one considers how the basic ethical question implies in its
own right a host of further quandaries about the larger whole in which
human life proceeds.41 Is this whole directed by capricious, unpredictable
forces? the benevolent hand of a philanthropic demiurge? the impersonal
laws of a cold, indifferent nature? Can it be reduced to material substance,
or does the whole admit non-material beings as well? If it does, do the
latter include human souls that can survive the death of the body and
deities that might direct the soul’s journey after death? Do we therefore
rightly fear our postmortem fate, or can we go to the afterlife filled with
hope, so long as we scrupulously do right by gods and men? If this hope
is reasonable, should we pursue it by orienting ourselves according to the
lawful, as the city insists and as Demosthenes counsels? Or should we be
troubled by how the lawful varies among the cities and how the cities
themselves are ruled by self-interested factions? Policing the expression of
ideas or embellishing the shared beliefs of the community goes only so
far towards settling such issues. What is needed is a means of obscuring
the uncertainty that naturally attaches to them, arresting successions of
doubts and worries; something capable of concealing the parochialism of
customary beliefs and endowing them with the appearance of the natural
and the inevitable. In the ancient city, it is nomos that accomplishes this
task.42
Even so, the complacency that nomos cultivates is useful to the city
only if the beliefs that it strengthens do justice to the deepest human
concerns while at the same time favoring cooperative behavior. Consensus
based on the pleasures of the body, the accumulation of wealth, or even
the attainment of honor leaves too many of the fundamental questions
unanswered. Customs dedicated to these ways of life are more likely to be
challenged and liable to discourage the noble deeds on which the ancient
city relies. Unfortunately, these are also the ethical beliefs towards which
human beings are naturally drawn, or so argues the Athenian Stranger of
1 REVERENCE AND THE POLITICS OF AUTHORITY 13
that the city needs; yet the consensus that is needed must be based on
beliefs that appear painful and difficult to hold dear.44
The Laws, I argue, sees in reverence a solution to this dilemma because
reverence uses the “mortal nature” of human beings against itself.45 The
passions that reverence enlists are kinds of fear (646e–47a, cf. Euthy-
phro 12b) and so can be understood as expectations of pain (644d),
as we have noted. The Athenian tells us that the fear that is shame
(aischunē) shrinks from being “considered evil if we say or do something
that is not noble” (646e–47a). Similarly, the fear that is awe inspires a
frightening sense of self-diminishment. Beholding something in whose
presence our own concerns and capacities seem trivial, we feel disarmingly
small.46 Because awesome things can be personified and cast judgment
without being manifestly present,47 awe can cohere with shame; we can
feel ashamed before the ancestors or even the gods themselves. Accord-
ingly, a lawgiver, or “indeed anyone worth much of anything…reveres
[sebei] with the greatest honors this sort of fear, calling it ‘reverence’
[aidōs ]” (647a6–8) and “the divine fear [hon…theion phobon]” (671d4).
Reverence is exceedingly useful to the political art because it diminishes
self-righteousness. The passions that it inspires can thus destabilize the
painful appearance that mortal nature otherwise imparts to virtue. They
can provoke a wholesome self-doubt that obstructs the identification of
the good with the seemingly pleasant. They can thereby lay the founda-
tion for customs that are genuinely useful to the city, those that demand
cooperative behavior that often seems painful.48 Furthermore, because
shame and awe are of a piece with “mortal nature,” their mobilization
does not depend on unrealistic reforms to the citizen’s character. They
are anticipations of pleasure and pain in their own right. They are also
inextricably social, called forth by an awareness of ourselves as objects of
others’ evaluations. The reverent passions can thus overcome the paradox
of ethical learning. The virtues are learned by practicing the very actions
that they are needed for performing, or performing precisely. But approx-
imations of these actions can be accomplished from less exalted motives.
We can practice them out of fear before we learn to do them out of skill.49
Those we respect can impose on us feelings of awe and threats of shame
that move us to do what we would otherwise be hard-pressed to under-
take. We can thus internalize salutary habits from without that cannot
originate from within.
1 REVERENCE AND THE POLITICS OF AUTHORITY 15
A Neglected Dialogue
Until quite recently, modern readers have treated Plato’s Laws with
contempt, particularly as it deals with reverence and authority. Consider
R. G. Bury’s complaint that the work seems less the product of a first-rate
genius than a testament to senile decline:
Not only does it lack the charm and vigour of the earlier dialogues,
but it is marked also by much uncouthness of style and a tendency to
pedantry, tautology and discursive garrulity which seems to point to the
failing powers of the author. Moreover, the author himself indicates his
own advanced age by the artistic device of representing three interlocutors
in the dialogue as old men, and by the stress he repeatedly lays upon the
fact of their age, as well as upon the reverence due from the young to the
old.50
The Athenian quietly echoes this subversive thought in the Laws. Whereas
the poet can at least “make two speeches about one subject,” he says,
the lawgiver must “always exhibit one speech about one subject,” even
if that speech cannot accommodate the manifold conditions to which it
must refer (719c–d, cf. Phaedrus 277b–e). No matter how penetrating
his insight, his wisdom cannot be crystallized in the laws that he would
proclaim. As Procrustes maimed his guests, law mutilates reality.63 It must
warp multifarious particulars to fall within rigid, inequitable rules. It must
equally suppress the appearance of that violent operation, relying as it does
on exaggerated claims to justice and wisdom (Statesman 299c). For these
reasons, the philosopher who would reach for truth must extricate himself
from law’s authority. His liberation must run against the grain even of the
customs that he himself might devise.
Because the Laws presents itself as preoccupied with expounding
dogma, its emancipatory potential is easily overlooked. Indeed, the
dialogue is famous for submerging philosophy, a word that appears in its
pages only twice, even then only in its cognates. But given Plato’s interest
in cultivating a love of wisdom in his readers, we should be careful about
assuming that his purpose in the Laws is simply to persuade us of the
goodness of its city or of the veracity of its customs. Rather, we should
be on the lookout for indications of a more comprehensive standpoint
from which this city might be appraised, one that allows us to learn about
human affairs, and politics in particular, without losing sight of their
shortcomings.64 My suggestion is that Plato furnishes us with precisely
these indications in the many tensions and contradictions with which his
Athenian riddles his speech.65 The Athenian, I submit, plays both poet
and lawgiver, despite the contrast that he seems to draw between them.
He uses his “preludes” not merely to make the laws he recommends more
appealing. He also uses them to speak past the ordinary citizens to whom
they are ostensibly addressed. He presents his more careful listeners with
problems to untangle and encourages them, along with other citizens, to
study his preludes carefully if they find these problems vexing. In fact,
1 REVERENCE AND THE POLITICS OF AUTHORITY 19
the Athenian urges his addressees to become readers of the Laws itself;
he advises his companions in the dialogue to record and make available
the whole of their conversation, to be studied by citizens of the city they
would found (811c–12a, 822e–23a, 957d). This, I think, is the beginning
of a more compelling account of the Laws ’ many paradoxes than is any
appeal to Plato’s declining powers. Approaching the work by focusing on,
rather than disparaging or ignoring, the problems and contradictions that
it throws up turns out to make much more sense of the text. Supposing
Plato intends us to see and think through these problems, we can take a
critical eye to his political rhetoric without repudiating his philosophical
guidance, without failing to ascend to the broader perspective through
which he would have us look upon it.66
This does not mean that Plato intends the city of the Laws to be a self-
destructive parody. Indeed, I shall argue that it is to be taken quite literally
as the practically best—if tragicomically improbable—regime. But Plato
assigns it this status, I will suggest, only because it refuses to emancipate
its citizens from the authority of nomos . Like Athens, it might provide a
place for philosophy, as I argue it does in Chapters 4 and 5. But unlike
Athens, it conceals the dissolution of customary authority that philos-
ophy tends to engender. “The city of the Magnesians”67 might benefit
indirectly from the inquiries of the philosopher, but it does not bring
such inquiries into the light of day. It depends on the authority of its
conventions and so, like all ancient cities, tries to protect them from skep-
ticism and disagreement. But whereas other cities do so lacking a clear
understanding of why such protection is needful and how it is best accom-
plished, Magnesia proceeds with a more penetrating political theory, one
the Athenian furnishes for the benefit of future philosophers, and Plato
his future readers. The Athenian grasps why it is that cities must sustain
the authority of “simple” beliefs that are too Procrustean to do justice to
reality. But he also sees that such beliefs are susceptible of improvement
and can even accommodate the quest that would liberate a few gifted
souls of their power. Customary opinions are necessary, he will suggest,
because the mortal nature of the majority leads them to live like “fatted
cattle” when free to pursue the way of life that they spontaneously find
congenial.68 As harsh as that may sound, it will emerge as the pivotal
reason for the augmentation of authority countenanced in the dialogue.
Without reverence and the humility that it occasions, the virtues on which
the city depends for security and human life for its depth and meaning will
20 R. A. BALLINGALL
the possibilities of political life, but also about its limitations; that Plato
seeks to free the reader of her attachment to political life as much as he
proposes to teach her about political things; and that central to Plato’s
view of these things is the problem of authority and the consequent need
to put some distance between philosophy and politics if they are both
to thrive. In subsequent chapters, I hope to show that this framework
is especially helpful for approaching the Laws, for it prompts us to look
for how that dialogue, despite its superficial dogmatism, asks to be read
against the grain. As I have suggested, reading the work in this way allows
us to make sense of it without having—desperately—to impute to Plato
any grim decline into senility or profound philosophical transformation.
Rather than being obliged to bracket the interest in authority and obedi-
ence as an embarrassment and betrayal, or simply a theme to be ignored,
we are freed to consider how augmenting authority might be harmo-
nized with philosophical inquiry and why Plato suggests that neither goal
should be abandoned altogether. This alternative sees in the work’s many
tensions and problems invitations to assemble a broader perspective from
which its city in speech might be evaluated, and not simply testaments
to its unfinished character or to Plato’s advancing age. Above all, it is
an approach that is vindicated by the account of political life set down
in the Laws itself. The dialogue stresses the importance to political life
of authoritative beliefs vulnerable to skepticism and dialectical examina-
tion. Because it dramatizes the founding of a city in light of this concern,
it understandably suppresses or conceals the skepticism that it quietly
cultivates in its philosophical readers.
As helpful as Strauss’s hermeneutics will prove to be, I will argue that
their potential has yet to be fully realized when it comes to understanding
Plato’s Laws. According to the interpretations developed by some of
Strauss’s distinguished followers, the Laws attests to the pre-eminence of
courage as the political virtue par excellence.70 On their view, reverent
awe and shame would be replaced in Magnesia by a certain spirited-
ness, by the “inward” deployment of thumos, the love of one’s own, and
the desire for honor, against the citizen’s own mortal nature. Whereas
reverence is a virtue of the Dorian cities, they contend, the virtue of
Magnesians consists chiefly in a competitive ambition to conquer them-
selves, the better to obey the challenging demands of law.71 But as these
scholars would be the first to acknowledge, thumotic manliness threatens
customary authority as much as it augments it, a point made by the
Athenian himself, as we shall see. The love of one’s own and the desire
22 R. A. BALLINGALL
for honor risk arousing a dangerous audacity and boldness. Because the
citizen is inexorably “bound” to desiring pleasure and fleeing pain, it is
essential that his perception of the pleasant and painful corresponds as
much as possible to the demands of civic duty. But since his perception of
these things naturally suffers distortions in whose shadows the just things
seem painful (661d–63c, 734d), he must be inspired to doubt his own
perception of the just and unjust things. If the citizen is to champion
his civic duties, then he must renounce his misleading judgment. Political
courage must be built on top of ethical humility.72
Since the Laws is one of the most important sources for the interpretive
approach that Strauss develops, the stakes in this matter are quite high.
Consider the ambitious exposition of that approach and its theoretical
and textual foundations accomplished recently by Arthur Melzer. Melzer
contends that the authority on which traditional society relies is upheld
precisely by “complacency,” by more-or-less blind self-confidence in the
veracity and nobility of the beliefs on which political virtue depends.73
According to the Athenian in the Laws, however, unreflective adher-
ence to customary beliefs is only beneficial if those beliefs resist rather
than reinforcing the basic “mortal” impulse of man. Complacency must
be preceded by repudiation of that impulse, he maintains, instilled from
childhood and constantly reinforced thereafter by way of habits, myths,
and the judicious use of fear. If this is right, and political virtue sits
upon a substrate of self-doubt, then the good citizen will share with the
good man—with the philosopher in fact—the very trait that Melzer insists
he lacks, and must lack. In reverence, the political and the philosophic
acquire a surprising resemblance; their fundamental antagonism is less
stark than Melzer claims. To be sure, whatever acknowledgment of his
own ignorance the citizen might achieve would sit beneath and prepare
him for his passionate devotion to opinion. The Athenian does not enter-
tain the prospect of a city that comes to philosophize (cf. Republic 494a
with Statesman 292e, 300e). He does see that opinion is susceptible
of improvement. Some beliefs will better sustain the vitality of the city
and the nobility of the citizen. If these beliefs are to be championed, he
argues, then the virtue devoted to them consists in a double movement:
first away from, and then back towards, complacency and confidence.
Since the first of these movements is an experience of self-deficiency, the
Athenian points to a possible kinship between politics and philosophy,
one that as far as I am aware has yet to be fully appreciated.
1 REVERENCE AND THE POLITICS OF AUTHORITY 23
Still, that this aspect of political virtue has been neglected hardly means
we should reject the interpretive framework developed by Strauss and
his students. In fact, recognizing authority’s need of reverence and the
textual basis for this claim in the Laws helps to flesh out that framework
yet further. It adds a touch more nuance to an already fruitful approach.
The importance of reverence does not efface the tension between the
political and the philosophic, nor the consequent need to put some
distance between the one and the other. Nor should we be surprised if
Plato’s response to this tension as a writer—his tendency to write “eso-
terically”—should inspire disagreement, even (or especially) among those
who read him in this way. Plato famously anticipates that his works will
provoke disagreement and misunderstanding in the Phaedrus. He may
write dialogically and to that extent perhaps overcome Socrates’ critique
of writing. But the dialogue form and its contradictory speeches do
not fully escape the pernicious resemblance to painting, whose offspring
“stand there as if they are alive” yet remain “solemnly silent” if anyone
asks them anything (275d).74 A dialogue too “roams about everywhere,
reaching indiscriminately those with understanding no less than those
who have no business with it.” It might compel its readers to piece
together its illocutionary acts for themselves, hopefully keeping at least
some of them from the impression “that they have come to know much
while for the most part they…know nothing” (275b). But even “at their
very best,” Socrates maintains, written words “can only serve as reminders
to those who already know” (278a). Among those of us who do not, they
must necessarily remind of different things. They must predictably inspire
disagreement.75
This is not to say that the dialogues provide zetetic readers no grounds
at all on which to settle interpretive disputes. Strauss’s own approach
to reading them “dramatically” is frequently and unfairly maligned for
making precisely that mistake, for leaving readers little means of falsi-
fying his interpretive claims. He and his followers, the objection goes,
simply read into the dialogues whatever it is that they want to find,
claiming as “those who already know” to possess insight into Plato’s
hidden wisdom.76 But Strauss appeals to a control on wild specula-
tion that does not depend on this presumption. He suggests that the
dialogues are composed in accordance with Socrates’ criterion for correct
discourse (Phaedrus 264a–c), written with such virtuosity that no part
of them, no particular argument or image, no single line or turn of
phrase, is superfluous to their intended meaning.77 The “logographic
24 R. A. BALLINGALL
regime that he persuades his companions to found. The best regime and
“most beautiful and best way of life,” he says, belong to the gods or to
the children of gods; the second-best regime—that which can belong to
men—is their nearest imitation. But the best regime is under the despotic
rule of a better and more divine species; the second-best is governed
by human beings who cannot be entrusted with despotism. Similarly,
whereas the best regime abolishes the family and private property, the
second-best permits exclusivity, privacy, and material inequality.
My hypothesis is that this puzzling aspect of the text is deliberately
provocative. It invites the reader to ask at least three questions whose
examination will prove fruitful: how can the city be an imitation without
approximating the signal attributes of its model? Why invite the emula-
tion of that which must ultimately be avoided? And in what sense can
the merely “moderate” soul resemble the divine, the soul with “every
virtue” (899b, 900d–e)? By looking for how the text resolves these ques-
tions that it provokes, we shall find that the Laws furnishes a perspective
from which to appraise the city that it founds in speech. The text does
not answer these questions explicitly and decisively, but it does supply
the resources needed to answer them for ourselves. When we do, we
discover an account of political life that justifies Plato’s roundabout way
of proceeding, one that stresses the importance of authority to ethical
learning, and of reverence to making such authority possible, but that
at the same time accommodates the conflicting needs of philosophic
liberation. On my reading, then, Plato grounds authority in the unique
moral psychology that reverence makes available, which is paradoxically
supportive of efforts to transcend authority itself. In this way, we can
make sense, not only of the enigma of godlikeness, but also of the larger
quandary of why the Laws is so preoccupied with ethical and customary
authority if, like other dialogues, it ultimately aspires to liberate certain
readers from such authority to better think for themselves. Like a well-
written speech, I suggest, reverence can at once intensify and dissolve the
moral conviction on which healthy politics depends but that stands in the
way of the philosophic life. Before we can assemble this account, however,
we do need to satisfy ourselves that the imitation of god really puts to us
certain provocative questions. This shall be our task in Chapter 2.
26 R. A. BALLINGALL
Notes
1. Comedians themselves have begun finding political success. Volodymyr
Zelensky is an especially visible case, having been elected President of
Ukraine by a wide margin in the spring of 2019 despite the protracted
military emergency and his total lack of previous political or policy expe-
rience. On the rise of the political salience of comedy, see Nicholas
Holm, Humor as Politics: The Political Aesthetics of Contemporary Comedy
(London: Palgrave Macmillan, 2017) and Julie Webber, Mehnaaz Momen,
Jessyka Finley, et al., “The Political Force of the Comedic,” Contemporary
Political Theory 20, no. 2 (2021): 419–46.
2. The Trumpian buffoon, of course, has become a prototypical figure.
Demagogues like Jair Bolsonaro, Rodrigo Duterte, and Boris Johnson
all put on similar performances. The type is perhaps best illustrated by
the mayoralty of Rob Ford, elected chief executive of the City of Toronto
in 2010. Ford’s tenure was marked by shocking disregard for the dignity
of his office and by breathless media coverage of his obscene behavior,
none of which did much to hinder his popularity. While mayor, Ford
appeared in cell-phone videos smoking crack cocaine and uttering obscen-
ities about future prime minister, Justin Trudeau. On another occasion, he
was recorded drunkenly slurring Jamaican patois while ordering take-out
at a Caribbean restaurant. He responded on live television to allega-
tions that he had made lewd comments about oral sex to a female aide
by saying: “I’ve never said that in my life to her, I would never do
that. I’m happily married, I’ve got more than enough to eat at home.”
Despite or because of such antics, Ford’s support remained remarkably
solid throughout his mayoralty. He may well have won a second term had
he not withdrawn his candidacy during the 2014 election due to health
complications related to his substance abuse. For a chronicle of Ford’s wild
career, see Robyn Doolittle, Crazy Town: The Rob Ford Story (Toronto:
Penguin, 2014).
3. David C. King, “Fall from Grace: The Public’s Loss of Faith in Govern-
ment,” in Why People Don’t Trust Government, eds. Joseph S. Nye Jr.,
Philip D. Zelikow, and David C. King (Cambridge, MA: Harvard Univer-
sity Press, 1997), 155–78; Jennifer Lawless and Richard Fox, Running
from Office: Why Young Americans are Turned Off to Politics (Oxford:
Oxford University Press, 2015).
4. Amy Fried and Douglas B. Harris, At War with Government: How
Conservatives Weaponized Distrust from Goldwater to Trump (New
York: Columbia University Press, 2021); David Matsumoto, Hyisung C.
Hwang, and Mark G. Frank, “Emotional Language and Political Aggres-
sion,” Journal of Language & Social Psychology 32, no. 4 (2013): 452–68;
Barak Orbach, “On Hubris, Civility, and Incivility,” Arizona Law Review
1 REVERENCE AND THE POLITICS OF AUTHORITY 27
54, no. 3 (2012): 443–56; Pippa Norris and Ronald Inglehart, Cultural
Backlash: Trump, Brexit, and Authoritarian Populism (Oxford University
Press, 2019).
5. Edmund Burke, Reflections on the Revolution in France, ed. J. G. A.
Pocock (Hackett, 1987), 30–31, 33, 67–68. For more contemporary
discussions, see Diana C. Mutz, In-Your-Face-Politics: The Consequences
of Uncivil Media (Princeton: Princeton University Press, 2016); Susan J.
Tolchin, The Angry American: How Voter Rage Is Changing the Nation
(Boulder: Westview, 1998).
6. Paul Woodruff, Reverence: Renewing a Forgotten Virtue (Oxford: Oxford
University Press, 2014), 1.
7. Awe and shame are “emotions of self-assessment.” They are experienced
as changes in the view that we take of ourselves, whether because we
are confronted with something in whose presence we feel small and less
significant than before, as in the case of awe, or because we have deviated
from some norm and so altered our standing in the world, as in the
case of shame. See Gabriele Taylor, Pride, Shame, and Guilt: Emotions of
Self-Assessment (Oxford: Oxford University Press, 1985).
8. Woodruff (Reverence, 113–30) argues that reverence need not presuppose
theism; “objects of reverence” such as death, the beautiful, or the final
explanation of the universe can also relevantly remind of human weakness.
See also Reverence, 113n6.
9. Reverence thus resolves what Woodruff calls “the paradox of respect,” the
puzzle that good leaders respect their subordinates, and good teachers
their students, even as they legitimately regard themselves as superior.
Reverence similarly resolves the paradox as it obtains for the subordi-
nates and students themselves, who are not yet in a position to evaluate
competently the qualifications of those they would follow or from whom
they would learn. Without reverence, they too have little reason to show
genuine respect (Reverence, 222–28).
10. For an account of these emotions that emphasizes their cognitive content
and association with vice, see Martha C. Nussbaum, Upheavals of Thought:
The Intelligence of the Emotions (Cambridge: Cambridge University Press,
2001).
11. The ambivalence of aidōs is reflected in the adage spoken by Apollo in
Iliad 24.45 and echoed verbatim in Hesiod’s Works and Days (318):
“aidōs, which does men great harm and great good” (trans. M. L. West).
12. For a study of shame that helpfully distinguishes shame’s “moment
of recognition” from its “moment of reaction,” see Christina H.
Tarnopolsky, Prudes, Perverts, and Tyrants: Plato’s Gorgias and the Politics
of Shame (Princeton: Princeton University Press, 2010).
13. That reverence is a prosthesis for genuine or complete virtue is, as we shall
see, a key theme of Plato’s Laws. See also Leo Strauss, The Argument and
28 R. A. BALLINGALL
28. See, e.g., Laws 700e–701b, 732a–b. We will have occasion to examine
these and similar passages with care in later chapters.
29. Saxonhouse, Free Speech and Democracy, 62–63.
30. Numa Denis Fustel de Coulanges, The Ancient City: A Study of the
Religion, Laws, and Institutions of Greece and Rome, trans. Arnaldo
Momigliano and S. C. Humphreys (Baltimore: Johns Hopkins University
Press, 1980), part 3, ch. 11; Hannah Arendt, Between Past and Future
(New York: Penguin, 2006), 92–93. I accept Arendt’s view that authority
is a useful concept only if distinguished from both coercion and persua-
sion, but I do not accept her claim that authority is therefore distinct from
“power.” Nor can I agree with her assertion that authority did not exist
for the Hellenes, apart from in the writings of Plato and Aristotle. The
word’s etymology may not be Greek, but it is difficult to imagine political
life without authority, even if the phenomenon lacks a name. Tocqueville’s
view seems the more reasonable: however much a society may suppose that
it achieves consensus and obedience on the basis of rational persuasion or
autonomous reasoning, it is always necessary that we encounter authority
within it. See Democracy in America II 1.2.
31. Translations of the Republic are adapted from The Republic of Plato, trans.
Allan Bloom (New York: Basic Books, 1968). For the Greek, I have relied
on Platonis Opera, vol. 4, ed. John Burnet (Oxford: Oxford University
Press, 1902).
32. Compare J. S. Mill, “The Spirit of the Age IV,” in The Collected Works
of John Stuart Mill, vol. 22, eds. Ann Robson and John M. Robson
(Toronto: University of Toronto Press, 1980), 289–95; On Liberty and
Other Essays, ed. John Gray (Oxford: Oxford University Press, 2008),
73–74, 378–79 and Nietzsche, Beyond Good and Evil §263; Human, All
Too Human, §96. Strange as it may seem, Mill and Nietzsche share the
distinction of being among the few modern thinkers to take reverence
seriously as a bulwark of authority, or of what Nietzsche calls “an instinct
for rank.” Nietzsche even praises reverence for upholding “adherence to
traditional custom” and follows the ancients in regarding custom as an
essential means to “the all important end of maintaining and sustaining
the community.” This distinctive aspect of Nietzsche’s thought is rightly
pointed out by Woodruff (Reverence, 3). Even so, in keeping with his view
that only the Greek poets and historians appreciated the importance of the
virtue, and in conformity with the domesticated reception of Mill’s polit-
ical thought, Woodruff exaggerates the extent to which Nietzsche’s praise
of reverence is unique among the “great Western philosopher[s].” For an
interpretation of Mill that emphasizes his own, decidedly illiberal concern
with authority and interest in Plato’s investigations of this question, see
Robert Devigne, Reforming Liberalism: J. S. Mill’s Use of Ancient, Reli-
gious, Liberal, and Romantic Moralities (New Haven: Yale University
1 REVERENCE AND THE POLITICS OF AUTHORITY 31
Mass and Elite in Democratic Athens: Rhetoric, Ideology and the Power of
the People (Princeton: Princeton University Press, 1990), 295–99.
39. Hence the definition of nomos to which Socrates’ “comrade” (fellow Athe-
nian?) assents in Plato’s Minos : “the official opinion of the city [to dogma
poleōs ]” (314c2) that “wishes to be the discovery of what is [bouletai
tou ontos einai exeuresis ]” (315a3). Translations of the Minos are adapted
from The Roots of Political Philosophy: Ten Forgotten Socratic Dialogues,
ed. Thomas L. Pangle (Ithaca: Cornell University Press, 1987), 53–66. It
is telling that Plato has the comrade restate the definition by dropping
Socrates’ “wishes [bouletai]” qualification, apparently without noticing
that he has done so. For the possible significance of this detail, see Mark
J. Lutz, “The Minos and the Socratic Examination of Law,” American
Journal of Political Science 54, no. 4 (2010): 988–1000, as well as my
discussion below. For a philological study of the broad meanings attaching
to nomos, along with the more archaic thesmos, see Martin Ostwald, Nomos
and the Beginnings of Athenian Democracy (New York: Oxford University
Press, 1969).
40. Adapted from “Against Aristogeiton 1,” trans. J. H. Vince, in Demos-
thenes: Orations, vol. 3 (Cambridge, MA: Loeb Classical Library, 1935).
Some scholars have disputed the authenticity of this speech, e.g., Marcello
Gigante, Nomos Basileus (Naples: Edizioni Glaux, 1956), 269. For a
strong rejoinder, see W. K. C. Guthrie, History of Greek Philosophy, vol.
3 (Cambridge: Cambridge University Press, 1971), 75–79.
41. Compare Guthrie, History of Greek Philosophy, vol. 3, 4–5.
42. Compare Herodotus 3.38, Thucydides 1.20, and Plato, Laws 634d–e,
858e–59b with Leo Strauss, Natural Right and History (University of
Chicago Press, 1965), 91; Guthrie, History of Greek Philosophy, vol. 3,
131–34; and Melzer, Between the Lines, 174–77. We will examine the ways
in which nomos conceals the uncertainty attaching to customary beliefs in
later chapters.
43. This picture accords with the image of the human puppet furnished in
the Laws to clarify the meaning of self-control (644b–45c). Considering
“each of us living beings” as a plaything of the gods, the Athenian likens
mortal or human virtue to the movements of a puppet who follows the
pull of a “golden cord”—laws taken over from one of the gods or from
some private “knower.” To follow this golden cord, however, the human
puppet is in need of “helpers” to overcome the pull of other, “iron” cords
associated with passions such as fear and boldness. As I argue in Chapter 4,
the helpers of which the Athenian speaks must refer to reverent awe and
shame, iron cords in their own right capable of assisting the gentle pull of
law. Self-control or political moderation is thus associated in the dialogue
with the very passions that moderation is needed to overcome.
1 REVERENCE AND THE POLITICS OF AUTHORITY 33
44. See also David Cohen, Law, Violence, and Community in Classical Athens
(Cambridge: Cambridge University Press, 1995), 44.
45. See also Nicomachean Ethics 1128b15, where Aristotle observes that aidōs
is rooted in the body.
46. Although the Athenian seems to define aidōs in terms of aischunē at 646e–
47a (reverent awe in terms of fear of disrepute), I agree with Mark Lutz
that the invocation of aidōs is meant to imply the fear of the gods that
the Athenian has frequent occasion to extol. See Mark J. Lutz, Divine
Law and Political Philosophy in Plato’s Laws (DeKalb: Northern Illinois
University Press, 2015), 64.
47. Williams, Shame and Necessity, 82 and Saxonhouse, Free Speech and
Democracy, 67.
48. Compare Nietzsche, Beyond Good and Evil, §260: “The profound rever-
ence for age and tradition—all law rests on this double reverence…”.
49. See also Thomas Aquinas, Summa Theologica, I–II, Q. 95, art. 1.
50. R. G. Bury, “Introduction,” in Plato X: Laws, Books 1–6 (Cambridge:
Loeb Classical Library, 1926), vii. See also Ernest Barker, Greek Polit-
ical Theory: Plato and His Predecessors (London: Methuem, 1918), 205;
George H. Sabine, A History of Political Theory (New York: Holt, Rine-
hart and Winston, 1957), 67; David Grene, Greek Political Theory: The
Image of Man in Thucydides and Plato (Chicago: University of Chicago
Press, 1965), 200–204. To many scholars, Bury’s calumny finds confir-
mation in the testimony of Diogenes Laertius, who records an anecdote
attesting to the Laws having been left “upon waxen tables” at the time of
Plato’s death, suggesting that it was written in Plato’s very last years. See
Lives of Eminent Philosophers, trans. Robert D. Hicks (Cambridge: Loeb
Classical Library, 1960), 311.
51. See, e.g., George Klosko, The Development of Plato’s Political Theory (New
York: Oxford University Press, 2006), 217 and David Roochnik, “The
‘Serious Play’ of Book 7 of Plato’s Laws,” in Plato’s Laws: Force and Truth
in Politics, eds. Gregory Recco and Eric Sanday (Bloomington: Indiana
University Press, 2013), 144.
52. George Grote, Plato and Other Companions of Sokrates, vol. 3 (London:
John Murray, 1865), 409–12; J. S. Mill, “Grote’s Plato,” in The Collected
Works of John Stuart Mill, vol. 11, ed. John. M. Robson (Toronto:
University of Toronto Press, 1978), 414–15; Francis M. Cornford, “Pla-
to’s Commonwealth,” in The Unwritten Philosophy and Other Essays
(Cambridge: Cambridge University Press, 1950), 46–67; Karl R. Popper,
The Open Society and Its Enemies, vol. 1 (Princeton: Princeton Univer-
sity Press, 1971), 195; Richard F. Stalley, An Introduction to Plato’s Laws
(Indianapolis: Hackett, 1983), 41; Klosko, Development, 161–69, 241–46.
53. Sabine, History of Political Theory, 67–87; Gregory Vlastos, “Socratic
Knowledge and Platonic ‘Pessimism’,” in Platonic Studies (Princeton:
34 R. A. BALLINGALL
Princeton University Press, 1981), 204–17; Julia Annas and Robin Water-
field, “Introduction,” in Plato: Statesman, eds. Annas and Waterfield
(Cambridge: Cambridge University Press, 1995), ix–xxiv; David Cohen,
“Law, Autonomy, and Political Community in Plato’s Laws,” Classical
Philology 88, no. 4 (1993): 301–17; Cohen, Law, Violence, and Commu-
nity; Christopher Bobonich, Plato’s Utopia Recast: His Later Ethics and
Politics (Oxford: Oxford University Press, 2002); Thanassis Samaras, Plato
on Democracy (New York: Peter Lang, 2002).
54. Glenn R. Morrow, Plato’s Cretan City: A Historical Interpretation of
the Laws (Princeton: Princeton University Press, 1960), 9–13; Alfred
E. Taylor, The Laws of Plato (J. M. Dent & Sons, 1966), xiii; W. K.
C. Guthrie, History of Greek Philosophy, vol. 5 (Cambridge: Cambridge
University Press, 1978), 335; André Laks, “Legislation and Demiurgy:
On the Relationship Between the Plato’s ‘Republic’ and ‘Laws’,” Classical
Antiquity 9, no. 2 (1990): 209–29; Trevor J. Saunders, “Introduction,”
in Plato’s Laws (New York: Penguin, 2004), xxxii; Trevor J. Saunders,
“Plato’s Later Political Thought,” in The Cambridge Companion to Plato,
ed. Richard Kraut (Cambridge: Cambridge University Press, 1992), 465;
Kenneth Royce Moore, Sex and the Second-best City: Sex and Society in the
Plato’s Laws (New York: Routledge, 2005), 3; Malcolm Schofield, Plato:
Political Philosophy (Oxford: Oxford University Press, 2006), 10; Kenneth
Royce Moore, Plato, Politics, and a Practical Utopia: Social Constructivism
and Civic Planning in the Laws (New York: Bloomsbury Publishing,
2012); Richard Kraut, “Ordinary Virtue from the Phaedo to the Laws,”
in Plato’s Laws: A Critical Guide, ed. Christopher Bobonich (New York:
Cambridge University Press, 2010), 51–70; Sean Fraistat, “The Authority
of Writing in Plato’s Laws,” Political Theory 43, no. 5 (2015): 657–
77. See also Julia Annas, Virtue and Law in Plato and Beyond (Oxford:
Oxford University Press, 2017), which argues not only that the political
philosophy of the Laws is consistent with that of the Republic, but that
the utopia conceived in the former is not a “fall-back” from the Kallipolis
envisioned in the latter.
55. Annas and Waterfield, “Introduction,” xix.
56. Leo Strauss and certain scholars influenced by his interpretation of the
Laws have in fact read sympathetically the dialogue’s central theme. As I
explain below, I have tried to learn from their willingness to take seriously
the proposition that customary and ethical authority may be rooted by
nature in irrational dogmatism.
57. Pace Danielle S. Allen, Why Plato Wrote (Chichester: Wiley-Blackwell,
2010).
58. In the Republic, Socrates characterizes the beliefs of citizens as dream-
like, mistaking artificial likenesses for natural essences. They are unable to
1 REVERENCE AND THE POLITICS OF AUTHORITY 35
accept the many “noble” particulars as less real than some “idea” of the
noble (475d ff.).
59. Admittedly, this distinction between the aporetic dialogues and the more
emphatically political works is crude, for not infrequently do the former
show Socrates’ dialectical examinations building up opinion even as
he more or less quietly tears it down. The distinction remains illumi-
nating because it underlines the extent to which the Republic and the
Laws emphasize the construction of opinion as nomos while keeping the
dogmatic status or quasi-truth of the nomoi they extol very much in
abeyance.
60. For an overview of the textual evidence attesting to this point, see Mark
J. Lutz, “Political virtue and Socratic Virtue,” Polity 29, no. 4 (1994):
568–71.
61. In this vein, Robert Metcalf refers to the “skiagraphic” character of sub-
philosophic perception, which according to the Athenian Stranger in the
Laws leads human beings to misperceive the just and unjust things. See
Metcalf, “On the Human and the Divine,” in Plato’s Laws: Force and
Truth in Politics, eds. Gregory Recco and Eric Sanday (Bloomington:
Indiana University Press, 2013), 127–28.
62. Compare Laws 925e–26b, Republic 506c; Aristotle, Politics, 1269a7–25,
1286a10–16; Thomas Aquinas, Summa Theologiae I–ii, Q 94, A 4; Q
96, A 6. Translations of the Statesman are based on Statesman, trans.
Eva Brann, Peter Kalkavage, and Eric Salem (Newport: Focus Publishing,
2012). For the Greek, I have relied on Plato: Statesman and Philebus,
trans. H. N. Fowler (Cambridge, MA: Loeb Classical Library, 1962).
63. Harvey C. Mansfield, “On the Majesty of Law,” Harvard Journal of
Law & Public Policy 36, no. 1 (2012): 121. For the Procrustes myth, see
Plutarch, Lives, vol. 1, trans. Bernadotte Perrin (Cambridge, MA: Loeb
Classical Library, 1914), 23.
64. So Balot argues persuasively that the Athenian’s metaphysical arguments
should be interpreted as reflections of the political needs of his inter-
locutors and the citizens of the city in speech. The Stranger’s political
arguments, then, are not deduced from his metaphysical claims, as most
mainstream interpreters assume. Ryan K. Balot, “‘Likely Stories’ and the
Political Art in Plato’s Laws,” in Probabilities, Hypotheticals, and Coun-
terfactuals in Ancient Greek Thought, ed. Victoria Wohl (Cambridge:
Cambridge University Press, 2014), 65–83 and “Polis and Cosmos in
Plato’s Laws,” Polis 37 (2020): 516–33.
65. Examples include how the city ruled by law might at the same time be
ruled by reason (713e–14a), why certain criminal acts must be declared
“voluntary” (861c) if purposeful malice is impossible (731c–d, 860c–d),
and why the regime would emulate divine despotism (713c–d, 713e–14a)
36 R. A. BALLINGALL
74. Translations of the Phaedrus are from Alexander Nehamas and Paul
Woodruff in Plato: Complete Works, eds. John M. Cooper and D. S.
Hutchinson (Indianapolis: Hackett, 1997), 506–56.
75. For an elaboration of this reading, see my “Platonic Revivalists? The Cases
of Simone Weil and Leo Strauss,” in Brill’s Companion to the Legacy of
Ancient Greek Political Thought (Brill, forthcoming).
76. See Myles Burnyeat, “Sphinx Without a Secret,” New York Review of Books
32, no. 9 (1985) and the reply by Strauss’s students in Cropsey, Joseph;
Jaffa, Harry V.; Bloom, Allan; Weinrib, Ernest J.; et al., “The Studies of
Leo Strauss: An Exchange,” New York Review of Books 32, no. 15 (1985).
For a more recent articulation of the same complaint, laid in this case
against “Straussian” interpretations of the Laws, see Klosko, “Knowledge
and Law,” 467.
77. Leo Strauss, “On a New Interpretation of Plato’s Political Philosophy,”
Social Research 13, no. 3 (1946), 353; City and Man, 52–60. Strauss asks
us to consider the implications of Socrates’ identification in this passage of
good writing with “a healthy animal,” all of whose parts are necessary to
doing “its proper work well.” Compare Diskin Clay, “Plato’s Magnesia,”
in Nomodeiktes: Greek Studies in Honor of Martin Ostwald, eds. Ralph
M. Rosen and Joseph Farrell (Ann Arbor: University of Michigan Press,
2000), 110–14; Catherine Zuckert, Plato’s Philosophers: The Coherence of
the Dialogues (Chicago: University of Chicago Press, 2009), 5–7. Balot
suggests that another reasonable control on this type of interpretation
is provided by “the more mainstream or even ‘orthodox’ community of
interpreters who hail from departments of Classics or Philosophy.” See
Ryan K. Balot, “An Odd Episode in Platonic Interpretation: Changing
the Law in Plato’s Laws,” in Ethics in Ancient Greek Literature: Aspects
of Ethical Reasoning from Homer to Aristotle and Beyond, ed. Maria Liatsi
(Berlin, Boston: De Gruyter, 2020), 67.
78. As maintained in Malcom Schofield, “The Laws ’ Two Projects,” in Plato’s
Laws: A Critical Guide (Oxford: Oxford University Press, 2010), 12–
28. Such an argument simply attests to a failure to discover a satisfying,
coherent interpretation, as Balot rightly notes (Odd Episode, n13).
CHAPTER 2
Slowly it proceeds
But trustworthy nonetheless
The might divine.
It calls to account those among mortals
Who, with mad conviction, honor senselessness
And fail to extol the divine things.
The gods lie hidden in manifold ways
The long tread of time
And hunt the irreverent (ton asepton) down.
For never must a man think
And habitually do
That which is stronger than law (tōn nomōn).
For it is a light expense
To think this to have strength:
Whatever is divine.
That which remains lawful over a long span
Is lawful by nature for all time. (877–96)
Irreverent Beginnings
The Laws famously begins with the word “god” and the question of
whether a deity is to be “given credit for laying down [the] laws” of
Crete and Sparta (634a1–2). The nameless old man who asks this ques-
tion cannot be in earnest; a well-traveled Athenian, he presumably knows
already its answer, a presumption confirmed in any case by his subse-
quent citation of Homer.3 Seeing as the men to whom he puts his query
belong themselves to the Cretan and Lacedaemonian regimes, the ques-
tion has rather the character of a test: in what light do these sons of Crete
and Sparta regard the founding myths of their cities?4 The answer proves
instructive. The Cretan, Kleinias responds: “A god, stranger, a god—to
say what is at any rate the most just thing.” It is Zeus who is believed
to have originated the laws of Crete, through the medium of his son,
King Minos (624a7–b3; Minos , 319c1–20d7). In apparent homage to
that story, the action of the dialogue will unfold on the way to the cave
and temple of Zeus, high upon Mt. Ida (625a5–b7).5 It is there that the
god is said to have instructed the king and furnished him with the Cretan
laws. As we later learn, Kleinias is to lead a committee in the drafting of
potentially novel laws for a new colony in Crete (702b4–d5). He too is
to be a Cretan lawgiver; he is making the pilgrimage to Zeus’ cave in
emulation of Minos. But how seriously does Kleinias take the Minoan
story? Does he hope to be visited by divine inspiration, as the myth tells
of the legendary king? Or is Kleinias wilier than that? His answer to the
Athenian’s question suggests he is wily indeed (compare 641e6–7). To
ascribe to Zeus the origin of the Cretan laws, he avers, is to say only what
is just or lawful, but what is just or lawful is not necessarily what is true.6
Kleinias implies that Minos merely claimed to have conversed with Zeus
in devising his laws, when in fact he relied on none other than himself.
Inasmuch as Kleinias would emulate Minos, he must similarly intend to
be his own authority, his own god. And he must similarly intend to use
the name of god to enhance the authority of the laws he would himself
lay down.
In this way, Plato introduces Kleinias as a paradigm of irreverence.7
He would do himself what pious Cretans believe belongs to gods.8 Pious
Cretans believe their laws good because laid down by a benevolent, super-
human power. As with other ancient regimes, their laws define the way
of life around which Cretan sociability is organized, something on whose
behalf the regime makes great claims. Kleinias and his Spartan companion
42 R. A. BALLINGALL
Humbling Kleinias
This project the Athenian begins immediately. Indeed, it is an ambi-
tion that he seems to have conceived well before joining Kleinias and
Megillus on their pilgrimage. It is he who initiates the conversation and
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 45
then must not each family, neighborhood, and city be at war itself too
(626e–27a)? And seeing as internal victory in the case of ourselves implies
the mastery of our lesser parts by the better, must the same not also hold
in these other cases? But if it does, then families, neighborhoods, and
cities are victorious over themselves only when their virtuous members
rule over their vicious peers (627b). As much would seem to follow from
the parallelism between individual and group. Self-mastery implies the
triumph of virtue over vice. This inference from ourselves to groups is
one that Kleinias has never drawn from his view. “What is now being said
is very odd,” he remarks; “yet it is very necessary to agree to it” (627b).
He believes that composite groups are at war with themselves because he
thinks of their parts as cities unto themselves. He looks on internal conflict
from the perspective of foreign affairs and its attendant contest for scarce
resources (cf. 628d). But if internal conflict in the city and among its
lesser groups can be understood on the model of the composite soul, as
Kleinias now recognizes, then the victory of those groups over themselves
cannot be, or cannot only be, a matter of some group members securing
possessions against the others. Victory and laws that aim at victory must
engender virtue.
Having taken Kleinias this far, the Athenian delivers his coup de grace
(627c). Drawing on another aspect of self-mastery, he drives home the
extent to which internal conflict must differ from war with foreigners.
Foreigners can be killed or banished; not so parts of the soul. To master
or be superior to ourselves is not to vanquish our desires and aversions
but to tame them. If self-mastery in composite groups is relevantly similar,
then groups too must accommodate themselves to their defeated parts.
The Athenian appeals to the family to make Kleinias feel the force of this
point; vanquishing or destroying our kin seems as abhorrent or absurd as
doing so with ourselves. Nevertheless, “where there were many brother-
s…it wouldn’t be at all surprising if more of them turned out unjust and
fewer of them just” (627c). In the family that is superior to or master
of itself, how should the just brothers rule the unjust? Is doing so even
possible given the strength of the greater number?19 The Athenian asks
his companions to consider how a consummate judge would resolve quar-
rels among such brothers and Kleinias grants that he would do so not
simply by destroying the wicked brethren. Rather, he would make “the
worthy men rule and [allow] the worse to live while making them willing
to be ruled” (627e). Self-rule in the family is a matter of persuading the
many wicked brothers to be ruled by the few worthy ones. It is a matter
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 47
no law is really divine, and that all law reflects the lawgiver’s competitive
self-interest. Without challenging the claim that Minoan law makes on its
own behalf—that it originates with the highest god—the Athenian invites
consideration of what truly divine law would require. If the Minoan law
seems to fall short of those requirements, he suggests the blame be laid
not on the law itself but on the shortcomings of its interpreters (630d).
“He appeals as it were from the accepted interpretation of revelation to
revelation itself, which discloses its true meaning only to those who never
forget that, being divine, it is supremely reasonable.”21 In other words, he
shifts the burden of proof for law’s divinity. God speaks to lawgivers not in
historical time, through miraculous messages inaccessible to others, but in
the judicious use of human reason whose fruits are demonstrable to others
at any time, in any place. As the Athenian will famously claim, divine law
is that which is “ordained by intelligence” (tēn tou nou, 714a1–2). The
gods themselves can be identified with intelligence (897b1–2).22 Because
humanity has a share of intelligence, we can reveal divine law to ourselves.
With this subtle but profound modification, the Athenian begins to solve
the problem bedeviling Cretan legal tradition. Lawgivers and their succes-
sors need not wait on Zeus to reveal his will; they can access divine law
by consulting human wisdom. Nor are those who would be ruled by
divine law incapable of scrutinizing those who claim to lay it down on
the gods’ behalf. The pretensions of a Minos can be put to the test by
sufficiently reasonable people. In the event, the Cretan laws themselves
fail this test, even if the Athenian never makes explicit the implication
that they cannot be divine. To this extent, he vindicates cynicism of the
Cretan laws. But the Athenian shows such cynicism to be misplaced in
the case of the best possible laws. The best possible laws really would
descend from “gods,” whom the Athenian will delicately reconceive as
the most uncommon human beings. There are some like himself whose
wisdom transcends the mortal nature of other men (645b3–8, 835b5–c8,
875c3–d5). Truly “divine” laws would also better accommodate the polit-
ical necessities associated with lawgiving. Their genesis would be most
unlikely but would at least be brought within the ambit of the naturally
possible; such laws have a superhuman, but not supernatural, cause.
Still, one could be forgiven for thinking the Athenian’s solution to
come at the expense of reverence for law, which may prove a political
necessity in its own right. Reverence arises in the presence of that which
calls to mind human finitude; if the human comprehends the divine, as it
must if divine law originates with certain human beings, however godlike
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 49
they may be, then divine law appears to lose its awesome character. The
Athenian seems to collapse the affective distinction between gods and
men in claiming divine law to be known through human reason. And
doing so seems only to place him on the other horn of the dilemma.
Either we revere law but cannot know it apart from unaccountable inspi-
ration or we know law through responsible human reason but then cannot
reverence it as something divine. Seeing as men like Kleinias are wont to
abuse the authority they would assume in making law themselves, won’t
forsaking reverence for law simply invite their lawless plunder? If human
nature is as corruptible as tradition maintains, then suggesting that revela-
tion is accessible to unaided human reason would seem to yoke reason to
the ministry of corrupt impulses. The Athenian’s noetic account of reve-
lation would restate rather than resolving the problem with which the
dialogue begins.
The puzzle only deepens with the Athenian’s subsequent account of
what rational revelation ordains (631b–32d). Supremely reasonable laws,
he says, adopt as their end the happiness not only of those who conceive
and administer them but of all who use them (631b5–6 with 875a6–
b1). This they accomplish because they provide all good things (631b6
with 631a5–8). The good things he divides in two: human and divine,
adding that the former “depend on” (ērtētai, 631b7) the latter in that
the city that receives the divine will acquire the human goods as well but
if lacking the former will lack the latter too. Among the human goods
he lists in rank order health, beauty, strength, and wealth. The divine
goods he identifies with prudence or intelligence (phronēsis, 631c6; nous,
631c7), moderation, justice, and courage, again rank-ordered, although
to justice he assigns a special place inasmuch as it is a mixture of the
others.23 Truly divine laws, he seems to say, aim at the common good
rather than the good of the lawgiver or rulers exclusively and such laws
understand the good at which they aim as the happiness of those who use
them. Happiness they conceive as the favoring of goods of the soul to
those of the body, and as the prioritizing of certain goods of either class
to others of that class, all without excluding goods of any class.
Needless to say, much is going on in this difficult passage, more even
than is attested by the wide-ranging disagreement that it has provoked
among interpreters. For what exactly does the Athenian intend when he
says that the human goods “depend” on the divine? Does this dependency
obtain only at the level of the city, or does it apply to the individual person
as well? Why is justice alone described as a mixture of the other virtues,
50 R. A. BALLINGALL
including intelligence? And why call the virtues divine? Does he mean
to say that they transcend human nature? Does he therefore imply that
divine law aims at that which human beings cannot obtain? If so, how
does divine law engender happiness? If not, does the Athenian forsake
reverence after all, bidding men become gods?
Some scholars have thought he means that the human goods depend
on the divine in the sense that the latter are a sufficient cause of the
former. Julia Annas, to take a recent example, argues that the Athenian’s
point is consistent with one she finds everywhere in Plato: virtue of soul is
enough for a flourishing human life.24 But the claim in the Laws appears
to be even stronger than that. Divine laws ensure the happiness of those
who use them not by furnishing their users with the virtues alone but by
providing the human goods as well. Divine laws “provide all the good
things” (panta…tagatha porizousin, 631b6). Reading this passage as a
sufficiency thesis would be faithful to the text only if the virtues somehow
guaranteed health and the other human goods, only if being virtuous
entailed among other things being beautiful, strong, and wealthy. Indeed,
that is precisely how Strauss understands the passage: “the divine goods
are the necessary and sufficient conditions for the human goods, at least as
far as the city is concerned; virtue guarantees happiness, which includes
the well-being of the body…and even the right kind of wealth.”25 But
then, as Strauss reasonably concludes, the Athenian’s taxonomy of goods
becomes “a patent falsehood.”26 It ignores, among much else, the extent
to which the human goods depend on forces beyond the full control of
either the virtuous person or the best regime. Annas avoids this conclu-
sion only by deciding that Plato is confused. Seeing as “he is the first
philosopher to develop a position that a happy life requires the priority
in it of living virtuously…he has not established a clear position on what
was to become the main ethical debate in the ancient world.”27
Others have read the Athenian as laying down a less implausible
view. According to Christopher Bobonich, the Athenian subscribes to a
“dependency thesis”: it is the value of the human goods that depends on
the presence of the divine.28 In other words, the human goods are benefi-
cial only to the extent that they are enjoyed in accordance with or directed
by virtue, where virtue is conceived as ethical knowledge. Of course we
can acquire health, beauty, strength, or wealth without such knowledge,
just as we can lose such things with it. But in the former case, the human
goods cease to be of benefit and are therefore no longer “good.” In fact,
such things can provide greater scope for harming ourselves and others;
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 51
seldom dwell on the problem introduced if he also means for the divine to
delineate human capabilities, as it is does in traditional accounts of divine
law. The Athenian’s rational account of such law might radically trans-
form tradition, not least by adhering to the Socratic practice identifying
the divine with philosophic autonomy.31 Yet precisely that identification
suggests tradition inasmuch as the virtue associated with the philosopher
is radically inaccessible, precious, and rare. Such virtue is “divine” not
only because it alone can be the source of law in the strict sense but also
because it transcends human nature as it overwhelmingly presents itself.
The virtue that is divine is off-limits to the citizen who remains a “human
being,” in whom the divine should inspire feelings of respect and awe.
Interpreting the Athenian along these lines does raise a number of
difficulties, for on this view he speaks of piety as a matter of emulating
“god” and of revering the divine at the same time. Does that make sense?
How can we resemble that which we foreswear? Doesn’t the invitation to
become like god work at cross purposes with exhortations to reverence
him? Why extend such invitations at all if the Athenian would preserve the
traditional curb against unjust lawgivers? Indeed, it is tempting simply
to dismiss these questions by reading the Laws as a more thorough-
going repudiation of tradition. If the Athenian holds that all men should
become as philosophic as they are severally able, then he need not stress
the need of reverence to keep some or most from overreaching them-
selves.32 Popular enlightenment brooks no great risk. As we have already
begun to see, however, this cannot be his real position. Insofar as polit-
ical men remain like Kleinias, the Athenian suggests emulating his own
tactful approach to handling them. Men like Kleinias must practice poli-
tics in a spirit of humble service and according to rules over which they
have little input. They must refuse to be their own authority lest they
abuse their own prerogatives. And what is philosophy if not the quest
to replace opinion believed on authority with wisdom won by thinking
for ourselves? Far from encouraging such philosophic daring in Kleinias,
the Athenian unsettles his self-assuredness only to replace it within a safer
dogmatism. He “softens” and “melts” the Cretan only to forge his soul
in new molds (compare 671b–d and 853e). It is true that citizens living
under truly divine law would be morally superior to Kleinias.33 They
would benefit from the rigorous education that such law puts into effect.
But the Athenian speaks of the precise nature of that education in the
most ambiguous of terms. Occasionally, he seems to say that it would
bring out the whole of virtue in its pupils, helping them achieve the
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 53
civic friendship as the acme of political life, the Laws articulates an aspi-
ration familiar to classical politics more broadly.42 Our abhorrence of the
practical requirements of that aspiration attests to how radically expec-
tations of citizenship have changed in modern regimes. As a matter of
principle, liberal democrats don’t involve themselves in others’ “private”
affairs, certainly not in the question of the fitness of others’ characters.
Our virtue as citizens is expressed in refraining from such involvement,
which is to respect others’ rights. Even so, the thought that good friends
implicate themselves in our lives in these intimate ways is not utterly
foreign to us. Most of us wish for friends (if not for neighbors) good
enough to intervene if ever we are seized by destructive passions or delu-
sions, lest we debase ourselves or otherwise do wrong. Good friends want
what is best for each other, not least when it comes to moral excellence.
Nonetheless, the Athenian tempers this charming picture in ways that
should not escape our close attention. He is perfectly aware of how civic
friendship can slide into malign surveillance and libelous incrimination.43
He commends many criminal and administrative procedures in anticipa-
tion of that very threat (879a, 917d, 937c–d, 947e–49c, cf. 943d–e). Nor
does he innocently suppose that love of noble deeds can on its own estab-
lish and sustain a robust ethic of public service. He recognizes that public
spiritedness sits uneasily in the citizen with desires for private satisfac-
tions, many of which are inconsistent with justice. That is why he speaks
of the virtue to which civic education aspires in terms of self-mastery. In
keeping with the intuition of Kleinias, he illustrates civic virtue with an
image of psychic conflict. We might “assume” (tithōmen, 644c4) that we
are each of us one person, but in fact most of us have within ourselves
“two opposed and imprudent counselors [symboulō aphrone], which we
call pleasure and pain” (644c6–7), connected to which are opinions about
the future that lead to either fearful expectation or eager anticipation
(644c9–d1). These “counselors” the Athenian likens to puppet strings,
“drawing and pulling against one another in opposite directions and
towards opposing deeds, struggling in the region where virtue and vice lie
separated from one another” (644e1–4). According to the image, virtue
consists in following the pull (tēn agōgēn) of a separate, “sacred,” and
“golden” string, which he calls “calculation [logismos ] as to which of them
[pleasure, pain, and their associated opinions] is better and which worse”
(644d1–2 with 644e4–45a1). But adherence to calculation is described in
the same agonistic terminology. Calculation’s pull is “gentle rather than
violent,” yet in the virtuous puppet it must nonetheless prevail or “be
58 R. A. BALLINGALL
hardly accept, the Athenian proposes “a little more use be made of myth”
(713a6) and conjures another “oracular report” (713c2).
He now describes a golden age of the most distant antiquity, when
Zeus’ father and predecessor, Kronos, is said to have governed the
cosmos. Like the Eleatic Stranger of Plato’s Statesman, who tells his own
myth of Kronos (268e–74e), the Athenian in the Laws revises this tradi-
tional tale. Indeed, he renders it much friendlier to tradition itself, and to
the ancestral authority on which tradition relies. No mention is made of
the violence with which Kronos overthrew his own father and earned for
himself and his siblings their pejorative epithet—“Titans…[who] strained
[titainontas ] and did presumptuously [atasthaliēi] an awesome deed”
(Hesiod, Theogony 207–10).55 Rather, the Athenian speaks of “a certain
very happy rule and arrangement” that came into being under Kronos, of
which “the best of arrangements of the present time is in fact an imitation
[mimēma]” (713b1–4). According to the Athenian,
‘Sirs,’ let us address them, ‘the god, just as the ancient saying has it,
holding the beginning and the end and the middle of all the beings,
completes his straight course by revolving, according to nature. Following
him always is Justice, avenger of those who forsake the divine law. He
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 63
follow reason alone” (835c; compare 645b).62 Yet the Athenian has just
said that the citizen must do the opposite and must regard himself as
needing a ruler and leader and authoritative framework outside his own
subjective judgment. To think otherwise is to burn “with insolence”
(meth’ hybreōs, 716a7), i.e., to fail to observe the boundary between
human and divine. Presumably, it is to discourage hubris that he qualifies
godlikeness with moderation and due measure. But doing so does not
dissolve the problem in any obvious way, for if being moderate is to
be subordinate to “the divine law” (716a3), then to that extent being
moderate is to be unlike god. The god’s moderation must be consistent
with his autonomy, the god being his own measure and source of wisdom
(see also 899b). It is, then, of the greatest moment that the Athenian
neglects to mention wisdom or intelligence or prudence in connection
with the “moderate” man at 716c–d. One could be forgiven for thinking
these two moderations not at all the same; imitating god with due
measure hardly seems like imitating god at all.63 The questions arising
from the Athenian’s myth of Kronos thus recur in the Athenian’s speech
to the colonists. On his account, there is an implicit disanalogy between
the virtues of citizen and god. How then can we understand the one
as an imitation of (or bearing a resemblance to) the other? Similarly,
the citizen must disavow the autonomy vouchsafed to god. So why bid
him become like the deity he would revere? Doing so would seem only
to confound the political calling, unnecessarily tempting the citizen to
transgress the boundary from which he is supposed to pull back.
Our Task
There is a manifold enigma at the core of Plato’s Laws, yet interpreters
have never built an interpretation around unriddling it. Scholars have
addressed the puzzling aspects of the passages that we have examined, but
they have always done so in asides or without recognizing the common
thread running through them. The full depth of the puzzle has not yet
been fathomed, an omission that attests to the neglect of reverence as a
theme—even the theme—of the dialogue. The strangeness of the Atheni-
an’s exhortations to become like god becomes clear only once we grasp
how godlikeness conflicts with the virtue that the Athenian would other-
wise revive and preserve, and how this conflict runs through the whole
work. Reverence is shown in the presence of the divine—that which calls
to mind one’s finitude as a human being. And reverence is needed in
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 65
citizens and lawgivers like Kleinias, who must recognize the dangers of
overreaching themselves, dangers they especially brook inasmuch as they
regard law as something merely human. At the same time, however, the
Athenian intimates that divine law itself is ordained by human beings.
It is revealed, not in miraculous messages inaccessible to others, but in
the application of human intelligence—that within us which “partakes of
immortality” (713e8). This novel presentation of divine law has its advan-
tages, but, as we have seen, it conflicts with the reverence for law whose
importance the Athenian is otherwise at pains to stress. It is this same
paradox that crops up time and again as the Laws unfolds. In the Atheni-
an’s curious typology of goods, in his ambiguous treatment of education,
in his initial account of the best regime, and in his imagined speech to
the first Magnesians—in all these places, we read of the importance of
emulating god, the source of divine law, but are always reminded of our
insuperable humanity, and hence of our need to follow laws external to
or above ourselves. Indeed, the Athenian suggests that one becomes like
god precisely by remembering that one is no god at all; observing the
gulf between the human and divine, one somehow transcends it.
Seeing as Plato assigns this enigma such a central place within the
dialogue, we are compelled to seek a reading that accounts for that impor-
tance, and that clarifies the questions that this puzzle poses. Accordingly,
each of the ensuing three chapters is devoted to unpacking one such
question. Given the apparent conflict between divine model and human
imitation, Chapter Three asks how the Athenian intends the latter to
resemble or become like the former. What does he mean by “imitation”?
Chapter Four asks why the Athenian encourages imitations that cannot
be brought to completion. The city is threatened by tyranny that does
not submit to divine law and by citizenship that insists on independent
judgment. Why, then, speak of the divine in ways that flirt with precisely
these outcomes? Finally, the fifth chapter asks how observing “modera-
tion” permits the citizen to assimilate himself to god. The Athenian might
claim that truly divine law aims at the whole of virtue, but the education
and exhortations that would be law’s tools appear to realize in citizens
only a shadow of divine excellence. After all, it is the moderate man who
is said to be dear to god, because similar. How then does this limited
moderation relate to the goods that are divine? Can a person have a part
of virtue without having the whole?
66 R. A. BALLINGALL
Notes
1. Translations of the Bacchae are adapted from Paul Rahe, Republics Ancient
and Modern, vol. 1 (Chapel Hill: University of North Carolina Press,
1992), 215–16. Note again the close association of reverence with
moderation.
2. The paradox that I find in the imitation of god has hardly been noticed
by scholars working on this theme in Plato, in part because they have
seldom devoted attention to its role in the Laws. Studies of the imita-
tion of god in the Platonic dialogues include Culbert G. Rutenber, The
Doctrine of the Imitation of God in Plato, Ph.D. dissertation, Univer-
sity of Pennsylvania (New York: King’s Crown Press, 1946); Michael L.
Morgan, Platonic Piety: Philosophy and Ritual in Fourth-Century Athens
(New Haven: Yale University Press, 1990); David Sedley, “‘Becoming like
God’ in the Timaeus and Aristotle,” in Interpreting the Timaeus-Critias:
Proceedings of the IV Symposium Platonicum, eds. Luc Brisson and Tomás
C. Martínez (Sankt Augustin: Academia, 1997), 327–39; David Sedley,
“The Ideal of Godlikeness,” in Plato 2: Ethics, Politics, Religion and the
Soul, ed. Gail Fine (Oxford: Oxford University Press, 1999); John M.
Armstrong, “After the Ascent: Plato on Becoming Like God,” Oxford
Studies in Ancient Philosophy 25 (2004): 171–83; Julia Annas, “Becoming
Like God: Ethics, Human Nature, and the Divine,” in Platonic Ethics, Old
and New (Ithaca: Cornell University Press, 1999), 52–71; Jean-François
Pradeau, “L’Assimilation au Dieu,” in Les Dieux de Platon, ed. Jérôme
Laurent (Caen: Presses Universitaire de Caen, 2003), 41–51; Gabriela
R. Carone, Plato’s Cosmology and Its Ethical Significance (New York:
Cambridge University Press, 2005).
3. Pangle, “Interpretive Essay,” in The Laws of Plato, 379. The identity
of the Athenian Stranger is a question that has provoked a wide range
of speculations. Mainstream readers working in the tradition of analytic
ancient philosophy typically interpret him as Plato’s mouthpiece. See,
e.g., Klosko, Development, 198. Strauss suggests that he represents a
counterfactual Socrates who took up Crito’s offer to flee Athens rather
than drinking the hemlock (Argument and Action, 2). See also Leo
Strauss, What Is Political Philosophy? (Chicago: University of Chicago
Press, 1959), 31. Zuckert argues that the Athenian is rather a singular
pre-Socratic philosopher whose project in the Laws represents a dead end
upon which Socratic political philosophy improves (Plato’s Philosophers,
31–33, 53–58). Schofield proposes that he is a latter-day Solon (Plato,
75–76).
4. That the Athenian is testing or probing his interlocutors is confirmed
at 633a1–5. Compare Lutz, Divine Law, 38, which treats these tests as
part of an open-minded inquiry into the claims made on behalf of divine
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 67
law. My own view is that the Athenian approaches the conversation with
Kleinias less neutrally. He rightly suspects and confirms Kleinias’s disre-
spect for the customary account of Cretan law. For an excellent account
of Kleinias’ disrespectful attitude in this regard, see Pangle “Interpretive
Essay,” 379–82. See also Zuckert, Plato’s Philosophers, 65.
5. For the famous distinction between the argument or “speeches” of a
dialogue (the things said by one or more of its characters, ostensibly in
support of some controversial proposition) and its action or “deeds” (the
ways in which the characters interact with one another, as well as with the
setting or framing device), see Strauss, City and Man, 59–60.
6. Strauss, Argument and Action, 3. If what is just is what is lawful, which
it must be if the lawful is what is enjoined by the gods, then Kleinias
seems to be referring to the law the Cretans share with the Lacedaemo-
nians, the one that forbids the young from inquiring into the integrity
of the laws and that “commands all to say in harmony, with one voice
from one mouth, that all the laws are finely made by gods” (634d). To
ascribe to Zeus the origin of the Cretan laws is to conform to this “law of
laws” (Strauss, Argument and Action, 11). Readers of the Republic are of
course already familiar with the Socratic proposition that just speech is not
necessarily truthful. Compare Republic 539c–d. For an alternate reading
of this passage, see Bobonich, Plato’s Utopia Recast, 260n22.
7. The beginning of the Laws is thus an allusion to Odyssey XVII, 485–
87: “For the gods do take on all sorts of shapes, appearing as strangers,
and thus they range through the cities, watching to see which men are
lawful, and which irreverent [hubrin]” (trans. Lattimore, with modifica-
tions). Like Odysseus, the Athenian is a godlike man who goes about
incognito, testing the reverence of others. Kleinias does not prove an
incorrigible Antinous, against whom the Odyssey’s warning is directed,
but he does betray a hubris all his own. Compare Albert Keith Whitaker,
A Journey into Platonic Politics: Plato’s Laws (Lanham: University Press
of America, 2004), 7–11 and Lutz, Divine Law, who interpret Kleinias as
pious, religiously conservative, and more or less simple-minded. Bobonich,
Plato’s Utopia Recast, helpfully stresses the extent to which Kleinias thinks
that “goods other than virtue are much more important that virtue itself”
(122) while acknowledging Kleinias’ enduring if contradictory and subter-
ranean attachment to virtue’s intrinsic merit (133). Even so, Bobonich
neglects the antinomian character of Kleinias’ corruption.
8. I try to adhere to a distinction between piety and reverence that is not
always clear in the classical sources. Piety (hosios ) I take to be a species of
justice: viz. that part of justice that pertains to the gods. Reverence (aidōs,
sebas, eusebeia) I take to refer to the virtue governing the key “emotions of
self-assessment,” viz. awe and shame. The two virtues are obviously related
and can even collapse into each other in ways not unlike how piety can
68 R. A. BALLINGALL
16. Compare Lutz, Divine Law, 39, which argues that Kleinias represents “the
serious citizen who lives under divine law” and who, as such, “closely
associates reasoning about the laws with the divinity of the laws.”
17. Indeed, by the end of the dialogue, the Athenian’s leadership appears so
needful to Kleinias and Megillus that they vow, in an apparent allusion to
the beginning of the Republic, to compel the Stranger to stay and “share
in the city’s founding” (969c6–7). The Athenian may have sought out
the conversation with the Dorians, but like Socrates he proves reluctant
to become too involved in their political activity. As Pangle observes, he
remains silent in the conclusion as Kleinias and Megillus express their need
of him. “Interpretive Essay,” 509.
18. The Athenian’s reasoning in this regard reflects a familiar Socratic move
when dealing with sophisms. Those who would reduce the good to
successful acquisitiveness or bodily pleasure betray on examination a fear
of the opprobrium that conventional morality attaches to greed. In light
of their fear, such persons must acknowledge a good that places limits on
the greediness that they had previously identified with the good. See, e.g.,
Gorgias 499c–500a. For an illuminating analysis of the tensions inherent
in such acquisitiveness, see Ryan K. Balot, Greed and Injustice in Classical
Athens (Princeton: Princeton University Press, 2001).
19. The difficulty being the problem of justice that comes to sight in the
Republic: the unjust are attracted to rule and are ruled only against their
will, all the while being more numerous and thus stronger than the just
and therefore unlikely to be coerced successfully. The just meanwhile are
unlikely to force their rule upon the unjust, not only because they are
fewer and thus weaker but because they are uniquely repelled by rule
itself. For an account of how this problem unfolds in the first book of the
dialogue, see Devin Stauffer, Plato’s Introduction to the Question of Justice
(Albany, NY: SUNY Press, 2001).
20. Matters might seem complicated by the third option canvassed by the
Athenian: a judge-cum-lawgiver whose laws permit the unjust a share
of rule. Despite the Athenian’s pejorative comment against this judge
(627e3–4), Kleinias prefers him to the others. Even so, the point about
the need to accommodate injustice rather than vanquishing those attracted
to it applies to both second and third options. Just as the best judge
allows the worse to live while making them willing to be ruled, so
the lawgiver-judge is “capable of taking over a single divided family
and destroying no one, but rather reconciling them…thus securing their
friendship for one another” (627e3–28a3). The bigger, unacknowledged
difficulty is that political reconciliation—unlike psychological harmony—
implies a dilution of virtue, which presumably explains why the Athenian
holds the first, violent judge superior to the third, lawgiving one. See
Pangle, “Interpretive Essay,” 384.
70 R. A. BALLINGALL
definition, confining education to the sub-rational part of the soul and yet
replacing the perfect citizen with the perfect human being as its proper
end. Neither of these claims seems right. Read in context, the first defi-
nition is already confined to the sub-rational part of the soul, as we saw
above. Nor does anything in the second definition explicitly link education
to the perfect human being.
39. Bobonich contrasts rational persuasion, which appeals to “good epis-
temic reasons” for the “true beliefs” and actions urged on the addressee,
with a non-rational alternative that appeals to emotions and “false but
useful beliefs.” See Christopher Bobonich “Persuasion, Compulsion, and
Freedom in Plato’s Laws,” Classical Quarterly 41, no. 2 (1991): 365–66,
369.
40. Bobonich, Plato’s Utopia Recast, 416–17.
41. As Karl Popper famously claimed, the Laws “elaborates coolly and care-
fully the theory of the inquisition. Free thought, criticism of political
institutions, teaching new ideas to the young, attempts to introduce new
religious practices or even opinions, are all pronounced capital crimes”
(Open Society, 195). See also Stalley, Introduction, 41; Saunders, “Pla-
to’s Later Political Thought,” 471–73; and Klosko, Development, 161–69,
241–46.
42. Paul Woodruff, “In Place of Loyalty: Friendship and Adversary Politics in
Classical Greece,” in Loyalty: NOMOS LIV , eds. Sanford Levinson, Paul
Woodruff, and Joel Parker (New York: NYU Press, 2013), 39–52.
43. Pace Annas, Virtue and Law, 103–104.
44. The Athenian goes on to refer to the golden string as a “race of gold”
(chrysoun genos, 645a7) that in the virtuous soul prevails over “the other
races” (i.e., the other strings). His puppet image thus alludes to the golden
age of Hesiod (Works and Days, 109–127) and to the myth of the metals
of Plato’s Republic, both of which describe the superlative virtue of a
golden genos. Socrates of course calls his own myth a gennaion…pseudo[s]
(Republic, 414b9–c1).
45. As the image is interpreted in Annas, Virtue and Law, 86–88. Compare
Lutz, Divine Law, 123–27, which argues that there are in fact two
accounts of self-rule being laid down in this passage. Lutz finds the first
such account in the lines immediately preceding the puppet image and
suggests that it describes how “the prudent individual” disposes himself
towards pain and pleasure. He argues that the puppet image describes a
different sort of self-rule in which the “virtuous” person “does not hear
the passions counseling anything at all. Instead, the passions [for him]
inarticulate strings or cords, brute forces that pull on him as if he were a
puppet” (125).
46. Zuckert, Plato’s Philosophers, 69.
47. Aristotle, Nicomachean Ethics, 1128b25–27.
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 73
48. Some interpreters have thought the initial, agonistic image of education
a rhetorical concession to the Dorian view of virtue. The Athenian is
believed to accommodate this view in his initial image only to supplant it
with a more refined account as he proceeds. Virtue as self-conquest gives
way to virtue as self-harmony. See, e.g., Meyer, Plato, 210. The Athenian
might cast doubt on whether the “perfect human being” is to be iden-
tified with the perfect citizen; he defines civic virtue as “being correctly
trained as regards pleasures and pains.” But might such training not yield
an internal harmony, inasmuch as the trainee’s appetites and aversions
are made consonant with divine law? The citizen might lack the well-
springs of intelligence within himself, but does the Athenian not expect of
him passions that agree with what the consummate lawgiver would have
him do? The highly restrictive regulations prescribed for mature Magne-
sian citizens, even those who earn considerable accolades, suggest that the
answer must be no; civic virtue at its best remains discordant and hence
“fragile,” in need of constant external pressure and surveillance. See Kraut,
“Ordinary Virtue,” 66–67.
49. On this point, see Dorothy Frede, “Puppets on Strings: Moral Psychology
in Laws Books 1 and 2,” in Plato’s Laws, ed. Bobonich, 121–22.
50. In fact, the dialogue appears to begin anew on several other occasions as
well (632e, 682e, 723d–e, 781d–82a). For discussion of this theme of
new beginnings, see Strauss, Argument and Action, 54–55 and Jon Sallis,
“On Beginning after the Beginning,” in Plato’s Laws: Force and Truth
in Politics, eds. Gregory Recco and Eric Sanday (Bloomington: Indiana
University Press, 2013), 75–85.
51. The Laws does not quite dramatize the practical implementation of the
city in speech but rather the first (and still theoretical) step in that process.
See André Laks, “The Laws,” in The Cambridge History of Greek and
Roman Political Thought, eds. Christopher Rowe & Malcom Schofield
(Cambridge: Cambridge University Press, 2000), 273–74.
52. In what follows, the Athenian calls special attention to the magnitude of
the task before Kleinias. “It really is the case,” he says, “that lawgiving
and the founding of cities is the most perfect of all tests of manly virtue”
(708d). No doubt this remark is intended to humble the Cretan yet
further, reminding him of his great need of the Athenian’s guidance. But
it also underscores an important sense in which the utopianism of the
Laws differs from its modern successors. As his subsequent comments
make clear (709a–c, 710c–d), he is much less ambitious than a Machi-
avelli, Hobbes, or Marx about the “power” of knowledge to dominate
nature and banish chance. Rather, by the Athenian’s lights, much of the
lawgiving art consists in knowing that for which one should wish or
“pray.” Compare Aristotle, Politics 1288b23. See also the discussion in
74 R. A. BALLINGALL
Leo Strauss, “What Can We Learn from Political Theory?” The Review of
Politics 69 (2007), 522.
53. Kleinias has indicated that he is to share in the founding of the new
city with a committee consisting of himself “and nine others” (702c5),
apparently ruling out the tyrannical founding that the Athenian has in
view.
54. Modern political philosophy cleaves more closely to this aspect of the
Athenian’s thought: “And truly, there was never any orderer of extraor-
dinary laws for a people who did not have recourse to God, because
otherwise they would never have been accepted. For a prudent individual
knows many goods that do not have in themselves evident reasons with
which one can persuade others.” Machiavelli, Discourses on Livy, trans.
Harvey C. Mansfield and Nathan Tarcov (Chicago: University of Chicago
Press, 1996), 35.
55. See also Laws 701c, where the Athenian likens the irreverence for which
he blames contemporary Athenians to what he calls “the ancient Titanic
nature.” Of course, the Stranger at 713a–14a is alluding to the Hesiodic
golden age, which is also described as “the Age of Kronos” (Works and
Days, 111). But Hesiod does not ascribe the creation or happiness of “the
golden race” to any benevolence on the part of Kronos. The Athenian
takes the golden age trope a step further than Hesiod in this regard. Still,
the tension between the barbarism of the deep past and the nostalgia for
its fictional virtues is there in both the Hesiodic and Platonic versions of
the myth.
56. Inasmuch as its rulers are despots, unaccountable masters who do not wait
on the consent of the ruled. Presumably, the Athenian does not intend
the further notion that tyranny is violent rule in for the private advan-
tage of the tyrant. The genesis of the best regime is at hand only when
tyranny is moderated (or ruled) by a wisdom that sees to a good that
is common. For an account of the Athenian’s favorable remarks in the
context of tyranny more broadly, see Waller R. Newell, Tyranny: A New
Interpretation (Cambridge: Cambridge University Press, 2013), 108–24.
Newell makes the provocative suggestion that “the discussion of a tyran-
nical founder guided by a wise man in Book 4 of the Laws is a locus
classicus for Machiavelli’s advice in chapters 22 and 23 of The Prince on
what kind of counsellors the prince should have. Whereas Plato gingerly
concedes for a few Stephanus pages of the Laws that sometimes the emer-
gency situation will have to take priority over the normal situation, for
Machiavelli, the emergency situation is the normal situation: All politics is
a series of continual re-foundings” (113).
57. See also Crito 50e–51a. This language recalls the boast of Demaratus,
who speaks of the nomos responsible for Spartan virtue (and freedom!) as
a despotēs, a master of slaves (Herodotus 7.104). One reason the Athenian
2 PLATO’S LAWS AND THE ENIGMA OF GODLIKENESS 75
may have for seeking out specifically Dorian interlocutors is this pre-
existing notion of being enslaved to law. At any rate, Demaratus’ remark
explicitly contrasts enslavement to nomos with the despotic rule enjoyed
by Xerxes, apparently supplying a template for the same distinction in the
Laws.
58. Pace Annas, Virtue and Law, whose central claim is that the rule of law
in the Laws is an extension of rather than a contrast to the authoritarian
rule of wisdom conceived in the Republic.
59. Christopher Rowe identifies a similar problem in Statesman 300c–e.
See “The Politicus and other Dialogues” in The Cambridge History of
Greek and Roman Political Thought, eds. Christopher Rowe and Malcolm
Schofield (Cambridge: Cambridge University Press, 2000), 247.
60. The Athenian elicits from Kleinias the confession that tyrannical power is
appealing, even for the man who possesses “courage” but otherwise lacks
the virtues (661d–e; compare 687a).
61. Annas, Virtue and Law, 130. Bury translates tapeinos as “lowly” in this
context. R. G. Bury, trans., Plato X: Laws, Books 1–6 (Cambridge, MA:
Loeb Classical Library, 1926), 295. Strauss apparently observed, in a
seminar on the Laws, that this “is the only occasion, as far as I know,
in which Plato praises [tapeinos ],” the term extolled as “humility” in
the New Testament, a usage that Plato seems to inaugurate in this very
passage. See Leo Strauss, Plato’s Laws: A Course Offered in 1971–72 at
St. John’s College, Annapolis, ed. Lorraine Pangle (Leo Strauss Center,
University of Chicago, 2016), 282–83.
62. “Piety, after all, has always acknowledged the impossibility of one law for
gods and men: the divine, as the source of law, cannot be held to account
before law. Imitation of the gods is hybris, the ultimate outrage against
the divine.” Clifford Orwin, The Humanity of Thucydides (Princeton:
Princeton University Press, 1994), 105.
63. Socrates in the Theaetetus discusses the doctrine of Protagoras that “man
is the measure of all things” (152a), to which the Athenian in the Laws
refers at 716c5–6 and apparently repudiates. According to Socrates, the
Protagorean doctrine implies that every man is “the equal in wisdom” of
every other, “even of a god” (Theaetetus 162c) and is built on the premise
that “every man [is] self-sufficient in wisdom” (autarkē…eis phronēsin,
169d). To say that man is the measure of all things is therefore to
efface the gulf between the human and divine and to ignore the mani-
fest superiority of certain people, at least in certain respects. By claiming
that god is the measure, the Athenian ostensibly refuses these conclu-
sions. But since, in the same breath, he exhorts his addressees to become
divine, he in fact urges them to become what Protagoras had merely found
them already to be. Taking god as the measure might place self-sufficient
wisdom in a loftier prospect than Protagoras allows, but the exhortation
76 R. A. BALLINGALL
to become like god might well seem to share with the Protagorean view
an insolent disregard for the frontiers of mortality. See also Robert C.
Bartlett, Sophistry and Political Philosophy: Protagoras’ Challenge to Socrates
(Chicago: University of Chicago, 2016), which argues that Socrates in
the Theaetetus shares the Athenian Stranger’s alternative to Protagorean
relativism.
CHAPTER 3
of modern political thought, one that has become common sense for
modern readers, makes it especially difficult for such readers to grasp
what the Athenian intends in constructing the Laws ’ utopia. The word
“utopia,” of course, is an early modern neologism coined by Sir Thomas
More. But More invented the word to reflect his free imitation of Plato’s
Republic, whose city in speech he rightly understood as a “good/no
place.” A place that does not exist, or that does not exist in practice, in the
sensible world of human experience, might serve as a model for the world
of experience (Republic 472c4–7, 592b); but it is not at all obvious that
it does so in a straightforward way. A utopia may serve just as well as “a
subtly playful thought-experiment meant to reveal the limitations on what
we can expect from all actual political life.”2 Its usefulness may lie as much
in clarifying why it remains a “no place” as in illuminating why it would be
a “good place.” At any rate, an approximation in deed to what seems best
in speech may of necessity be quite dissimilar to what is best in speech.
The gap between the doable and the thinkable may require doing things
very differently than we might think them (Republic 473a1–4; compare
Laws 636a, 736b, 778b).3 That modern readers tend to think otherwise,
tend to assume an account of the best implies a “regulative ideal” meant
to guide practice in the non-ideal world,4 can obscure such complications.
As we shall see, thinking of the model for Magnesia in these terms is
especially misleading. In Plato’s Republic, the city in speech is presented—
ultimately—as the simply-best regime. In the Laws, however, the utopia is
emphatically “second best” (deuterōs…pros to beltiston 739a4–5; see also
739e, 746b–d, 853c, 875d). Magnesia might be set up as a paradigm for
the benefit of Kleinias and other lawgivers; but it is also an imitation in
its own right,5 a regime that imperfectly emulates the rule of god and a
model very like the Republic’s Kallipolis.6 The trouble is that Magnesia
itself seems very unlike the regime on which it is modeled, so much so
that it is difficult to see the one as an approximation of the other. The best
regime is autocratic; the rule of reason is there pervasive and undiluted,
its citizens unfree and impotent. The best regime is also radically commu-
nistic and meritocratic (739c–d, 757b–58a). Magnesia, by contrast, is a
constitutional republic7 ; rulers and citizens alike are slaves of the laws
while otherwise “free” and intensely involved in public life. Magnesia
also permits private property, traditional families, and material inequality
within certain limits. How can a model serve as a regulative ideal if the
“practice” that it regulates diverges from the model so starkly?
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 79
In this chapter, I argue that the Laws requires we think of the rela-
tionship between models and imitations in a subtler way. Through a
close reading Laws V, which calls attention to and justifies Magnesia’s
second-best status, I show how the Athenian makes good the suggestion
of Socrates in the Republic that it is “the nature of acting to attain to
less truth than speaking” (473a1–2), but not merely in the sense of being
always an approximation to what is said or thought. Sometimes what is
done resembles what is said or thought only by being done differently.8
The city in speech is a case in point: it stands to the practical best as
the far bank of a swift-flowing stream. Just as there is no good-enough
crossing of such a stream, so there is no good-enough despot or tyrant.
The imitation of the best regime does not try to set up a rational, thera-
peutic despotism, nor to take itself for the measure of things. To aim at
the second best from the start, as the Athenian urges, is rather to avoid
this mistake, seeing as trying for the simply best, for the best in speech
or thought, is to neglect the implications of falling short. The swimmer
must cross the stream only where he knows he can make the far side; the
lawgiver must ordain only what he knows the city can safely observe, even
if he must judge what he ordains according to what in practice must be
avoided.
The necessity of diverting from straightforward approximation in these
ways is of course counterintuitive. It is appreciated only on careful reflec-
tion. The Athenian should not and does not expect men of action to
grasp it of their own accord. But he can and does expect such men to be
responsive to the gulf between the human and the divine. The virtue that
demands pulling back from what is vouchsafed to the gods is accessible
in a way that prudence and wisdom are not. It is in this light that we
begin to see method in the Athenian’s madness. For it is by presenting
the simply-best regime as a “divine” way of life that he keeps his mortal
addressees from overreaching themselves, even as he relates to them a
dangerously impossible object of admiration. Properly managed, rever-
ence permits political men to grasp what would otherwise be known to
very few, and to put into practice what must otherwise remain in speech.
Politics at its best depends on observing how practice must divert from
speech, but without losing sight of what speech itself marks out as best.
And it is the pathos of distance felt by the reverent man that allows him
to adjust his practice accordingly.
80 R. A. BALLINGALL
If the same man were a tyrant as well as a lawgiver he could employ the
purges that are harsh and best; if a lawgiver who lacks tyranny is setting up
a new regime with laws, he should be glad if he can purify using even the
gentlest of purges. The best method is painful, like medicines of this kind,
since it involves punishing with justice and retribution, and completes the
retribution by means of death and exile. That is how the greatest offenders,
those who are incurable and who represent the greatest harm to the city,
are usually gotten rid of. (735d3–e5)
Against this best method, the Athenian contrasts “our method of purifi-
cation,” which is “gentler” (praioteros 735e5) and would use “the
euphemistic name ‘colonization’” to expel the undesirables. In fact,
82 R. A. BALLINGALL
doctor must usually be absent; there must be “servants” to carry out his
orders. But rather than emulate his care by laying claim to his knowledge,
the political analogs of these servants should temper such pretenses; they
should be made wise to their own imperfection, and to that of the regime
which they serve. To mix law with preludes is thus, among other things,
to bring these deficiencies to the surface. It is to make plain the second
(or third)-best character of the practically-best regime.18 Indeed, as we
shall shortly see, the preludes are conspicuous for how they humble those
to whom they are given. They frequently appeal to the aidōs of their
addressees and emphasize the gulf between the human and the divine.19
Still, the Athenian intimates that the authority of law can endure only
so much self-awareness. The preludes are merely mixed with law; they
do not supplant it. Law must remain dogmatic and pretentious even as it
acquires a degree of polyphony and humility. It must claim to be divine
even as it knows itself to be mortal. In later chapters, we will examine
with care the political psychology implied by this paradox, and whether it
is coherent. For now, it is enough to see how these points redound on the
dramaturgy of Book Five. It would seem that readers have rightly under-
stood the contrast between the free-doctor metaphor and the Athenian’s
monologue as an allusion to the persistent dogmatism and pretentiousness
of law. What has been grasped only rarely, though, is that the preludes
which improve the law are themselves concessions to human weakness.
And what has hardly been understood at all is how the preludes, as part
of a second-best state of affairs, represent a divergence from straightfor-
ward emulation of the best simply. Magnesia comes as close as possible
to the best regime, not because the latter treats citizens as free men, as
Magnesia does, but because fallible men can’t adhere to reason without a
rhetoric that mutilates reason itself in the course of treating men as free.
one must take as the “target of reverence” (tou tês eusebeias skopou 717a8–
b1) the Kthonian gods after the Olympians and the gods of the city (the
Athenian had not said which god should be honored first, leaving room
for the god who stands above the Olympians) while worshiping, after
these, daemons, heroes, ancestors, and living parents. Despite coming
last in his list, the Athenian had laid great stress on filial piety, asserting
that citizens ought to think of themselves as owing a tremendous debt
to parents, so much so that all one’s property, including one’s very body
and soul, are to be regarded as belonging to them. Indeed, it was this call
to transcend self-ownership that had immediately preceded the preludes’
introduction. Seeing as a—if not the—primary purpose of the preludes
is to make the hearer “listen in a more tame and agreeable mood to
advice,” the Athenian had spotlighted as an obstacle to good advice the
preference that we naturally give to what we regard as our own.
This same obstacle recurs when the Athenian resumes his hortatory
speech in Book Five. Here he turns from discussing the gods and ances-
tors who should be revered before oneself to how one might correctly
honor that which is one’s own. Of these latter things, he says, the
better are the more “masterful” and ought consequently to be shown
greater respect. That which is best and hence most masterful, deserving of
greatest respect, is the soul, seeing as it is most divine, yet also “most one’s
own” (oikeiotaton 726a3). This latter claim might seem surprising: the
Athenian had said previously that one’s soul in truth belongs to parents,
not to oneself. It also seems inconsistent with his later remark that it
is the body and its parts that are “by nature private” (739c7). Given
that this speech is a prelude in its own right, could these inconsisten-
cies attest to a distortion of reason needed for persuading unreasonable
men? Certainly, it is given to very few to transcend a preference for their
own. Perhaps most can honor their souls only if permitted to regard their
souls as belonging to themselves.
Be that as it may, the Athenian goes on to issue a thoroughgoing
admonition of his addressees, indeed of all human beings, on the grounds
that we are as a rule excessively attached to ourselves. “There is no one
among us, so to speak, who assigns honor correctly,” he says, “though we
are of the opinion that we do” (727a2–3). The problem is that we assume
that we make our souls “greater” by indulging them, by praising them,
and by encouraging them “to do whatever [they] might wish” (727b2).
We assume that we know what is good, that our desires spontaneously
direct us towards it, and that we honor ourselves by heeding our desires
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 87
to get it. To think and act this way, however, is to harm rather than honor
the soul, for it is to “honor” it before or ahead of the gods (727a1–2,
727b3–4). As the Athenian has already stressed, it is not we, nor anything
that belongs to us, that is the measure of all things, not least of what is
good and bad, but “god.” What we assume to be good and bad does
not correspond to the truth of the matter; our own souls are sickly and
untrustworthy. To honor the gods first is thus to honor the soul too, not
by feeding its spontaneous appetites and aversions, corrupt as they are,
but by repudiating them. To honor the soul is “to change its condition
from worse to better” (727a6). It is to seek the good as “god” sees it,
not as it comes to sight for us.
The Athenian continues his admonition by deploring the related
tendency to refuse responsibility for errors and evils (727b4–c1). We are
partial towards ourselves, not merely in the complacency with which we
look on our own well-being, but in our evaluations of the good and bad
that we do to others. We seem to honor our souls by minimizing or
ignoring our vices, as though harming others did not involve harming
ourselves at the same time. But again, what is good for the soul is not
giving in to what it spontaneously wants; it is rather to train the soul to
listen to and follow good counsel. As the Stranger goes on to say, “for
us, ‘honor,’ means following the better things” (728c6–7).
What is it that the soul spontaneously wants that earns such a fierce
dressing down? Judging by the Athenian’s remarks in this extraordinary
speech, the answer is the affirmation of selfhood, something to which the
concern for honor is obviously connected. He identifies in this vein a slip-
page between what is good and what is ours, which becomes stronger the
more intimately connected is the object of evaluation to ourselves. We
tend to assume that because a thing is our own, it is therefore good and
deserving of respect. “Everyone who cares for something,” he remarks,
“is blind when it comes to the thing cared for, and hence is a poor judge
of what is just and good and noble, because he believes he should always
honor his own more than the truth” (731e5–732a1). As he later empha-
sizes, the thing that is most intimately and naturally our own is our body,
a fact that becomes especially clear in the face of death. The mortality of
which we are so characteristically conscious as human beings threatens the
integrity of our bodies and therewith our sense of self and personhood.
Fear of death is rooted in attachment to one’s self as a discrete conscious-
ness, which can stand apart only because it arises from a mortal body. It
is this connection between mortality and personhood that then fuels our
88 R. A. BALLINGALL
identification of the good with our own. For rather than challenge the
opinion at the root of our fear, we tend overwhelmingly to distract from
it. We forestall our confrontation with death by reasserting and expanding
the selfhood it threatens. We marry, have children, acquire property, and
seek accolades in no small part to extend the reach of what is ours, and
to bury the dread oblivion that awaits our particularity. We minimize the
faults and exaggerate the virtues of what is ours, so much do we prefer
a thing for its connection to ourselves ahead of its being good. And we
place what is ours at the center of things, fancying that the very gods take
an interest in our personal affairs. In short, we respond to our human
self-awareness by working hard to forget that which menaces it, and we
do so—as a rule—by affirming and expanding our sense of self.
Seeing as self-affirmation is so deeply rooted in the fear of death, it is
understandable that the Athenian temporizes with it. He does not expect
his addressees to transcend completely their preference for themselves and
what is theirs, nor to cease extending the compass of what they consider
their own. So much is unsurprising, perhaps. What is unexpected, though,
is the manner and degree to which these accommodations diverge from
the ethos implied by the Athenian’s censures. For even as he makes room
for the basic demands of self-love, he blames self-love in the strongest
possible terms. He calls excessive friendship for oneself “the greatest of all
evils for the mass of human beings” (731d6) and even “the cause of all of
each man’s wrongdoings on every occasion” (731e3–5). By impugning
self-love so categorically, the Athenian might seem to create the expec-
tation that it might be overcome. He appears to point towards an ethos
of calm, rational transcendence of ownership and egocentricity, as though
it were accessible to his addressees. Why else blame the attachment to
ownership so loudly? One can reasonably be blamed only for failing to
be that which is in one’s power to become. Ought implies can. But as
we consider the prelude more carefully, it becomes clear that the ethical
standard implied by its admonitions and the practical expectations that
are actually laid upon the citizen differ more in kind than degree. Rather
than call on Magnesians to live up as much as possible to that standard,
the Athenian moves the target closer to their capabilities. His exhortation
is not to live blamelessly free of shame; it is to live in such a way that the
shameful need of self-affirmation is accommodated, if minimized.
To take the most telling example, the prelude impugns the love of
money even for the sake of one’s children and avers that “children should
be left an abundance of reverence [aidô] rather than gold” (729b1).
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 89
the prelude illustrates the truthful man could not be more ambiguous.
He is praiseworthy, it avers, because he is “trustworthy” (pistos 730c4,
cf. 738e).23 He is no lover of lies. What the prelude does not mention is
that one can hate lies without loving wisdom, just as one can love wisdom
without disavowing lies. It makes all the difference whether one lies to
oneself out of ignorance or to others out of prudence, lest they do harm
(Republic 382c–d). In any case, the prelude adorns the truthful man by
appealing, not to the pleasure of learning or the utility of wisdom, but to
how trustworthiness secures for him the company of friends and family in
“the hard time of old age, near the end of life” (730c7–8). The prelude
teaches that the trustworthy man need not fear death, but not because he
overcomes his attachment to himself as a discrete being. He is consoled
rather by the knowledge that he is loved and that he is leaving something
of himself behind.
From truthfulness, the prelude turns to justice, and again the sort of
person for which it calls cannot be described as a would-be philosopher, a
fact that the prelude seems to underline. As before, it secures the consent
of its audience to what reason marks out as good; but again, this it does
by so diluting reason that the life held up as noble would seem cut from
a different cloth. The prelude now asks its audience to accept the Socratic
paradox that no one does wrong willingly. “No unjust man is ever volun-
tarily unjust,” it claims. “For no one anywhere would ever voluntarily
acquire any of the greatest evils” (731c2–4). Yet the prelude does not
conceive of its addressee as a person like the Athenian himself, one who
calmly pities all unjust men without retributive anger. Instead, it distin-
guishes between what it calls “curable” and “incurable” injustices and
asserts that only the former are to be pitied by the “man” (731b3) it now
evokes. Every such man, it says, should be as gentle as possible towards
those whose wrongdoing can be cured but should otherwise give “free
rein” to his moral indignation (731d4). Moralistic anger makes sense only
if the wrongdoer has acted voluntarily. If no wrongdoing is voluntary,
as the prelude has just claimed, then the retributiveness that it sanc-
tions is irrational, strictly speaking. What is more, the prelude speaks of
such anger in terms of “spiritedness” or thumos, an emotion insuperably
connected to our sense of self. Moral indignation might lead us to risk
ourselves in the cause of “justice,” but as thumos it grows from the sense
that what we love and hold dear as our own is threatened or violated.24 As
the Athenian will later assert, the class or kind to which thumos belongs
“is that of pain” and includes fear (864b). Thumos moves a person “to
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 91
fight and defend himself” (731b5–6); fear moves him to flee. The point
is that both passions are rooted in the ultimately irrational attachment
to ourselves as discrete beings of exaggerated significance. The unique
power that belongs to spirited anger and fear alike to overwhelm all other
psychic motions would seem to arise from this fact. As for the prelude
that holds out the prospect of rising above self-centeredness, it does so
only to make peace with it, catering to the very affect that expresses it.
The prelude thus calls attention to how reason must disfigure itself to
find authority with human beings of diverse ethical capabilities. It does
not call on all men to become as like the Athenian as they are severally
able. It points out the path up which most might ascend so as to approach
a virtue of a different “peak.”25
even to try to realize that regime in practice. From the outset, even in
the most propitious practical circumstances, allowance must be made for
the diversity and limitations of human beings. The simply-best way of life
cannot be a regulative ideal in politics. No city as a whole can lead such
a life; were one to try, the consequences of falling short would be dire.
Better to aim from the first at a different target altogether.
The Athenian makes this argument once he concludes “the speeches
that constitute the prelude to the laws.” Having been impersonating
the lawgiver in issuing these speeches, he now resumes his role as the
lawgiver’s advisor, all the while continuing to speak uninterrupted. It is
presumably necessary, he now says, repeating his long-running pun, that
the prelude be followed by a law (or song),26 the first of which is, “in
truth, the outline of the laws of a political regime” (734e5–6). Like Aris-
totle in the Politics (IV.1, 1289a11–20), he explains that every regime
has two parts or forms: the appointment of rulers and the laws by which
the rulers are constrained (735a5–6).27 But instead of turning to these
subjects, he makes a series of digressions. First, in a passage we have
examined already, he sees a need to purge the body politic of “those who,
because they lack food, show themselves ready to follow men who lead
the have-nots in an attack on the property of the haves” (735e6–36a1).28
He then spotlights the “good fortune” of a lawgiver like Kleinias who
has no need to court “the terrible, dangerous strife occasioned by redivi-
sion of land, cancelling of debts, and redistribution” (736c). Starting from
scratch, such a lawgiver can ensure the allocation of property is sufficiently
equal and doesn’t have to rely (or rely as much) on a willingness in the
rich to share with the poor.29 Be that as it may, it is striking that the Athe-
nian feels obliged to dwell on these matters at all, seeing as they require
deviating so conspicuously from his stated agenda. The problem of prop-
erty would seem to loom so large that he can scarcely discuss the outline
of the regime without returning to this problem again and again.30
Finally, at 739a ff., the Athenian takes up the topic of regime in earnest,
but his focus remains the question of property and not the ruling offices
or appointment procedures as we might have expected. It is here that
he announces that “a second-best city is to be constructed,” which he
describes in terms of concessions made in the name of privacy and owner-
ship. “That city and that regime are first, and the laws are best,” he says,
echoing Socrates in the Republic, “where the old proverb holds as much
as possible throughout the whole city: it is said that the things of friends
really are common” (739b8–c2). Like Socrates, the Athenian spells out
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 93
[Magnesia and Kallipolis] are the same Platonic state—but placed at two
points on a single sliding scale of political maturity. Now a politically
mature Platonic state is, essentially, one governed by persons with meta-
physical insights; and the hypothesis of Callipolis is that that kind of rule is
achievable. The hypothesis of Magnesia is that it has not yet been achieved,
and may indeed never be; nevertheless, Magnesia contains as an integral
part of itself machinery embodying a continuing aspiration to it. It is
crucial to this aspiration that the demotic virtues possessed by the second
and third classes of Callipolis be fostered and stabilized in Magnesia as
far as circumstances and the character of the inhabitants permit: hence
the elaborate social and educational provisions that occupy so many pages
of the Laws. In this carefully prepared soil, the rule of philosophy may
take root and gradually grow. But even if the philosophical aspiration
were to come to nothing, at least a superior “law state” will have been
constructed.32
94 R. A. BALLINGALL
reproduce the others, then he will fail to imitate the model in the respects
that ultimately matter. Like a poet who jumbles together dissonant sounds
and images, his imitation will lack consonance and harmony. As a second-
best alternative, then, he ought to pursue consonance indirectly, using
superficial parts unlike those of his model.
The Laws articulates and justifies this view in passages bookending the
account of the simply-best regime in Book Five (739a–b, 745e–46d), the
first of which likens the disavowal of that regime “to the move made by
someone playing draughts, who abandons his ‘sacred line’” (aph’ hierou
739a1–2). Pangle notes that the game of “draughts” (petteia) is in fact “a
generic name for several board games whose precise rules are unknown
to us.”36 However, we do have evidence independent of the Laws for a
game, apparently called “five lines” (pente grammai), where each player
tried to keep his pieces on a “sacred line” (hiera grammē).37 As Leslie
Kurke has shown, it seems that moving from this line “was a last resort
for a player who was being beaten.”38 From the third-century Academic,
Pollux, and Byzantine scholiast, Eustathius, Kurke quotes proverbs asso-
ciated with such a move: “he moves the piece from the sacred line” and
“for people who are desperate and in need of final aid.”39 While winning
a game of pente grammai is associated with keeping one’s pieces on the
sacred line, it seems that one might have to move them from that line
to do as well as possible, either to win outright through a come-back
strategy or perhaps to consolidate a decent position in a game of several
rounds. If this is right, then the draughts analogy is relevant to the Athe-
nian’s purpose because at least one version of such games admits of a
second-best strategy that is not a straightforward approximation of the
preferable way of playing. This strategy takes a rather different approach
towards a player’s ultimate objective. One “abandons his sacred line” and
the superficial property of keeping one’s pieces on it in order to realize
successfully the fundamental property of victory. The player would lose
the game in cases where he adhered to the preferable strategy but was
unable to reproduce all its superficial parts—those needed to make the
strategy of keeping to the sacred line choiceworthy, whatever those were.
If lawgiving is akin to draughts-playing, as the Athenian suggests, then
the lawgiver should likewise be prepared to abandon his own “sacred
line,” here analogous to tyrannical rule (739a5–6). Ruling as a tyrant,
without regard for the consent of the ruled, may be to command that
which reason ordains without adulteration, as we’ve seen. But if the ruled
simply refuse those commands, being predictably unreasonable, then the
96 R. A. BALLINGALL
The things that have now been described are never likely, as a whole,
to find such favorable circumstances that every single detail will coincide
precisely as the argument has indicated. That presupposes men who won’t
object to living in such a community, and who will tolerate a moderate
and fixed level of wealth throughout their lives, and the supervision of the
size of each individual’s family as we’ve suggested. Will people really put
up with being deprived of gold and other things which, for reasons we
went into just now, the lawgiver is obviously going to add to his list of
forbidden articles? What about this description of a city and countryside
with houses at the center and in all directions round about? He might
have been relating a dream, or modeling a city and its citizens out of wax.
These criticisms are not altogether unfair, but the lawgiver must recon-
sider it as follows (this being, then, a reprise of his address to us). “My
friends, in these discourses we’re having, don’t think it has escaped me
either that the point of view you are urging [in aiming at Magnesia] has
some truth in it. But I believe that in every project for future action, when
you are displaying the model that ought to be put into effect, the most
just procedure [ton dikaiotaton] is to depart not at all from what is most
noble and most true. But if you find that anything is impossible in prac-
tice, you ought to turn away [ekklinein] and not attempt it: you should
see which of the remaining alternatives comes nearest [toutou tōn loipōn
engutata] to the model and is most nearly akin to it, and arrange to have
that done instead. But you must let the lawgiver finish describing what
he really wants to do, and only then join him in considering which of his
proposals [tōn eirēmenōn] for legislation are feasible, and which are too
difficult. You see, even the maker [dēmiourgon] of the most trivial object
must make it consistent with itself [homologoumenon auto hautoi] if he is
going to get any sort of reputation”. (745e–46d)42
Pangle has it, for example. In neither case, in fact, does the Greek unam-
biguously refer to a choice among parts, aspects, or details of the best
regime. Instead, one can just as easily understand the choice in question
as referring to a choice among regimes themselves, “remainders” from
the most correct and most just procedure. Since this rendering fits best
with the passage as a whole; with 739a–b, as we have just seen; with the
prefatory draughts analogy; and indeed with the dramatic context of Book
Five; we have good reason to prefer it over the major translations.
city much the weaker. The city would simply refuse reason’s edicts were
reason to speak in the city in the same voice and about the same things
as it would in the mind of the rational man.
These points also explain why the justification for turning away from
the simply-best regime must come on the heels of the prelude to the
lawcode as a whole. The very need of legislative preludes attests to the
prudence of second-best imitation, while the content of the first such
prelude articulates the pattern that such imitation takes. The preludes
represent the lawgiver’s efforts to secure the city’s consent, without
which the regime cannot be consistent with itself and reason cannot
rule, even dimly. To secure such consent is to repudiate the “violence”
and “tyranny” that otherwise attaches to law. But the Athenian speaks of
tyranny in these contexts as a mark of distinction, as the rule of reason
undistorted by efforts to persuade unreasonable people. The rule of law
through preludes is not only a fallback, then, as important as that point
is. Such rule is also an imitation that uses a distinct set of superficial parts.
For law that rules without regard for consent is superficially closer to the
best regime. It simply orders what reason counsels. In practice, however,
abstracting from the consent of the ruled will not achieve the life nearest
to the best. Simply ordaining the forgiveness of all injustice and the elim-
ination of all private ownership will hardly result in a city that observes
these things as far as humanly possible. Trying and failing to approximate
in deed that which seems best in speech is in such cases to leave practice
much further from theory than it has to be. To decree laws unmixed with
persuasion is to neglect how we must sometimes do things very differently
than we might think them.
Where does all this leave the citizen who would become like god? His
case would seem very much akin to the lawgiver’s. He too must imitate
a model that he cannot fully reproduce. Likewise, the details of his own
imitation seem starkly dissimilar from his model’s. And in both cases, the
model itself is identified with the divine. Indeed, as I argue in Chapter 5,
“human” virtue stands to the divine in much the same way as the second-
best regime stands to the best way of life. Rather than become like god
by thinking for himself, for example, the “human” citizen follows reason
only by deferring to external authority. His life comes closest to what
matters by means of separate, superficial parts. Like Kleinias—the lawgiver
who needs the guidance of a god or godlike man—the citizen must stop
himself from playing god even as he follows god. That is why the Athe-
nian lays such stress on observing reverence. The point of casting the
102 R. A. BALLINGALL
Notes
1. Compare, e.g., 739a2–3 with 965e4–5.
2. Thomas L. Pangle, Leo Strauss: An Introduction to His Thought and
Intellectual Legacy (Baltimore: Johns Hopkins University Press, 2006),
46.
3. For the argument that these passages profoundly qualify Socrates’ insis-
tence in the Republic on the possibility of the city in speech, see Laks,
“Legislation and Demiurgy.”
4. See, e.g., Paul Shorey, What Plato Said (Chicago: University of Chicago
Press, 1933); Joseph Beatty, “Plato’s Happy Philosopher and Politics,”
Review of Politics 38, no. 4 (1976): 569; Rex Martin, “The Ideal State
in Plato’s ‘Republic’,” History of Political Thought 2, no. 1 (1981): 1–30;
and Dorothy Emmet, The Role of the Unrealisable: A Study in Regulative
Ideals (London: St. Martin’s, 1994). We shall find the notion of a regu-
lative ideal implicit in most readings of the Laws as well. For the locus
classicus, see Kant, Critique of Pure Reason A644/B672. As the notion
of a regulative ideal implies, the mainstream reading does not assume that
Plato’s political paradigms are intended to be practically possible, only
practically useful in a more-or-less straightforward way.
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 103
5. As is the Kallipolis of the Republic, though Socrates does not make that
fact explicit.
6. There is disagreement about whether the best regime of the Laws is to
be identified with the Kallipolis of the Republic. For the affirmative view,
see André Laks, “In What Sense Is the City of the Laws a Second Best
One?,” in Plato’s Laws and Its Historical Significance, ed. Francisco L.
Lisi (Sankt Augustin, 2001), 108–9 and Schofield, Plato, 9–11, 75. For
the negative view, see Bobonich, Plato’s Utopia Recast, 11–12.
7. Or at any rate is presented as being one. In fact, Balot interprets the
Stranger’s final remarks in the Laws as taking back much of the consti-
tutionalism envisioned for Magnesia. “The Athenian’s parting comments
about the philosophical ‘head’ of the city are designed, I think, to suggest
to other philosophers, including those of Magnesia itself, that they might
rule in accordance with nous, free of servitude to the laws.” Balot, “Odd
Episode,” 77. This idea might seem supported by the testimony of Aris-
totle (Politics 1265a), as Balot points out (75). My own view, as I explain
in subsequent chapters, is that the Athenian imagines philosophical “rule”
in Magnesia as being more indirect and limited, a kind of institutionalized
Socratic dialogue and advice-giving, presumably akin to the conversation
modeled by the Stranger himself with Kleinias and Megillus. The corollary,
though, is that the sub-philosophic officers who would run the day-to-day
affairs of Magnesia remain in need of the rule of law. Nor does the coher-
ence of lawfulness necessarily fall apart in the face of the indirect, limited,
and even invisible tutelage imagined of the Magnesian philosophers. For
this last point, see Robert A. Ballingall, “The Rule of Law and the Imita-
tion of God in Plato’s Laws,” Perspectives on Political Science 51, no. 4
(2022): 190–200.
8. This same passage has been fruitfully studied by Laks (“Legislation and
Demiurgy”), who argues that it forms the basis of a complementarity
between the Republic and the Laws. Socrates in the Republic anticipates
the need for political practice to divert—or, as Laks puts it in subsequent
work (“The Laws ”), “retreat”—from the political paradigm. Meanwhile,
the Athenian in the Laws fills in the details of what that retreat must
involve. In this way, Magnesia represents the sense in which the Kallipolis
is possible. It is what the Kallipolis would become if it were to be
translated into practice. As many others have appreciated, Laks is onto
something here. But he has not shown how his idea can account for the
striking dissimilarity between Kallipolis and Magnesia. His concern has
been to show—implausibly in my view—that the likening in the Laws of
the best regime to a city of gods does not imply that the Kallipolis was
impossible all along.
9. André Laks, “L’Utopie Législative de Platon,” Revue Philosophique de la
France et de l’Étranger 181, no. 41 (1991): 417–28. Others have found
104 R. A. BALLINGALL
16. The Athenian foresees that no “mortal” lawgiver can succeed without
“successors.” Like a painter whose work can always be improved with
touch-ups and restorations, he must anticipate that his own enterprise will
fall short of its potential if he doesn’t compensate for his own “artistic
weaknesses” (769c5–6). Here, the lawgiver whom the Athenian has in
view would seem to be Kleinias. Likewise, the successors he has in mind
would seem to depend on what Kleinias—with the Stranger’s help—is able
to pass down. The Athenian duly speaks of “some device” (769e5) that
might “teach” such a successor “how he ought to guard and set right
the laws” (769e7–8). The implication is that the successors do not have
independent access to the prudence on the basis of which the lawgiver
himself had acted.
17. Marquez argues that, for the Eleatic Stranger of the Statesman, law at its
best is a partial compensation for the “special” and “temporal” scarcity
of the political art. Xavier Marquez, A Stranger’s Knowledge: Statesman-
ship, Philosophy, and Law in Plato’s Statesman (Las Vegas: Parmenides
Publishing, 2012). In this connection, it seems important that the Platonic
Socrates lays claim to the true political art (Gorgias 521d). This assertion
obviously has ironic resonances; he elsewhere calls attention to the private
nature of his life (e.g., Apology 23b). But it also has a serious dimension
that can be understood as overlapping with the political arts discussed by
the Athenian and Eleatic Stranger. In all three cases, the basis of political
expertise is knowledge, not only of the human good, but of the natural
weakness of ethical knowledge in political life. The Athenian, for his part,
identifies as “the greatest title to rule…the one bidding the ignorant to
follow and the prudent to lead” (690b8–10). But he recognizes at the
same time the claims of six other titles in the face of which the rule of
wisdom must bow.
18. As I discuss below, the Athenian anticipates the need for subsequent
deviations from the second-best regime.
19. Many of the preludes invoke or speak of aidōs, as Sakunanandan observes
(“Drawing Rein,” 342). See, e.g., 717a–18a, 729b–c, 879c, 920d–21a,
943e, 917a–b.
20. It is not for nothing that the prelude claims that “no one, so to speak,”
assigns honor correctly (727a2) or takes into account the harm to his soul
from failing to do so (728b).
21. Pangle, “Interpretive Essay,” 451.
22. E.g., Bobonich, Plato’s Utopia Recast and Annas, Virtue and Law, both of
which interpret civic virtue as an approximation of philosophic excellence,
different in degree than in kind.
23. Read in light of later passages such as 738e, the trustworthiness that Athe-
nian here praises seems to be a compensatory device for the privacy that
106 R. A. BALLINGALL
will be permitted in Magnesia. For where citizens have a private life invis-
ible to the community, they can more easily conceal vicious habits and
attitudes and thus avoid restorative punishment.
24. Thomas L. Pangle, “The Political Psychology of Religion in Plato’s Laws,”
American Political Science Review 70, no. 4 (1976): 1063–64; “Interpre-
tive Essay,” 452–55. See also Waller R. Newell, Ruling Passion: The Erotics
of Statecraft in Platonic Political Philosophy (Lanham MD: Rowman and
Littlefield, 2000), 105–11.
25. Strauss, Argument and Action, 67.
26. Throughout the discussion of the legislative preludes, the Athenian avails
himself of the homonymic meanings of nomos, which can mean both
law/custom and song. For readings that especially emphasizes this fact,
see Gerrard Naddaf, “Literacy and Poetic Performance in Plato’s Laws,”
Ancient Philosophy 20, no. 2 (2000): 339–50 and Eleonora Rocconi, “The
Music of the Laws and the Laws of Music,” Greek and Roman Musical
Studies 4, no. 1 (2016): 71–89.
27. But compare Politics IV.14–16, where Aristotle discusses the regime in
terms of three parts.
28. Aren’t these very much crimes of necessity? How can it possibly be better
to visit men with “death and exile” (735e2), in keeping with “the best
method” of purification, merely because they are driven by hunger to
steal? My suggestion is that the Athenian has in mind the problem of
property that we have just examined. He regards hunger as a kind of test:
those who refrain from the property of others, even under the pressures
of hunger, show themselves exceptionally able to overcome self-love. If
self-love is the root of political dysfunction, and hunger makes visible
those who are less in its grips, then an ambitious lawgiver might invite
as colonists to a new city only those who pass such a test. The point is
not to harm the hungry thieves but to exclude them, on the supposition
that some people really are able to overcome bodily compulsion, and it is
these whom the lawgiver especially wants as citizens.
29. The Athenian suggests that an absence of money loving is, nevertheless, an
indispensable device for preserving political activity. It provides “a sort of
sturdy foundation” (736e5), he says, and “a kind of buttress” (737a7) for
the city. Property should be allocated so as to minimize hatred among the
citizens, and the Athenian goes on to describe the desirable allocation in
some detail, arguing for the fixed establishment of 5040 households, each
of which is to be assigned a plot in the country “large enough to support a
certain number of people living moderately, and no more” (737d). But the
city is not to rely merely on an equitable division of property to prevent
civil strife. The citizens themselves should be selected and educated with
a view to how they privilege justice and friendship ahead of money. In
3 CLASSICAL UTOPIANISM IN PLATO’S LAWS 107
this context, the Athenian describes the value of friendship itself in instru-
mental terms, as a way of discouraging citizens from concealing from each
other their vices, as privacy enables them to do.
30. The Athenian’s behavior in this regard is of a piece with his reluctance
to gratify Kleinias’ eagerness to begin “legislating.” He repeatedly demurs
in this face of this eagerness (e.g., 737d, 768c, 768e). On the theme of
“delays” and “deferrals” in the Laws, see Laks, “The Laws,” 263–66 and
Balot, “Likely Stories,” 81–82.
31. Schofield, Plato, 10, emphasis in the original.
32. Saunders, “Plato’s Later Political Thought,” 483.
33. Especially telling are the Athenian’s remarks when he finally treats of the
ruling offices in Book Six. “Observe,” he says, “how much courage and
willingness to take risks will be needed to found our city in the present
circumstances” (752b). Why do those circumstances carry such risk? For
the same reason he identifies at 745e–746a: the likelihood that citizens
won’t consent to such demanding laws. Mass disobedience is obviously
not part of the second-best condition at which the Athenian is aiming. It
is that which must be avoided in the setting down of laws. After all, laws
that are ignored or disdained are no laws at all. But this means that the
second-best regime cannot be that which occurs when the lawgiver tries
for the simply best and falls short. Rather, he must adapt his laws to those
to whom he gives them.
34. Robert A. Ballingall, “Distant Goals: Second-best Imitation in Plato’s
Laws,” History of Political Thought 37, no. 1 (2016): 1–24.
35. This means that what I am calling superficial properties are those respon-
sible for the presence of fundamental properties, while fundamental
properties are those responsible for how a paradigm and imitation ought
to be evaluated. Note, though, that the causal power of superficial prop-
erties depends on how they combine with one another; they do not
engender fundamental properties in isolation. That self-agreement is the
preeminent, fundamental property of the divine paradigms in the Laws is
attested throughout the dialogue, but see esp. 3.689a–d, 696c, 5.739c–
e. It is also important to note that the Athenian refers to this property
(that according to which a regime should ultimately be evaluated) with
different names, depending on context. He will variously call it “virtue,”
“wisdom,” and “consonance” (symphōnia) in reference to individuals;
“friendship,” “freedom,” “intelligence” (nous ), and “unity” in reference
to cities. Nevertheless, as he clarifies at 3.693b–c, “…these goals are not
different but the same” (693c3–4). To make sense of how these could all
be names for the same thing, it is helpful to think of the attributes they
signify as instantiations of self-agreement, broadly interpreted as rational
order. See also note 28 below.
36. Pangle, “Interpretive Essay,” 527n16.
108 R. A. BALLINGALL
One of the great motifs of Plato’s Laws is the analogy of the political
art to imitation and image making. It is at work in the Athenian’s
complex utopianism, as we saw in the previous chapter. It runs through
the lengthy defense of drinking parties in the dialogue’s second book.
But undoubtedly the theme announces itself in the most striking way at
817a–d, where the Athenian asks how a lawgiver might aptly respond to
tragic poets from abroad hoping to practice their art within the city. The
scene asks to be compared with an episode from the Republic (398a–b).
Like Socrates in that dialogue, the Athenian in the Laws stresses the
need to harmonize the arts with the ethical aspirations of the regime.
He counsels that the foreign poets be refused a chorus unless their
works can be shown either to agree with the regime’s civic education
or to improve on it (817d6). Yet he goes much further than Socrates,
proclaiming the regime he has persuaded his companions to found—not
merely in speech, but in deed (702a–d)—to be an “imitation of the most
beautiful and best way of life, which we at least assert to be really the
truest tragedy” (817b3–5). As would-be lawgivers, he and his compan-
ions are poets themselves, he says. They are “rivals” (antagōnistai) of
the traditional tragedians, “artists and performers of the most beautiful
drama, which true law alone can by nature bring to completion—as we
hope” (817b6–c1). In having the philosophical persona of the work utter
these (apparently adulatory) words, does Plato take back the Socratic
Within the context of our broader inquiry, these points help to explain
why the Athenian appears the invite the very thing that he teaches citizens
to avoid. The city is threatened by rule that does not submit to divine law
and by citizenship that insists on independent judgment, or so he claims.
Yet he speaks of politics in ways that might seem to flirt with these very
perils. Ventriloquizing the lawgiver, he bids political men become divine
as far as they are able. He speaks of the best regime upon which Magnesia
would be modeled as an unaudited tyranny. And he describes the law
that would seek the consent of the ruled as a fallback from authoritarian
commands. If the politics that the lawgiver would put into practice takes
aim at lower, more “humane” targets, then why present that politics as
the imitation of inhuman goals? Why speak of it as the imitation of that
which must be avoided? Doesn’t doing so simply tempt political men to
transgress the boundaries that they ought to observe? As we shall see, the
answer lies in the Athenian’s rehabilitation of tragedy. For the reasons that
Magnesia can be called a tragedy are the very ones explaining why its poli-
tics must be cast in such a paradoxical way. On the Athenian’s account,
tragedy is the imitation of the best way of life, where that imitation exag-
gerates its own seriousness yet at the same time fills the soul with reverent
awe. It is therefore of some interest that this definition should precisely
correspond to the Athenian’s formula for the practically-best regime.
Religious reverence in the Republic and the Laws is more a quality that
rulers should foster in their subjects than a quality they should cultivate
in themselves. As a result, these rulers look suspiciously like the rulers we
read about in tragic poets—kings like the Creon of the Antigone, who
114 R. A. BALLINGALL
think they know what is best for their people and who therefore do not
think they need to listen to those below them. Plato thinks he must reject
the tragic view of reverence insofar as it predicts disaster for rulers who
take this attitude. The Philosopher Kings do know what is best.8
There is of course some truth in Woodruff’s point. Both Socrates and the
Athenian Stranger present philosophy as a divine way of life that tran-
scends ordinary human limitations. If “tragic reverence” is a matter of
using awe and shame to remember one’s “humanity” and to respect its
limits, then philosophy really would seem opposed to reverence, or at
least to its “tragic” formulation. Likewise, the Republic and the Laws
both look to the rule of philosophic reason as the mark of the best
regime. Even the second-best Magnesia makes room for philosophic rule.
And are philosopher kings not archetypes of the very irreverence that
is blamed in tragedy? Is Plato’s (putative) endorsement of philosophic
rule not of a piece with his rejection of tragedy and therewith of rever-
ence too? I believe that Woodruff is wrong to think so. To see why,
though, it is necessary to begin with two further points concerning Plato’s
understanding of this virtue.
First, Plato’s Socrates and Athenian Stranger do not literally think
themselves gods.9 They do speak of the philosopher in ways that might
seem to suggest as much. They conceive of human nature as embracing
a natural diversity or rank, the highest rung of which is radically dissim-
ilar from the others, at least in certain respects. For example, the tension
between political justice and private happiness that obtains for most
human beings is on the Socratic account overcome, or nearly overcome,
in the philosopher’s case.10 What is “natural” to most of us does not
limit the philosopher, at least not in the same way. Yet for all that, the
Socratic philosopher remains mortal. He too can reach beyond his grasp.
The natural limits that he must observe might differ from those faced by
others. But they exist for him nonetheless, not least in how they prevent
him from undertaking to rule. His way of life affords no leisure to arrange
the affairs of human beings (Republic 496a, 500b–c, 519c)11 ; he cannot
rule while remaining what he is (496c–d), particularly if his quest for the
most needful human truths remains unfinished, as Socrates teaches of his
own case (450d–e). Nor can he neglect his own dependence on the city.
The philosopher remains a citizen in body, if not in spirit. His security
and sustenance are needs that can hardly be met without the political
community. He is thus mindful of how the community relies on a moral
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 115
I hold that it is this above all that determines whether the city survives
or undergoes the opposite. Where the law is itself ruled over and lacks
sovereign authority, I see destruction at hand for such a place. But where
it is despot over the rulers and the rulers are slaves of the law, there I
foresee safety and all the good things which the gods have given cities.
(715d1–6)
Even if we allow that the Socratic philosopher has little need of reverence,
the rulers of Magnesia need it very much, assuming with Woodruff that
reverence is inconsistent with despotism. Magnesia’s rulers must think of
themselves not as masters but as slaves, serving the gods and the laws
over which the gods preside (715c3–4).13 The Athenian might carve out
a space in this regime for the indirect rule of philosophy, as we have
seen in previous chapters and will go on to see again in our analysis of
Magnesia’s Nocturnal Council. But that role remains very much advisory.
The philosophers of Magnesia are never conceived as on-the-spot rulers,
administering day-to-day affairs of state.14 This makes sense in light of
Socrates’ images in the Republic underscoring the unlikelihood of the
116 R. A. BALLINGALL
best regime. The philosophers who would rule Kallipolis would need to
be compelled to take up the reins, so much do they prefer philosophy to
managing public affairs. Yet those who would have to compel them would
need to have benefited already from the therapeutic rule of philosophy in
order to see its advantage.15 In all existing cities, the philosophers are
useless because no one tries to make use of them (488a–89a); everyone
believes himself to know already what is good and bad and seeks power,
wealth, and fame for himself accordingly. What is more, Socrates describes
how in all actual cities the philosophic nature is either corrupted by public
opinion and its presumptuous love of rule (492–93c) or is preserved
uncorrupted only by withdrawing from public life (496a–e, cf. Apology
31d–32a). In short, the Republic adduces sundry reasons for doubting the
viability of philosophic despotism, in keeping with (rather than in contrast
to) the Athenian’s arguments in the Laws.16 In neither work does Plato
“reject the tragic view of reverence,” if by that we mean the disavowal of
tyrannical government out of respect for the limitations of humanity. It is
precisely because of a respect for such limitations that the Athenian repu-
diates tyranny as a viable politics, a view that Socrates implicitly shares.
What, then, are we to make of the critique of tragedy found in the
Republic and elsewhere? How does that critique square with the reha-
bilitation of tragedy in the Laws ? On Socrates’ account, tragedy invites
sympathy for the spectacle of human suffering (Republic, 605c10–d5).
But the suffering that it represents depends on false beliefs about what
is good and bad. To sympathize with tragic representations is to rein-
force these false beliefs. The Athenian for his part does not explicitly
connect such beliefs to tragedy,17 but he does regret their appeal. Human
beings, he says, are inclined by nature to identify happiness with human
goods such as health, beauty, strength, wealth, tyrannical power, and
immortality (Laws, 631c1–4, 661a5–b4, cf. 661d6–e5). For him, as for
Socrates, attraction to such goods is bound up with attachment to one’s
individual existence. Human goods are related to self-love and to the plea-
sures of the body, the thing that is most one’s own and that can least
be held in common.18 But the virtues on which the city relies look to
the common ahead of private advantage. They seem to stand in painful
tension with private happiness; they demand the transcendence of natural
self-love. This is especially true where virtue is misrecognized or otherwise
unrewarded with human goods. It is true above all where circumstances
conspire to thwart virtuous action itself, along with its external rewards.19
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 117
Suppose some of them should at some time come to us and ask something
like this: “Strangers, shall we frequent your city and territory or not? And
shall we carry and bring along our poetry, or what have you decided to do
about such matters?” What kind of a reply regarding these matters would
we correctly give to the divine men? For my part, I think it should be as
follows: “Best of strangers,” we should say, “we ourselves are poets, who
have to the best of our ability created a tragedy that is most beautiful
and the best; at any rate, our whole political regime is constructed as the
imitation of the most beautiful and best way of life, which we at least
assert to be really the truest tragedy [ho dē phamen hēmeis ge ontōs einai
tragōidian ten alēthestatēn]. Now you are poets, are we too are poets of
the same things; we are your rivals as artists and performers of the most
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 119
beautiful drama, which true law alone can by nature bring to perfection—
as we hope. So don’t suppose that we’ll ever easily, at any rate, allow you
to come among us, set up your stage in the marketplace, and introduce
actors whose beautiful voices speak louder than ours.”
The first thing to notice about this passage is that the pronoun ho (817b4)
introducing the relative clause (“which we at least assert to be really
the truest tragedy”) is in the neuter. Strictly speaking, the antecedent to
which the clause refers can be neither “our…regime” (politeia, which is
masculine), nor the most beautiful and best “way of life” (bios, which is
feminine). The relative clause must refer to the entire preceding idea.22
The “truest tragedy” must be the imitation of the most beautiful and best
way of life, of which the regime conceived in the Laws is an example.23
The Athenian does not say what it is about such imitation that suffuses
it with tragedy, but he does supply a clue. At 817a2–3, while intro-
ducing his thought experiment about the itinerant poets, he refers to
“our [Athenian] tragic poets” as “what they [the Athenians] call the ‘seri-
ous’ poets.”24 In saying as much, he echoes references to tragedians in
the Laws and elsewhere as poets who are “serious,” who claim to speak
of the genuinely serious things.25 Earlier in Book Seven, in fact, he had
laid down a kind of sermon on the serious. And when we attend to this
sermon and to its dramatic context, we notice that it explains why the
city’s second-best imitation must be founded on a false hope and must
for that reason among others be a tragedy.
The Athenian delivers this speech about the serious things while revis-
iting the topic of civic education, something he had addressed already
in the first books of the dialogue. He had first discussed education in
an attempt to illuminate the “serious goal” (659e) of the political art,
which he had identified as the “consonance [that] in its entirety is virtue”
(653b).26 As we saw in Chapter 2, he had also been careful to identify
merely civic or political education with “being correctly trained as regards
pleasures and pains” (653b–c). In Book Seven, he makes explicit what had
earlier only been implied: that the political life for which civic education
prepares its pupils is not a very serious thing after all, at least compared
with the life of the gods or “god” (cf. 897b) whom the city would revere.
The Athenian justifies returning to this topic on the grounds that
“things were omitted” from its initial treatment (796e). He seems to be
referring to the importance of what he calls “the character of games”
(to tōn paidiōn genos, 797a7) in determining “whether the established
120 R. A. BALLINGALL
to utter.” Only now does he dare to cast the putatively serious business
of public affairs as a series of “games,” not merely in the sense of the
pleasurable activities of children, but also in the sense of the low and
trivial.
The first such moment occurs at 792b–c when the Athenian provokes
Kleinias into agreeing that one should “apply every device in an attempt
to make the three-year period for our nurslings contain the least possible
of suffering and fears and every sort of pain” (792b4–6). As part of his
new account of education, he addresses gymnastics and a novel policy
of physical exercise for expectant mothers, infants, and young children.
The point of this policy appears to be twofold. First, by introducing
from the very earliest age exercises that ostensibly harmonize with the
civic virtues to be cultivated later in life, the lawgiver might improve the
ethical prospects of adult citizens. Second, the lawgiver might “mold” the
nurslings to be receptive to courage in particular by alleviating the terror
to which the very young are accustomed. The Athenian duly recommends
continuous rocking motions which assuage “the fear and mad motion
within” (791a2–3), on the supposition that “every soul that dwells with
terror from time of childhood would be especially likely to become accus-
tomed to feeling fear; and presumably everyone would assert that this
is practice in cowardice rather than courage” (791b5–8). The reader is
already aware that something is amiss here inasmuch as he recalls the
Athenian’s eagerness in Book One to extol a fictitious “fear drug.”27
There, he had claimed that courage is cultivated precisely by becoming
accustomed to feeling fear, in what he had called a “gymnastic exercise
against fear” (648d3, cf. 694d–96a). But Kleinias has already forgotten
that early part of the conversation and now falls headlong into the Athe-
nian’s trap. He agrees not only that one should limit the pain and terror
the nursling feels but adds that “clearly” it would be best “if one should
provide many pleasures for it” (791b9–c1). In a startling volte-face, the
Athenian seizes on this casual remark and makes a point of harshly
disavowing it: “In this I would no longer go along with Kleinias, you
amazing man! That kind of behaviour is for us the greatest of all corrup-
tions” (792c2–4).28 He then uses the opportunity he has contrived to
remind his companions and readers that “the correct way of life should
neither pursue pleasures nor entirely flee pains” (792c9–d1) and adds
that “this is how we all characterize precisely the situation of the god”
(792d4–5).
122 R. A. BALLINGALL
Suppose someone once took it into his head to paint the most beautiful
figure possible, one that would never get worse but would always improve
as time went by. Don’t you see that since he’s mortal, he’ll have to leave
behind a successor, able to make it right if the painting suffers some decay
at the hands of time, as well as to make future touch-ups that improve on
the deficiencies left by his own artistic weaknesses? (769b–c)
Ath. Of course, the affairs of human beings are not worthy of great seri-
ousness; yet it is necessary to be serious about them. And this is not a
fortunate thing. But since we’re here, if somehow we would carry out
the business in some appropriate way it would perhaps be a well-measured
thing for us to do. But whatever am I saying? Someone would perhaps be
correct to take me up in this very way.
Kl. Indeed!
Ath. I assert that what is serious should be treated seriously, and what is
not serious should not, and that by nature god is worthy of a complete,
blessed seriousness, but that what is human, as we said earlier, has been
devised as a certain plaything of god and that this is really the best thing
about it. (803b3–c6)36
Although he tries to humble his companions and, through them, the citi-
zens of the city that they might found, the Athenian is coy about what
it is that so reduces their seriousness.37 Claiming to have been “looking
away toward the god” (804b7–8), he avails himself of their reverence,
such as it is. He reminds them that, as mortal creatures, they must be
wary of reaching too high. But he also gives his most careful listeners (or
readers, 811d) sufficient clues to grasp his deeper meaning.38 If human
affairs cannot be taken as seriously as the god, then human beings must
remain unlike god. God is a paradigm of perfection; human beings must
remain imperfect. The merit of legislative immutability, however, depends
on flawless laws, and such laws can be created only by flawless lawgivers, if
they can be created at all. It follows that immutability cannot be practiced
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 127
Reverence Recast
As pregnant as the Athenian’s claim has proved to be, there are still more
dimensions to his meaning. To pronounce it the truest tragedy is to imply
that the regime overstates its own merit, but it is also to imply that it
challenges men’s vanity. Magnesians must accept the god’s perspective
and its relevance to their own way of life; they will truly consent to his
commands only if they recognize the extent to which they remain beneath
his Olympian prospect. Adorning customary beliefs with divine authority
is of a piece with the disavowal of private judgment, with a visceral sense
128 R. A. BALLINGALL
of being distant from and less than the gods. Custom and law need to be
venerated. It is this need that explains why politics should be conceived
as the imitation, not only of the best regime or the most beautiful way
of life, but of god. For god or the divine is the thing before which the
reverent person feels awe. It is that which makes him feel insignificant and
evokes respect. It is not just any image of perfection, but one that can be
personified in frightening, anthropomorphic beings jealous of their lofty
rank. The awe that it inspires is a species of fear, and thus a genus of pain
(644c10–d1), so the divine can move mortal nature to shrink from what-
ever it comprehends. Reverence for the gods can pull the iron cords of the
puppet image, regardless of whether a person’s other desires and aversions
are misaligned with the law. It is the passions that reverence summons up
that can serve as law’s helpers, enhancing the law’s gentle but noble force.
In this way—compelling the reverent man to doubt his own perception
of the good and the pleasant—reverence destabilizes the painful appear-
ance that mortal nature otherwise imparts to virtue. It can thereby lay
the foundation for customs that are genuinely useful to the city, those
that demand cooperative behavior that often seems painful. And since it
is reverence that is extolled above all in tragedy, the Athenian’s praise of
this virtue is of a piece with his rehabilitation of the tragic.
The Stranger alludes to how reverence can play this role in his initial
account of music. This account anticipates the later speeches about the
serious and the tragic, as we have begun to see. But it also treats more
explicitly of awe and shame and how these passions can be trained to
support civic virtue. The Athenian turns to music in an effort to replace,
as the authoritative source of law, Zeus and Apollo, Minos and Lycurgus,
with “the god” reflective of his own reason. This effort centers on his
claim that the mark of truly divine law is how it provides “all the good
things” and thus secures the happiness of those who use it. So much we
recall from Chapter 2. What we did not have occasion to consider when
first examining this criterion was the one Dorian law that the Athenian
goes on to praise in accord with it. This is the law that permits criticism
of other laws, provided such criticism is done is secret and by the old
(634e4–6). It otherwise prohibits critical inquiry into the laws and even
“commands all to say in harmony that all the laws are finely made by
gods” (634e1–2). What is it about this “law of laws” that promotes a
comprehensive happiness, as truly divine law must apparently do?40 I want
to suggest that it points to how the dilemma facing divine law in general
might begin to be resolved. This dilemma has to do with how reverence
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 129
for law seems inconsistent with the rational critique of law. Either we
revere law but cannot know it apart from unaccountable inspiration or we
know law through responsible human reason but then cannot reverence it
as something divine. If, however, the critique of law occurs like a mystery
rite behind closed doors, or is otherwise made invisible, as the law of
laws requires; and if such critique is limited to those who have long been
habituated to venerate the law; then making law responsible to reason
need not be as inconsistent with reverence as at first it might have seemed.
Correctly understood, divine law might confer both of these good things.
This possibility is borne out by the way in which the Athenian reflects
the law of laws in his conversation with Kleinias and Megillus. Rather
than directly criticize the Dorian regimes, he sustains the conceit that
their laws really are divine; he feigns “perplexity” at how they don’t seem
to conform to that criterion (635b3). Divine law promotes the happiness
of all who use it. It is therefore the task of such law to teach the whole of
virtue (630e, 632e, 688b). But certain virtues are learned only by permit-
ting citizens to “taste the greatest sorts of pleasure and play” and it is
from these that the Dorian laws command citizens to abstain (635b4–6).
How, then, can those laws be divine? What would they have to command
concerning pleasure and play to live up to that standard? It is in response
to this question that the Athenian comes to the topics of wine drinking
and music. He presents the education of which these topics are ostensibly
a part as the correct training of pleasure and pain. Rightly understood,
education trains our likes and dislikes to conform with good taste and the
demands of justice. Yet he speaks of the contribution of wine drinking and
music in a most curious way. These practices teach “moderation” (647d),
he says, and they shape our pleasures and pains (653b). But they would
also seem to be ancillary or extraneous to education itself. Their contri-
bution is either a “safeguard” against education’s failure (653a1–3) or a
search for those who have little need of education at all (648c–e). The
drinking of wine and the enjoyment of music turn out to protect against
the persistence of bad taste more than they teach good taste itself.41 That
they make a great contribution to education is a claim that the Athenian
declines to endorse. “To be sure of the truth in such matters, when so
many disagree, would belong to a god” (641d6–7).
It is in this way that reverence begins to emerge as the lynchpin of
the Athenian’s civic pedagogy. For the passions that reverence governs
are tied to our limitedness and moral failures. According to the Athe-
nian, it is the training of these passions in particular, and not pleasure
130 R. A. BALLINGALL
and pain in general, to which the drinking party rightly used contributes.
Wine dissolves the effects of shame and awe; it makes us forget the
judging gaze of other people and of the gods, filling us instead with
transgressive audacity (649a–b).42 Drinking thus exposes people whose
“virtue” depends on their sense of shame and reverence for the gods. It
is they who do and say while drunk what they would hardly ever do or
say while sober. How, then, does tempting such people to do and say
shameful, insolent things contribute to education? The Athenian’s answer
is not that it teaches them to stop desiring what is shameful and inso-
lent. Rather, he claims that it teaches resistance to the enduring desire
for those things. It is, as he later puts it, a medicine intended “to put
aidōs in the soul” (672d). Those who act shamefully while drunk can be
made to feel ashamed of themselves once sober. Shame is so universally
and acutely painful that most anyone will do very much to avoid feeling
it. Being shamed makes us more afraid of doing again whatever made us
feel ashamed in the first place. By tempting people into shaming them-
selves, the well-run drinking party would increase people’s fear of shame
and thus their watchfulness over themselves.43 Drinking wine can thus
become a “gymnastic training in combatting [shamelessness]” (647c8–9).
It is by having a well-developed sense of shame, learned through being
shamed, that a person benefits from this institution.
As the Athenian goes through this initial account of wine, he shifts
focus from the educational benefits of drinking to its usefulness as a
psychological diagnostic. He begins to speak of the drinking party as a
means of safely testing the natures and habits of souls, which he claims to
be of the greatest use to the political art, whose business it is to care for
souls (650b). In the private circumstances of the symposium, under the
rule of someone sober and wise (640d), the drunkards lose their fear of
disgrace and show their true colors without risking outrages against the
public good. They can be shamed, but without setting a bad example.
Alternatively, if they remain stalwart in their propriety, the drunkards can
prove themselves to have a virtue deeper than a reverent sense of shame
and awe (648d–e).44 Either way, the “training” that wine drinking confers
is also a “test” that reveals the natures of the drinkers. Its use is presum-
ably to enable the lawgiver or symposiarch to tailor his therapeutic rule
to the diverse needs that he thus uncovers (cf. 666e–667a). The testing
function would therefore seem rather different than the training function.
The one diagnoses pathologies (or excellences) of soul; the other trains
the sense of shame and awe in the citizen who betrays such pathologies
lest he give in to them.
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 131
The fact that these two functions are distinct makes the sequel some-
what puzzling. For what ought to be investigated next, the Stranger says,
is whether the only good (monon agathon) of correctly managed drinking
parties is the insight that they afford into the natures of the drinkers
(652a1–5). In saying as much, he seems to ignore the very argument that
he has just concluded. He has introduced wine drinking as a part of civic
education in its own right, not merely as a means of parsing those who
need such education from those who don’t. The knowledge of the natures
and the habits of souls was a benefit that he adduced only later, following
his initial account of awe and shame. Now, at the beginning of Book Two,
he is strangely silent about the good for whose sake he had ostensibly
taken up the topic of wine to being with. Nor is the great benefit that he
next proposes investigating whether wine drinking really does contribute
to education of its own accord. Rather, the question becomes whether the
drinking party, when nobly directed, affords a means of protecting educa-
tion (653a). The Athenian thus pretends to have forgotten the manner
in which the drinking of wine was introduced. Why? Why suddenly speak
of wine drinking as if its only benefit, or the only one that he has so far
considered, is to supply a means of seeing into other men’s souls?
Given what the Athenian has so far implied about education, the
answer would seem to be that, whatever the well-run drinking party
teaches, it is a response to the failure of education proper. If the mark
of the educated person is to cease depending on shame and awe, having
learned to love and hate the correct things in the correct ways (653b–
c), then the training in shame and awe that the drinking party teaches
must be superfluous to education itself. Such training teaches a virtue
that is extraneous (if still very necessary); it is needed only as a means of
revealing those in whom education has been successful and as a precaution
against those in whom it has not taken hold. Perhaps, then, the Athe-
nian ceases to speak of the drinking party as a contributor to education
because the passions that it trains and hones are needed only in response
to or in expectation of moral imperfection. The sort of education to which
the well-led symposium belongs is of a lower rank than the sort that he
has in mind at the beginning of Book Two. Another possibility, and one
not inconsistent with the foregoing, is that the Stranger is anticipating
the line that he later walks when discussing the tragedy of second-best
politics. He wants his companions and those like them to take civic educa-
tion seriously, but he also wants to call attention to the pervasiveness of
education’s failure and to the significance of that fact. Even in Magnesia,
132 R. A. BALLINGALL
few would overcome the need to reverence the law. That would require
becoming “a perfect human being” whose likes and dislikes conform with
what reason marks out as best. The virtue that the drinking party teaches
does not amount to the consonance that is of a piece with perfection. It
is not the most serious thing. Nevertheless, it is necessary to take it seri-
ously. To take it seriously is the only means by which childlike men might
be put in touch with the intelligence that ought to command the greatest
respect.
of vice more beautiful than those of virtue. But most people do say that
we ought to judge music by “its power to provide pleasure to souls.”
And that, he claims, is neither acceptable nor at all pious to utter (655c5–
d3). As Kleinias agrees, different people take pleasure in different music
(655b9–c1). Musical performances are imitations of character (655d) and
a person’s character comes to resemble those performances that he finds
pleasant (656b). He who takes pleasure in imitations of poor character is
thereby corrupted, even if he conceals his pleasure or otherwise dismisses
it as something merely playful. Pleasure is the wrong criterion for judging
music because not everyone takes pleasure in the imitation of virtue.
Indeed, were someone to set up a contest to see which poet would most
please the spectators of a whole city, the winner would hardly be the one
who plays most to good taste (658a ff.).46 Children would judge as best
the man who presents puppets; young men, the one who presents come-
dies. Tragedy would be judged most pleasant by the women, younger
men, and “almost the majority of the whole” (658d3–4).47 The elders,
meanwhile, with whom the Athenian invites Kleinias and Megillus to
identify, they would judge the rhapsode most pleasing. It would be “nec-
essary,” he adds, to declare that poets chosen by men such as they be
“the correct winners,” seeing as only men like themselves have benefited
from the best available “habitation” (658e). The Athenian seems to allow
that music should be judged by pleasure after all, only not the pleasure
of any chance listener. “Almost the finest Muse,” he says, “is she who
pleases the best men and the adequately educated men, and especially
finest is she who pleases the one man who is distinguished in virtue and
education” (658e8–659a1). Regardless of the relationship between these
best men and the elders, a question about which the Athenian remains
equivocal, the immediate and massive problem at which he is driving
is the scarcity of these men and therefore the paucity of good taste. If
virtue is something that we have to learn from music itself, then none
of us will spontaneously find good character appealing. As the Stranger
later claims, the just and virtuous character appears pleasant only to the
just and virtuous man (663b–c). But if we become just and virtuous by
taking pleasure in imitations of justice and virtue, then there is a chicken-
egg problem at the heart of musical education. The poets make music
that their audience finds appealing, yet music that teaches good char-
acter doesn’t appeal to most audiences. We would already need to be
virtuous in order to create a demand for the music needed to make us
134 R. A. BALLINGALL
unchanged for a great length of time,” he says, “if they neither remember
nor have heard that things were ever otherwise than they are at present,
then the entire soul reverences and fears (sebetai kai phobeitai) changing
any of the things that are already laid down” (798a8–b4, cf. 838d–e). It
is the affects associated with reverence to which divine law looks in its
efforts to get around the problem lying behind musical education.
The Athenian’s idea seems to be that musical audiences must be filled
with awe, in part by confusing cause and effect. Something held to have
never changed can be believed to be perfect and thus worthy of rever-
ence.50 As the Athenian avers, change “is much the most dangerous
thing in everything except what is bad” (797d9–10)—which is really to
say that change is necessarily bad only in the case of something abso-
lutely good. A necessary consequence of remaining perfect is to remain
the same, at least in the relevant respects. In that one case, change is
always a movement away from what is good. But remaining the same is
hardly the cause of perfection. As we observed before, persistence merely
goes with perfection; it does not create or indicate it. However, this cum
hoc fallacy can be easily obscured, which is part of why perceiving some-
thing to be immutable can inspire awe and respect, keeping us from
thinking it prudent or permissible to change it. Perfect things don’t
change; if something has long remained the same, it can seem perfect.
“That which remains lawful over a long span/ Is lawful by nature for all
time” (Euripides, Bacchae, 895–96).
Another reason that antiquity can inspire awe is simply because it
evokes the presence of something big. If the laws are believed to come
down to us in an unbroken chain from the most ancient ancestors, then
the majesty of that immemorial patrimony can attach to them. It is one
thing to reject the authority of contemporary critics, who are a small
group, to say nothing of the one truly competent judge. It is quite
another thing to reject the consensus of the ancestors, who are many,
perhaps infinitely so (cf. 810d7–e4). The greatness of the ancestors can
even dwarf that of the public or indeed of anything “with a lot of power
and strength” (686e4–5). Public opinion gets tremendous strength from
how it overshadows our private judgment, or the judgment of the few
critics who disagree with it. But that strength can be curbed by appealing
to those who have come before us, who are even more numerous than
the public. And unlike the living public, whose opinions are known, the
ancestors have the great advantage of being dead. They are like a blank
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 137
canvas on which the lawgiver and tastemakers can draw the values they
want to teach to the young.
It is true that the originators of ancient customs may have been quite
useless as lawgivers. As the Athenian’s subsequent account of the remote
past attests, the chronological “origin of legislation” lies not in some
impressive, trustworthy title to rule, but in the natural compulsion faced
by ignorant simpletons (cf. 681c with 690a–d). Customs that really are
inherited unchanged from the earliest times are likely to reflect the abom-
ination of those times.51 It is in this spirit that the Athenian remarks to
Kleinias that there are features in the Egyptian law “that you would find
pretty poor,” despite (or because of) their astonishing endurance (657a5).
If the Egyptians used antiquity to enhance customary authority, they did
so despite the poor quality of the ancient things and the ignorance of the
ancestors. Indeed, they found success only because they held the ancient
things to have originated in “the work of a god or someone divine”
(657a8–9)—that is, a figure that inspires awe in its own right. According
to the Athenian, it was ultimately through this device of sanctification (tou
kathierosai, 799a4, cf. 657b6, 839c4–4) that the Egyptians sufficiently
enhanced the magnificence of the ancestral and secured its authority.
Personifying the old in flawless paragons, they projected intelligent purpo-
siveness into otherwise imperfect, even arbitrary customs. Apprehending
the laws as gifts bestowed by divine ancestors, they compelled them-
selves to be exceptionally wary of violating the laws or innovating upon
them. To do so would have been to set themselves up as somehow supe-
rior to the divine and ungrateful of its benefactions. It would have been
to forget their own humanity, showing themselves insensitive to what is
awesome and shameless before their superiors. It was, then, by adorning
the ancestors with the mantle of gods that the Egyptians backstopped
the authority commanded by the ancestral laws. And it is by appealing
to their example that the Athenian shows how age might stand in for
wisdom as the arbiter of good music. Age has greater authority than the
one wise and virtuous person; the many sanctified ancestors can inspire
reverence in a way that one living person never can. But the Athenian
never forgets that wisdom and virtue are rare accomplishments. They are
achieved only by the few, if they are achieved at all. In the event, they
do not seem to have been achievements of the Egyptians or the Dorians,
whose regimes didn’t leave room for intelligence. Under truly divine law,
cultivating intelligence would be as much a priority as forestalling inno-
vation. Truly divine law would use legislative conservatism to translate
138 R. A. BALLINGALL
the judgment of the wise into that which can be revered by the many, a
difficulty to which we shall return.
things which he began judging for himself as painful (cf. 661d–62a). The
rule of nomos —of the city’s foundational moral beliefs—could not survive
the emergence of this “wretched theatocracy” (701a). The Athenians lost
the willingness to be enslaved to “rulers.” Musical critics, parents and
elders, laws and customs, ultimately the gods themselves—inasmuch as
any of these traditional figures commanded anything apart from what
each person spontaneously desired, they ceased to be obeyed. Irrever-
ence, then, as attested by the opinion that each is wise in everything, led
the Athenians to “display and imitate what is called the ancient Titanic
nature—arriving back again at those same conditions, and introducing a
harsh epoch in which there is never a cessation of evils” (701c).56
Before unpacking the political psychology chronicled in this story of
decline, something that we shall do in the next chapters, it is enough to
notice just how important reverence is to the Stranger’s account, and how
this account is connected to his later claim that he and his companions
are poets of the truest tragedy. As he comments on the heels of that
claim, lawgivers and rulers would be almost completely mad if they did
not closely monitor and censor the music performed by and for citizens
(817c–d). No city should willingly tolerate a music that contradicts the
education enjoined by its laws. Athens itself—or at any rate its caricature
in the Stranger’s story—stands as a dire warning in this regard.57 But in
appealing to the Athenian example, the Stranger is also alluding to the
program of censorship that he endorses with such pregnant trepidation.
Where music remains unregulated, the poets will cater to popular tastes,
so much so that they will teach an aesthetic subjectivism that seems to
validate those tastes. The trouble is that good taste is rare. It is given to
very few to realize a genuine education. Even in the utopia of the Laws,
the training of pleasure and pain would hardly succeed with most people.
That is why it is the drinking party that models education in practice.
Citizens predictably like and dislike the wrong things in the wrong ways,
even when they have benefited from the best habituation. The training
they need is more a matter of learning to follow the likes and dislikes of
those in whom genuine education really has found success. It requires
doubting the validity of their own taste and judgment and fearing the
shame that can be attached to thinking otherwise. It requires reverence.
The traditional poets might seem to teach reverence too, but they neglect
its proper use. Like the Dorian lawgivers, they fail to mobilize awe and
shame against popular taste. If they inspire these passions, they do so in
ways that reinforce the perception that the just things and the pleasant
142 R. A. BALLINGALL
things are insuperably at odds, and that the whole in which human life is
led is therefore mysteriously indifferent or malevolent. The truest tragedy,
by contrast, the one that divine law might bring into being, would teach
that these things are seen by most of us “from a distance” and thus appear
obscure (663b). To see them close up would require the prospect of the
god or godlike man, to whom alone the just things appear consistently
pleasing but whose perspective we ought to trust, mortals that we are.
We have, then, uncovered compelling reasons to reject the view that
for Plato “the reverence of perfection is contrary to tragic reverence.”58
Plato’s Athenian certainly “urge[s] people to emulate the gods,” but he
also presents the gods as objects of reverence from which he expects
human beings to keep their distance, lest they “insolently” fall back on
their untrustworthy scruples. It is not for nothing that he calls himself and
his partners as rivals of the tragic poets; they would rehabilitate the tragic
virtue par excellence. Political men should feel awe before the god they
would emulate; to present political life as the imitation of god is not, or
not necessarily, to overlook the need of respecting human limits. In fair-
ness to Woodruff, political life hardly needs to be presented in this way.
If the lawgiver’s purpose is to inspire awe and a fulsome sense of shame,
then we have every reason to ask why he would speak of imitating god at
all, and not simply present politics as the observance of divine commands.
The answer, though, cannot be that the Athenian is replacing reverence
for the gods with “reverence for moral perfection” and “set[ting] moral
goodness on the throne that the gods have left.”59 He presents the gods
themselves as fearsomely above and beyond the human beings who would
follow them. He warns, in the most dreadful terms, against imitating
god without measure. If Plato is sympathetic to the project on which his
Athenian Stranger embarks, then he appreciates the importance of tragic
reverence to political life. To continue unriddling the puzzle at the heart
of the Laws must be to entertain alternatives to Woodruff’s reading.
Notes
1. For another take on the tension between Socrates’ criticism of tragedy in
the Republic and the Athenian’s seeming embrace of tragedy in the Laws,
see André Laks, “Plato’s ‘truest tragedy’ (Laws, 817a–b),” in A Critical
Guide to Plato’s Laws, ed. Christopher Bobonich (Cambridge: Cambridge
University Press, 2010), 218. Laks notes, however, that the Republic does
4 THE ATHENIAN’S REHABILITATION OF TRAGEDY 143
Plato’s Laws has long suffered a reputation for betraying the Socratic
spirit that had infused the so-called early dialogues. Whereas these
works indisputably take up certain “Socratic paradoxes” and culminate
in arresting perplexity, the Laws can seem philosophically dogmatic and
given over to political advocacy. After all, the only dialogue (besides the
Epinomis ) from which Socrates is altogether absent is uniquely devoted to
the most thoroughgoing political deed. In its pages, philosophy becomes
ministerial to politics; “in legislation the higher is in the service of the
lower.”1 Readers have frequently seen in Socrates’ absence a turn away
from the rich and sympathetic portrayal in the Socratic works of the
philosopher’s interlocutors, and even from the philosophical problems
about which Socrates had been so keenly concerned. To these inter-
preters, the mysterious stranger by whom Socrates is replaced in the Laws
reflects the impatience of his ageing and jaundiced author. “The Laws is
an old man’s work,” writes George Klosko. “The lack of dialectical inter-
change indicates something about Plato’s temper …in many ways it shows
a mood of tiredness and resignation.”2
As we have seen, however, the Laws too articulates philosophical quan-
daries in the drama between its characters. Even its relative monophony
serves a dramatic purpose all its own. Likewise, the enigma around which
the dialogue is written echoes the problems with which the Platonic
Socrates is preoccupied. In presenting political life as the imitation of
god, the Laws points to the question of how a form-like paradigm can
find expression in a mutable “participant.”3 The Laws similarly exam-
ines how the good must in practice take a different shape than it does in
speech. Again like Socrates, the Athenian appears to deny the possibility
of voluntary injustice. And by likening himself to a tragic poet, even as
he accepts the Socratic critique of tragedy, he raises anew the “ancient
quarrel” between poetry and philosophy.4 In this chapter, I examine yet
another way in which the Laws takes up and recasts a Socratic paradox.
The god whom the city emulates is said to possess every virtue and is
even identified with intelligence, the leader of the virtues (cf. 631c with
897b). Yet the citizen “is to be proclaimed wise” only inasmuch as his
soul does not oppose “what in his opinion is noble or good” (689a),
an opinion that he would “take over” from law (645b). In fact, as we
saw in the previous chapter, the Athenian implies that even this limited
internal consonance must remain an exceptional achievement. Education
might aspire to train desires and aversions to harmonize with reason, but
it relies for its safeguard on a “moderation” rooted in awe and shame, so
much so that cultivating this safeguard must remain education’s primary
task. In the same vein, the god to whom the city looks up is said to be
the cause and measure of all things, yet the citizen who becomes like god
is merely “moderate,” precisely because he refuses to measure all things
by reference to himself (716d). He looks, rather, to the divine law for the
guidance that he knows he needs (716a). It would seem that the political
man whom the Athenian exhorts to godlikeness achieves his goal precisely
by refusing to become a god. How can we make sense of this paradox?
What does political moderation have to do with divine intelligence?5
These questions become especially sharp in light of the Socratic
problem of the unity of virtue, a problem to which the Athenian connects
the imitation of god and the study of which he claims must be among the
highest duties of the city under divine law (965c–d). Echoing Socrates,
he observes that virtue appears to be both one and many (963c). It
seems to involve excellences that can at once be distinguished from—yet
identified with—each other. What, then, is the relationship between this
unity and plurality? Courage, for example, governs fear and is a virtue
in which even animals and young children share (963e3–6, cf. 807b).6
Prudence, however, presupposes reason and is achieved only in human
beings (963e6–8). Yet both courage and prudence are somehow parts of
the same thing. How can this be? To understand virtue, both its particular
incarnations and its general form or idea, it would seem necessary to grasp
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 153
a “definition” (logos ) that covers all such cases (964a). But the cases can
appear so different that any general definition would seem inadequate.
Conversely, looking at virtue through a general definition can make its
multiplicity disappear. Either virtue has many parts but then no general
definition, or it has such a definition but then no longer distinctive parts.
The problem proves especially vexing given the orientation of divine
law. The goal of the city under such law is to promote the whole of
virtue and thus to make those who use the law happy. But the city cannot
teach the same virtue to all citizens. As the Athenian claimed at the outset
and clarifies in the conclusion, even the “guardians” whom the lawgiver
should install are not all “grounded in prudence.”7 Some (most?) must
settle for “true opinion” (632c) and become a mere “image of intelli-
gence” (965a). Apart from the “more precise education” to which he
alludes (965b), the education that divine law would make its chief busi-
ness aims at virtues of a lower grade. At best, it harmonizes pleasure and
pain with lawful opinion; more typically, it teaches the self-control born
of shame and awe. How do these diverse goals of education cohere? How
can they all be described as the imitation of divine reason, of virtue in the
strict sense?8
In previous chapters, I suggested that the Athenian takes the Socratic
view that only the philosophic life lived to its full potential is truly
deserving of virtue’s hallowed name. For only in philosophy do the
pleasant and the just, the good and the noble, truly align.9 The lawgiver
might teach all citizens that these things are mutually consistent, but the
Athenian flags that claim as necessarily dubious from the perspective of
his addressees, as indeed it seems to Kleinias (661d–662a). What appears
pleasant to them, and what counts as virtue for them, must often pull in
opposing directions. It is fortunate that the argument that does not split
the pleasant from the just or the good from the noble can be persuasive
nonetheless, if only as a lie (cf. 663b with 663d). For the Socratic philoso-
pher, however, this argument can reflect the truth. Such a person finds
his happiness in the search for truth; he regards the preoccupations with
public esteem, political rule, and private property as so many hindrances
to zetetic contemplation—tolerated as necessary, but never chosen for
their own sake (Republic 485d–e). Because such things are scarce, espe-
cially in the ancient economy, the yearning for them implies an attraction
to what belongs to others by legal convention and therefore to injustice.
But being free of such attraction, the philosopher is uniquely averse to
taking more than his share. The longing to gaze upon eternity is not
154 R. A. BALLINGALL
naturally at odds with the conventional goods of others, not least the
freedom of others. In the philosophic life, happiness really is consistent
with the demands of justice, or at any rate with the duty to respect what
belongs to others by law.10 The philosopher observes the law not from
fear of disgrace, punishment, or divine fury, but out of indifference to the
ephemeral strivings that lead others to break it, and owing to a firm grasp
of the material and psychological prerequisites for his inquiries. In short,
the good and the noble are for him uniquely consonant; in the order of his
soul, virtue realizes all we can reasonably hope from it. Strictly speaking,
then, the virtues are different parts of this soul that is turned towards
the truth; they are elements of the whole that is wisdom.11 Courage, for
example, is in the strict sense a psychological endurance in the face of
things from which others usually but wrongly shrink in fear (cf. Republic
428c, 442c with 486b).12 Death and the removal of things pursued to
distract from death is less threatening to those who sees themselves sub
specie aeternitatis. What is to be feared is rather the fear of death and
all that is done to mollify it. It is these distractions that prevent us from
turning fully towards the truth and from leaving others and their property
well enough alone.
The case of the philosopher begins to answer the problem of the unity
of virtue. The common-sense intuition that a person can be wise without
justice or courageous without moderation is belied by how, on exami-
nation, each of the virtues reflects a kind of knowledge (Protagoras 350a
ff.).13 The many virtues prove to be united by the philosophic orientation
towards the truth; the distinctions between the virtues can be understood
as different parts of this orientation, different aspects of the psychology
supportive of it.14 Intriguingly, however, this neat solution falls apart
within the context of the Laws. The lawgiver is concerned with the whole
of virtue, which apparently extends beyond or beneath the philosophic
life. Neither Socrates nor the Athenian ever supposes that the city as a
whole can philosophize (cf. Republic 494a). Yet divine law would make
those who use it happy and it would do so by educating them to virtue.
It is therefore necessary to follow the Athenian’s suggestive identification
of “popular virtues” (dêmosios aretai, 968a) and to ask how these relate
to the virtues of the philosopher. “The core of the difficulty…is the unity,
or commonality in aim, of philosophic and political virtue.”15
In this chapter, I argue that whatever unity exists between these
virtues is found in mitigating the tension between them. All virtue has in
common the propensity to follow intelligence. But different virtues lead
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 155
(e.g. 907d ff., 938a, 951a, 952c–d), and recommends harsh punish-
ment for persistent offenders. He likewise presents the law-bred virtues
as grounded as much in ignorance of alternatives to the law as in appre-
hension of the law’s true merits. The political virtues incline us to respect
the law ahead of thinking for ourselves. Even so, where law is guided by
a measure of philosophic intellect, the citizen too can be led, however
dimly, by that which unites the philosophic virtues and makes them
divine. We thus begin to see why it is the moderate citizen who becomes
like god by revering god, by refusing to believe that he knows already
the most important things.17 Strictly speaking, such moderation is not a
virtue. It exists alone in the soul, without the rest of the virtue that is
wisdom.18 But insofar as it moves the citizen to follow the law, and the
lawmaker has followed the counsel of the wise (on the model of Kleinias
and the Athenian), such moderation brings the citizen as close as he might
come to wisdom without becoming wise in his own right. Political moder-
ation becomes a “stand in” or “prosthetic” for the intelligence that is
divine (689a–d, 696d–e). It helps a person heed intelligence because the
law it leads him to respect is shaped by intelligent men. And because the
Athenian identifies the moderation to which he refers with reverent awe
and shame (cf. 635e with 647c–d, 649b–c, 672d, and 673e), he implies
that it is the man who respects the limits of his nature (as reverence moves
him to do) who comes closest to that which surpasses those limits. If in
the philosopher the virtues are a unity in wisdom, they are in the citizen
a unity in reverence and the lawfulness that reverence supports. For the
citizen, then, common sense proves to be correct—one can have a part of
virtue without the whole; one can be courageous and moderate without
wisdom and justice.19 But courage and moderation only count as political
virtues when it is moderation that stands in for wisdom in the soul—when
as reverence it leads the citizen to follow the residues of wisdom in the
law. Political virtue is in this sense insuperably ambiguous.
one who frames such law must install “guards” over its apportionment of
honor and shame, some of whom will be grounded in prudence, others
in true opinion, “so that intelligence will knit together all these things”
(632c). Similarly, the one Dorian law that earns the Athenian’s plau-
dits is the one that permits critical inquiry into law itself, including ipso
facto its claim to be divine. If law would live up to that claim, then it
must accommodate the intelligence born of calling law into question. The
Athenian incorporates this law of laws into his conversation with Kleinias
and Megillus, as we have seen. But he also applies it in his account of
music and especially in his handling of the problem that musical educa-
tion raises—how it presupposes the good taste that music itself is needed
to teach. He argues that this problem can be met by appealing to the
ancestors, and to their living representatives. So much we recall from
Chapter 4. It is necessary to proclaim the taste of elders to be superior to
and more trustworthy than the taste of the young. But how far does that
proclamation capture the truth? Are those most experienced in the correct
habituation really less liable to err in what they find pleasant and repul-
sive? Kleinias and Megillus would seem to belie that notion. The Athenian
claims it necessary to declare (phanai) as correct and reliable the judg-
ment born of “our kind of habitation” (658e), and the Dorians prove to
be poor judges of what is truly pleasant and painful. The education from
which the elders would benefit in Magnesia would be superior to that
which has shaped the Dorians. It would teach endurance, for example,
not merely in the face of pain and fear, but under pressure from pleasant
temptations as well. Even so, the Athenian suggests that the elder Magne-
sians would also need to look up to a more adequate arbiter of good taste.
The Muse who is especially finest is she who pleases the one best man
(658e–659a).
The need to ensure that ancestral authority is informed by genuine
virtue and intelligence is reflected in the institution of a chorus conse-
crated to Dionysus. The Athenian introduces this chorus as the last of
three into which divine law would divide the citizens (664d), who are to
perform the music that they should enjoy, not simply observe it.20 This
Dionysian chorus would consist of the oldest performers, men between
the ages of thirty and sixty.21 Its task is apparently to set the cultural tone
for the young, singing “incantations for the tender young souls of the
children, repeating to them all the noble things we have been saying and
will say later on” (664b). It is the Dionysian chorus to which the city as a
whole should look in its aesthetic and moral judgment. It is the “best part
158 R. A. BALLINGALL
of the city—the part that is most persuasive of those in the city because
of its age and also its prudence” (665d). But why is this venerable institu-
tion to be dedicated to the god of wine? Initially, the reason seems to be
that the old are too bashful and moderate to sing and dance themselves
and thus to set a good example (665e).22 They will need to drink to be
“rejuvenated” and less ashamed to sing (666c). Curiously, though, the
Athenian reminds us in the same breath of how the oblivion and bold-
ness induced by wine can be the basis for enhancing the fear of shame.
Wine, he says, turns the disposition of the soul “from harder to softer,
so that it becomes more malleable (euplastoteron), like iron when it is
plunged into fire” (666b7–c2). If the drinking of wine is needed merely
to arouse the audacity of prudent men, then why should such men also
need to be malleable or plastic? Isn’t he suggesting that the elders are not
sufficiently prudent to set a good example after all?
As much would seem confirmed by what the Athenian goes on to say.
He asks about the muse who would be fitting for the Dionysian chorus,
as well as she who would best suit “divine men.” Would these muses be
the same? (666d3–7). On behalf of his own people and the Lacedaemo-
nians, Kleinias admits they would not. Men such as they are unable to sing
any song besides those learned when they were habituated in their own
choruses, a frank confession on which the Stranger seizes (666e–67a).
The Dorians “have never really attained to the most beautiful song,” he
says. Their regime is really “an armed camp.” It is uncivilized. It treats
the young like a herd of animals, without attending to the idiosyncratic
needs of promising individuals, needs that can be met only by drawing
the talented youth away from the “grazers.” Were the regime to give
each such youth “a private groom,” then he might become more than a
good soldier. He might become capable of ruling human beings, having
learned to honor courage as a part of virtue rather than the whole, and
certainly not as the first part. Such a private education would seem to
go beyond the “habituation” afforded by the choruses, however superior
those of Magnesia might be. It would involve learning to love a muse
more beautiful than the common, choral muse. At any rate, the Athenian
proposes that this highest muse be given “to these men whom we assert
are ashamed of that one [the muse of the choruses] and seek to share
in this one that is most beautiful” (667b1–3). The men he has in mind
cannot be the elders of the Dionysian chorus; no chorus can possess the
most beautiful muse. Those to whom this highest muse is given must be
rather the beneficiaries of the private education that he has just blamed
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 159
the Dorians for neglecting. Despite its authoritative judgment within the
city, then, the Dionysian chorus will not know the most beautiful song
nor possess the highest muse. It will need to look up to the judgment of
the divine men to whom the Athenian here alludes.
The Stranger turns next to discuss what one really must know in order
to judge well of the musical things. Here too, he quietly puts daylight
between the elders and the truly competent judge. Earlier (658e), he
had seemed to agree with the many that the correct criterion for judging
music is pleasure, provided we are speaking of the taste of the correctly
educated person. Later (667d–e), he rejects even this qualified position.
He observes that every resemblance produced by the image-making arts
consists of three parts: the pleasure it gives (i.e. its “charm”), the corre-
spondence that it has to that on which it is modelled, and the benefit
that it confers on those who enjoy it. The “correctness” (hē orthotēs )
in such things, he says, is not the pleasure they give but their fidelity
to what they represent. Here we must bear in mind how human beings
are especially charmed by the perception of order (653e–654a) and how
the poets ought to mix such charms into their musical representations,
just as a doctor might mix something sweet into bitter-tasting medicine
(659e–660a). In this way, the uneducated might take pleasure in correct
representations. They might thus begin to assimilate themselves to the
good characters that they would otherwise secretly or unconsciously
disdain. But the pleasure that the uneducated take in such music is not
reliable. It does not equip them with the kind of discriminating taste
that the true judge of music would need. For what happens if they are
presented with an imitation that is charmingly ordered but incorrect?
Indeed, won’t they take pleasure in certain images precisely because of
the latter’s incorrectness —because those images represent in a flatteringly
light corrupt characters like their own? This would seem a problem if
the chorus of Dionysus is to set the aesthetic and moral tone of the city.
To do so reliably, it is not enough to find appealing the harmony that
might be attached to what is correct. Rather, “in the case of each creation
one must know what it is [the thing imitated], in order to avoid making
mistakes about it. If one doesn’t know the being (tēn ousian)—what is
intended and what the image is really of—one will scarcely know whether
it is correct in its intention or mistaken” (668c). The true judge knows
the being that the musical image represents. He knows the truly virtuous
soul. Can the city’s elders possibly live up to that measure?
160 R. A. BALLINGALL
That the answer has become doubtful is attested by the fact that it
remains a question whether it is noble to speak out in favor of the
Dionysian chorus, as the Athenian invites his companions to consider at
671a. A superficial listener might have thought the question settled. The
chorus of Dionysus is to be followed as the arbiter of good taste; how
could it be ignoble to extol it? But the Athenian now revisits the func-
tion of wine drinking among the old men and connects their drinking to
the earlier account of awe and shame. Since the meetings of this chorus
involve such drinking, he says, it follows—on the necessary hypothesis laid
down from the beginning—that the drinkers will forget themselves and
become shameless (671c). Each will insolently consider himself capable
of ruling the others as well as himself (671b). So much for the nobility
of the elders. But when such “ignoble boldness” appears, it paradoxically
creates an opportunity for these men to be easily led “by someone who
possesses the ability and the knowledge required to educate and mold
souls” (671b–c). Such a person can “send in as a combatant the noblest
sort of fear accompanied by justice, the divine fear to which we gave the
name ‘awe’ and ‘shame’” (671d). It is the elders, the living face of ances-
tral authority, for whom reverence proves to be especially needful. They
might use their authority to face down the insolence of the young and
the many, as well as the poets who would cater to popular taste, but the
elders themselves remain corrupt and in need of a guidance that outstrips
their habituation. The nobility in which they are clothed proves to conceal
grave shortcomings. If it is not as students but as teachers that they would
sit before the city (659b), then they themselves must become the students
in the privacy of their “meetings,” which the Athenian tellingly likens to
a “mystery-rite” (teletē, 666b4),23 accessible only to initiates.
dissolve the reverence of the drinkers in the name of enhancing it, inviting
as it does the expression of transgressive opinions. The Athenian himself
acknowledges this risk in his “capstone” to the argument of Book Two
(673d–674c). If wine cannot be treated as something serious, he says,
used “for the sake of moderation,” then it should be forbidden entirely.
He reminds us that it can be safely used only in the company of “steady
and sober men” who might serve as “guardians” of the law, able to
protect it with “the noblest sort of fear.” Without such guardians present
to defend orthodoxy, the license of speech encouraged by the symposium
will undermine rather than intensify the reverence of the drinkers. Seeing
as reverence can be taught by safer means, as in Egypt and the Dorian
cities, the primary purpose of the symposium must be something quite
apart from the teaching of it.26
We have learned already that the benefits of the drinking party are
not limited to the enhancement of awe and shame. The Stranger made
as much clear when he observed how wine drinking can be a means
of testing souls. So beneficial would these tests be to the lawgiving art
that he pretended to forget the benefit for whose sake he had intro-
duced the subject of wine in the first place. But who are those who
pass such tests? The ones who do not disgrace themselves when the fear
of disgrace has dwindled? Or are they those who are benefited by the
expression of “disgraceful” opinions, in ways beyond the “moderation”
taught the others? Divine law needs a way of teaching the intelligence
that only critical thought can foster and of identifying and encouraging
those in whom critical thinking is safe—and not merely a convenience
for rationalizing pleonexia. The drinking party would seem to present
the perfect institution in this regard. The unconventional opinion that it
solicits helps participants break free of the spell of authority. The license
that it creates helps identify those who have less need of such authority,
and who can therefore proceed to inquiries that would compromise the
rectitude of others. And this it does while appearing the stalwart ally
of traditionalism. Sowing the seeds of philosophic questioning becomes
more defensible when put in the service of reinforcing reverence for law.
This insight would seem to be what the Athenian has in mind when he
concludes, cryptically, that the gift of Dionysus should not be blamed as
if it were an evil to the city. “Indeed, someone might say still more on
its behalf, but one must be wary of speaking in the presence of the many
about the greatest good it brings; human beings misinterpret it, and don’t
understand what is said” (672a7–b1). This greatest good cannot be the
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 163
enhancement of aidōs. That is the very thing the Athenian has just praised
the drinking party for delivering (671d2)27 ; it is not a good about which
he has shown much circumspection. Philosophy, by contrast, is a good
that he would seem to hold in the highest regard,28 yet about which he
remains exceptionally guarded, so much so that he never mentions the
word in the course of the entire dialogue.29 In any case, Kleinias betrays
certain vices common to the many; it makes sense that in response to
his question about the nature of this greatest good the Athenian should
simply repeat the connection between the well-led symposium and the
cultivation of awe. It is Kleinias and men like Kleinias in whose presence
one must be wary of speaking.
If the drinking party is indeed a model for education under divine
law, then we should expect to find its pattern throughout the regime
that the Athenian leads the others in setting down in speech. And if the
pattern that wine drinking represents is the breaking of authority’s spell
in the name of enhancing its grip, then presumably that procedure will be
repeated in the legislation that the Stranger goes on to propose. Without
going exhaustively through the remainder of the dialogue to test these
expectations, we can consider two moments in the text where they are
especially in evidence. The first occurs immediately on the heels of the
account of wine, when the Athenian suddenly invites his interlocuters to
consider the natural origins of political life in a post-cataclysmic wilder-
ness. The second occurs in the course of fleshing out the penology that
divine law must ordain in anticipation of education’s failure.
city, it is remarkable that he says things himself that would seem to under-
mine it. The new beginning that he makes in the third book of the Laws
is one such case.
Here, the Athenian asks his companions to imagine the origins of
the political regime against the background of cosmic time and the
terrible vulnerability that must have preceded human civilization. It is by
ascending to this superhuman prospect or theateon, he says, that political
change towards virtue or vice is made manifest (676a). Under the aspect
of eternity, there have been civilizations beyond reckoning or memory,
now appearing now vanishing, always becoming better or worse as their
regimes have changed. What seems fixed and stable from the human
point of view appears in this light but a momentary pause in what is
otherwise always in flux. To grasp the cause of these many changes,
the Athenian appeals to the ancient stories that tell of dread cataclysms
engulfing humanity. Of the many such disasters, he focuses on accounts
of a great flood that left the few survivors isolated on the peaks of tall
mountains. Such an event must have erased all but the most rudimentary
kinds of knowledge, not least the knowledge necessary to lead a political
way of life (677c). For eons afterwards, human beings must have lived
without any sort of wisdom and without any of the things that accom-
pany civilization, whether noble or shameful (678b). If political life arose
in prehistorical time, the fact that no memory of it survives attests its anni-
hilation, and to the reduction of human beings to a barbaric, sub-political
state. The distant past can be properly described as “a vast and frightening
desolation” (677e). It is “from those men, in that situation,” that have
developed all the things that we associate with civilization, virtue and vice
in particular (678a).
By inviting the Dorians to look on the past from this prospect, the
Athenian draws them (and us) out of the comfortable oblivion with which
founding myths frequently enshroud the origins of the regimes in which
they are told. He reminds his audience of what had to be forgotten
that civilized life might begin (682b–c).30 Civilization relies on traditions
built on burying the truth about the past. Why, then, unearth the past
and thus undercut its authority? Why suddenly deny the past the noble
guise in which it otherwise clothes itself? That he does so by conjuring a
viewpoint “that embraces an infinite length of time” (676b) reveals some-
thing of his intentions. For is not the germ of philosophy the turning of
the soul towards eternity by doubting all traditions and authority? One
must always bear in mind the Athenian’s later claim that the whole of
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 165
his dialogue with the Cretan and Spartan should be written down and
studied by the citizens of Magnesia (811c–e, cf. 891a, Epinomis 980d),
or at any rate by those who aspire to the highest distinction as regards
virtue (822e, 922a, 957c–d) or who have persistent doubts and ques-
tions about the gods according to the laws (888a–d). In seeking answers
to their questions, these stubborn if studious and ambitious ones (903c)
will discover speeches that spur on their questioning still more. The Athe-
nian’s words are not infrequently delivered for the benefit of multiple
intended audiences.
Indeed, as provocative as these words might sometimes seem, they do
not altogether destroy respect for the ancestral and the traditional. The
cases of Kleinias and Megillus suggest as much. If the viewpoint of infi-
nite time helps liberate them from their own traditional beliefs, it does
not prove inconsistent with reverence for the past more broadly. Kleinias
has already lost his respect for the mythical past, as we saw in Chapter 2. If
he remains attached to the Cretan ways, it is to the conventional forms of
corruption that these ways have failed to stamp out. But as with most all
corruption, that of Kleinias betrays a confused, subterranean longing for
the noble and just things, on account of which he is susceptible to shame.
And like anyone about to execute some audacious, ostensibly transgres-
sive plan, Kleinias is afraid and thus sensitive to considerations that add
gravity to what he is about to do. The viewpoint into which the Stranger
invites him manages just that, revealing as it does the terrible fragility of
political regimes. The awesome desolation out of which political life must
have once emerged and into which it must someday return is enough to
complete the taming of the Cretan—by the end of Book Three, he is
ready to submit formally to the Athenian’s tutelage.
By the force of his example, then, the Athenian in these passages
shows how reverence does not have to rely on simple ignorance and
Egyptianism. He might extol such ignorance as a necessary buttress to
authority. But the law that is truly divine must aim at the whole of
virtue, the heights of which presuppose questioning what is held by dint
of habit and custom. Happy then is his apparent discovery that latent
within reverence is the possibility of reconciling such questioning with
authority, on the pattern of the well-led drinking party. The very “drunk-
enness” that dissolves aidōs can enhance aidōs too. A vision of cosmic
time, for example, invites reflection on the deceitfulness of all myth-
ical origin stories, which as a rule present the community’s ways as the
patrimony of time out of mind. But that same vision reveals a sobering
166 R. A. BALLINGALL
sake of the truth than for love of themselves. They fear being deceived by
the moralistic pieties that teach that the just and happy lives are one and
the same (Republic, 362e–365a). They worry that the apparent sacrifices
demanded by the public interest are very real and not truly rewarded. Yet
political life depends on suppressing such worries. It depends on believing
what our natural selfishness and critical sophistication leads us to question.
That is why the lawgiver who would perfect political life as far as
possible would make the citizen a “child for a second time” (646a) and
a puppet of the gods. The citizen must reject his private judgment lest
he waver in his public duty. But he cannot do his duty if he doubts the
prudence of his task, which he will be liable to do unless the lawgiver
can recreate artificially the natural innocence of childhood and of the pre-
political condition. Political virtue is built on opinions that are edifying
but incredible to most civilized people, who are clever enough to discern
the tension between what seems to be good on the one hand and noble
on the other, but not so wise as to grasp how the good and the noble
really do come together in a transpolitical way of life. If such people
would believe that only the just man is truly happy, as the Athenian claims
is necessary (661b), then they must accept that the just and unjust things
appear to fallible beings like themselves as distorted shadows. And this
they accept, on the Athenian’s account at any rate, only because they are
overawed by the majesty of the law. It is this awesome majesty that in
political life replaces the naïve simplicity of humanity’s origins. However
much reverence might survive the exposure of its roots, then, it cannot do
without burying those roots all the same. In politics, reverence depends
on the Egyptianism of the law—the belief in the permanence and divinity
in which law presents itself. The lawgiver might judiciously cast doubt on
such belief lest it stifle critical thinking, but he cannot do without it.
It is fitting that the Athenian’s ambivalence about euētheia should
mirror his equivocal praise of the Egyptians.32 Like the simpletons of the
original desolation, the Egyptians revere customs “that are pretty poor,”
lacking as they do the leadership of intelligence, as well as the means
of renewing it. On the other hand, because they scrupulously preserve
the appearance of legal stability, the Egyptians have inherited something
of the simpletons’ innocence. To a degree, “they neither remember nor
have heard that things were ever otherwise than they are at present.”33
Believing in the city’s “lies” in this regard, they are awestruck by the
city’s ways. Innocence is praiseworthy because it opens the door to rever-
ence. But as the example of both the Egyptians and the survivors of the
168 R. A. BALLINGALL
Wisdom’s Prosthetic
That reverence is contingently virtuous in this way is a claim that the
Athenian goes on to make more explicitly as he proceeds in Book Three.
It figures especially in how he isolates in Megillus “an error” that allegedly
afflicts all humanity (686c). He calls attention to this error in the course of
merging his vision of cosmic time with the mythical origins of the Dorian
regimes, thus provoking Megillus into speaking up. It is as if, according to
a god, they are beginning their dialogue anew (682e), returning as they
are to the basis of the Dorian laws.34 Megillus, who has said not a word
since endorsing the Stranger’s offer to explain his adulation of drinking
(642b–d), has evidently been struck by the blame laid on the Dorian laws.
Whether from an eagerness to vindicate Lacedaemon or from a curiosity
whetted by the Athenian’s critique, he jumps at the chance to revisit the
questions that have been raised about the Spartan regime.
If, stranger, some god would promise us that if we make a second attempt
at an investigation into lawgiving we will hear arguments no worse and no
shorter than what were said just now, I at least would be willing to have a
long walk, and for me this day would seem to become short—even though
we are close to the day when the god turns from summer toward winter
(683b–c).
those laws that Megillus repeats his earlier defense of the Lacedaemo-
nian lawgiver. The (alleged) fact that Sparta puts to flight all peoples who
permit the drinking of wine had been enough for him to conclude that
the prohibition of wine is sensible (638a). It had taken the Athenian to
point out that victory is hardly a clear criterion of nobility. “The fact
is, bigger cities defeat smaller ones” (638a7–b1). In its Thermopylae, a
Sparta might create spectacles of sublime beauty, but its few will ulti-
mately be overpowered by their many. Indeed, the heroism of the Three
Hundred is beautiful because, not in spite, of the Spartans’ defeat. Could
Megillus really have been ignorant of so obvious a fact as the superior
strength of greater numbers? Or is it a testament to the genius of his
lawgiver that he seems hardly aware of such facts? One can believe that
military victory attests to nobility before strength only when the ugly
triumphs of despotic empires or rapacious democracies (bigger cities) are
blotted out and explained away. Once again, the authority of law proves
rooted in a certain oblivion.
Whatever the reason for Megillus’ ignorance in this regard, it attests
to a confusion characteristic of the Dorian regimes. The laws of these
regimes teach a love of the noble things ahead of the merely useful or
necessary things.35 But those same laws identify the noble things with
military strength—something good as a means, not as an end in itself. To
think of strength as a noble end is in fact to place the necessary above
the noble; much that makes a city strong is shameful to carry out. In the
name of subordinating the necessary to what is good for its own sake, the
Dorians subordinate what is inherently good to necessity. They confuse
means with ends, what is truly serious with what is basically important.
And such confusion opens the door to a dangerous permissiveness; it
allows for the moralization of injustice and of one’s own unhappiness.
For the useful and necessary things are good only when subject to a
limit such as justice (cf. Philebus 26b).36 Such a limit makes it possible
for many people to benefit from the necessary things at the same time.
It also prevents the necessary things from crowding out the goods for
whose sake we need military security or economic prosperity. To think it
noble to organize life around the latter is to deprive justice of this limiting
power. It is rather to put justice in the service of removing this power.
The simplicity responsible for the persistence of this confusion is therefore
blameworthy, or at any rate misused. The sort of naïveté taught by the
Dorian lawgivers might uphold a faith in the Dorian laws, but it prevents
those laws from securing the one thing that is unequivocally good and
170 R. A. BALLINGALL
of his mortal soul. God alone can safely have all things follow his own
wish. For one who lacks intelligence, it is dangerous to pray (688b6),
dominated as he is by the imprudent counselors of the Athenian’s puppet
image. The only safe prayer such a man can utter is “to have his wish
follow his prudence” (687e), which for the citizen should be identified
with law (cf. 645a–b with 689b) and emphatically not with the wishes of
his soul.
The Athenian now recollects, somewhat tendentiously, what was said
at the beginning. He reminds his companions how they had claimed that
the good lawgiver lays down ordinances for the sake of war, while he
had pointed out that doing so amounts to setting up laws for the sake of
merely a part of virtue, not the whole (688a–b). To legislate with a view
to war is to set up laws for the sake of courage. It is to neglect the first part
and leader of all virtue, which the Athenian here identifies with prudence,
intelligence, and opinion (688b2–3). He thus intimates once again the
existence of a form or kind of virtue that is led in the soul by opinion
rather than prudence or intelligence. He equally invites consideration of
whether the Dorians had really had virtue in mind when first articulating
their view of law’s purpose. Does legislating for the sake of war really
imply what the Athenian says—taking aim at courage? Or had the Dorians
not supposed that victory in war is good because it safeguards material
property and political rule? Even in his restatement of their erroneous
view, the Athenian modifies it in the direction he wants to take it.
In any case, the Athenian uses his recollection of the argument to show
how the same human error for which he has shamed Megillus led to the
corruption of the archaic Peloponnesians. If the argument set forth earlier
is followed through, he says, it will become apparent that “the cause of
the destruction of the kings and of the whole plan was not cowardice,
nor a lack of knowledge of war…The corruption was caused by all the
rest of vice, and especially ignorance regarding the greatest of human
affairs” (688c). What is this greatest affair to which he alludes? Must it
not be philosophy, the most serious way of life and the path along which
such wisdom as humanity may find is won? Without such wisdom, the
leadership to which the Dorian cities looked could not have been much
different from the populace it had led. Without wisdom, the reverence
born of innocent simplicity must be for naught. If the first Dorians were
prepared to believe whatever they heard about the noble and shameful
and the gods, their lawgivers squandered that credulity. For their kings
were reflections of themselves, seized as they were by “the desire to have
172 R. A. BALLINGALL
more than the established laws allowed” (691a). They thus gave them-
selves more power than was safe and neglected the oaths they had sworn
accordingly. Military strength became for them more a liability than a
savior. Just as the divine goods all depend on intelligence, so the human
goods all depend on the divine.
Curiously, the Athenian equivocates between this genuine wisdom and
another that exists by proclamation (689d2). “We are now asserting,” he
says, “that the greatest sort of ignorance is what destroyed that earlier
power” (688e3–5). But “what would justly be called the greatest sort
of ignorance?” (689a1), he asks. Not, as we might expect, and as the
Athenian has just claimed (688c), the lack of knowledge about the most
important things. Rather, it is the “dissonance of pleasure and pain on the
one hand, and the opinion that is according to reason on the other” that
he asserts to be “the ultimate and greatest ignorance” (689a). He thus
conceives of a wisdom that is an internal agreement of desire and aver-
sion with opinion, a state of soul in which one likes what one believes to
be noble or good and hates what one believes to be bad or unjust. Such
consonance would seem a virtue only if one’s opinion really is “according
to reason.” That would explain why he likens the ignorance of which he
speaks to the majority’s refusal “to obey the rulers and the laws.” In both
cases, “the part that feels pain and pleasure…opposes knowledge, or opin-
ions, or reason—the natural rulers” (689b). The Stranger is accounting
for the many souls that can’t be ruled by an internal knowledge. Such
souls are to be called ignorant not in the absence of knowledge but in the
disagreement of the “major part of the soul” (the part that feels pleasure
and pain) with the legal shape that knowledge might take. He is defining
wisdom in terms of moderation. Indeed, his definition of wisdom corre-
sponds almost exactly to Socrates’ account of moderation in the Republic,
where the latter is “an accord of worse and better, according to nature,
as to which must rule in the city” (432a, 442c–d). And just as Socrates
points to the need of medicinal lies to bring about civic harmony (382c,
389b, 459c–d), so the Athenian connects “ignorance” to a vulgar shrewd-
ness that spies out and refuses the city’s rhetorical medicine. Those who
gratify their souls ahead of obeying law, he says,
are to be blamed for their ignorance, even if they are shrewd at calculating
and have been trained in all the elegant niceties whose natural effect is
to make the soul agile. It is just the opposite sort of soul who are to be
proclaimed wise—even if, as in the proverb, they “know neither how to
read nor swim” (689c-d).
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 173
above all the thing which gives us the greatest benefit when combined
with this adjunct (meta tēs prosthēkēs, 696e4). The correct apportionment
is one which honors most virtue of soul, “provided it has moderation”
(697b4). The Athenian thus underscores the degree to which political
virtue is equivocal. Like wisdom, moderation can render praiseworthy the
other virtues. Unlike wisdom, it remains merely an “adjunct” or “pros-
thesis.” It confers merit only when accompanied by the wisdom of which
it is an image. Yet genuine wisdom is not a political virtue; moderation is
praiseworthy only when it follows an intelligence that stands outside the
political soul. If the other political virtues depend on moderation, then
political virtue as a whole depends on the wisdom to which moderation
must look. Without it, moderation is “worthy not of talk, but of some
silent sign” (696e), and so too the virtues it supports.
The Athenian does not suppose that moderation might look to wisdom
as Socrates imagines it might in the Republic. He does allow that the
greatest title to rule and the most according to nature is the one “bid-
ding the ignorant to follow and the prudent to lead and rule” (690b–c).
But he presents intellectual authority as “the natural rule exercised by
law over willing subjects” (690c) and says nothing about the govern-
ment of philosophers. Socrates suggests that philosophers cannot really
be the objects of authority; he says precious little about how moderation
might look up to and follow philosophic intellect.37 But having compelled
philosophy to insinuate itself into law, into a shape that can be revered
by political men, the Athenian does what Socrates did not. He attends
to moderation’s roots. He mixes the most natural title to rule with the
less, contorting philosophy into dogma. Similarly, the obedience that he
foresees might be voluntary, but it does not wait on compelling argu-
ments. It neither presumes an equality between leader and follower nor
allows for independent, rational judgment. It originates in a moderation
that belongs to the major part of the soul and the majority within the
city. In fact, the very need for such obedience implies important limits on
the moderation on which it is built. Moderation might be an agreement
between the part of the soul that feels pain and pleasure and the opinion
that is according to reason. But in the political man such agreement belies
an enduring conflict. Why else need he disavow the commands of his
soul if not because they would lead him astray were they heeded? Polit-
ical moderation is the learned resistance to the common human desire,
the one that wishes to have all things happen in accordance with those
commands. It is the means by which Megillus’ human error might be
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 175
corrected. The desires and aversions of the human being might always pull
away from reason when left to themselves, but they can also be turned
against themselves by means of reverence. For the awe and shame that
reverence governs are types of fear and therefore “expectations of pain”
in their own right. Reverence is a virtue of the soul’s major or popular
part. With the right leaders apportioning honor and shame and inspiring
awe, certain expectations of this part can overwhelm the others—the likes
and dislikes with which reason disagrees. In this way, even the corrupt
person can be “moderate.” His desire for honor and fear of shame can
follow reason, even as his other passions pull away from it.
The Dorian regimes that depend on ignorance prohibit wine for a reason.
To drink wine is to take away from ignorance some of this power. The
very institution justified on the grounds of amplifying reverence for law
thus disrupts reverence at the same time. The paradigm of wine drinking
proves to be the pattern on which divine law might aspire to the whole
of virtue. The Athenian’s great insight in this regard is to appreciate how
closedmindedness is not the only source of the reverence that law needs.
Without turning his back on closedmindedness altogether, he suggests
that law can command respect even as it is called into question. A degree
of openmindedness turns out to be consistent with reverence too. The
vision of cosmic time that he introduces as the sequel to his account of
wine is a case in point. Another is the prelude to the law against impiety
that he recommends the Magnesians adopt.
As we saw in Chapter 3, legislative preludes are one of the Athenian’s
proudest innovations. They would permit the law to speak polyphoni-
cally. By its nature, law is monophonic. It consists of rigid, general rules
that neglect the diversity of circumstances in which they are applied along
with the idiosyncrasies of each person’s needs. Law also depends on the
appearance of infallibility; it should rarely be seen to change or be refuted.
It harshly prosecutes anyone found guilty of persuading others of opin-
ions contrary to its own edicts. “For the law itself will say that there must
be nothing wiser than the laws” (Statesman, 299c). That is why the law
presents itself as a foil to the imitative arts, whose poets are compelled to
contradict themselves often, not knowing whether their inspired words
are true (Laws 719c). The lawgiver, by contrast, “must always exhibit
one speech about one subject” (719d). He must lay claim to a knowledge
that outstrips the poets (cf. 858e–59b). Even so, the Athenian suggests
that lawgiving consists of imitation in its own right. Lawgivers are “rivals”
of the poets, he says (817b7). Like the poets, they claim to be inspired
by the gods. And like the music of the imitative arts, the laws of the
political art can and should “differ from themselves” (723b6) by means
of poetic preludes. Indeed, despite contrasting law and poetry in Book
Four, the Athenian dubs himself and his companions tragic imitators in
Book Seven. His point is not that lawgivers are really ignorant blunderers.
It is that law must always claim for itself a seriousness that it doesn’t
deserve. In saying as much, however—in calling attention to this neces-
sity and recommending that his words be written down and studied as
part of the law—he lays bare the exaggerated seriousness in which the law
presents itself. Like a poet, he makes “two speeches about one subject”
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 177
and exposes the imitative character of the political art. He thus invites crit-
ical reflection on that art that the dead hand of authority would otherwise
snuff out.
The prelude to the impiety law adheres to this pattern with respect
to “the greatest thing,” the question of the gods’ very existence and
character (888b). In the name of defending the gods, the Athenian
canvasses not only the possibility of their non-existence, but the argu-
ments marshalled in support of atheism and sacrilege. In fact, as Pangle
observes, these arguments represent “the only contemporary account of
pre-Socratic philosophy which has come down to us in unfragmentary
form.”38 But given what the Athenian has said about the psychology of
reverent awe, why would he dare to rehearse such ideas? Is he not under-
mining the naïve innocence on which his theology would otherwise rely?
In the event, he alerts us to how this question is very much at issue by
pointing out something of signal importance to Kleinias. The Cretan’s
lack of sympathy with atheism, he says, originates in “the virtue” of the
Cretan regime, which has ensured that no one becomes familiar with
impious beliefs and the “writings” that contain them (886c). We are thus
reminded once again of the relationship between nature and reverence:
where none is aware of opinions dissimilar to the conventional beliefs
to which he subscribes, there the conventional appears natural and “the
entire soul reverences and fears changing any of the things that are already
laid down.” But instead of availing himself of this phenomenon, the Athe-
nian sets down in writing precisely those speeches that adduce impious
arguments, that claim the gods exist by convention and not by nature.
Such arguments are to be preserved and studied as part of the lawgiver’s
writings. In this way, they “provide for all time an opportunity for ques-
tioning” (891a). Behind a rhetoric of patriotism, of defending the city’s
orthodoxies, the Stranger compromises one of the ways in which the city
solidifies their authority.39
This is not to say that the Athenian’s rhetoric is wholly insincere. As
he points out, apparently speaking of his native city, once belief in the
gods abated, or rather was shown to be merely conventional, then arose
the belief that “the noble things by nature are different from those by
convention, and that the just things are not at all by nature” (889e).
Where the gods are not believed to be “such as the law commands they
must be conceived,” he reasons, there “civil strife is instigated” (890a).
Without their authority adorning political justice and humbling polit-
ical men, mortal nature reasserts itself. New beliefs about the whole are
178 R. A. BALLINGALL
sought, not because they better correspond to the truth, but because they
lend legitimacy to the headlong pursuit of human goods. “Nature” thus
replaces the gods as a means of authorizing a particular way of life, one
that consists in “dominating the rest and not [being] a slave to others
according to legal convention” (890a). If the way of life committed to
political justice and legal obedience is to prevail, so too must belief in the
gods. The Athenian’s philosophical purpose might therefore come at the
expense of the commitment to justice, an outcome he seems very much
to want to avoid.
The Stranger is able to walk a fine line between freeing a few from
customary beliefs and reinforcing in others a commitment to them
because the latter do not need logically coherent arguments to sustain
their devotion. If Kleinias and Megillus represent men whose virtue
depends on those beliefs, then it matters that they wholeheartedly accept
the Athenian’s arguments on behalf of the gods, despite having been
introduced to atheistic views by the Athenian himself and notwith-
standing the weakness of the Athenian’s reasons allegedly proving the
gods’ existence and character (cf. 907b–c). As is often pointed out by
commentators, the arguments that the Athenian marshals against impious
opinion are frequently question-begging, occasionally self-contradictory,
and ultimately resort to “mythic incantations” that threaten the unjust
with postmortem punishment (903b ff.).40 Like the other preludes, they
succeed less by rational persuasion than by “taming” those to whom they
are directed (890c). Their desideratum is “to convert [those desiring to
be impious] to fear” and to create within them “a sense of repugnance”
(887a). For those already committed to the justice that the gods adorn,
the Athenian’s arguments need only reinforce their desire to see vindi-
cated their pious devotion. After all, according to the Athenian we are as
human beings predisposed to taking pleasure in harmony and order and
to retreating in pain from “things that contradict one another” (812e).
Mortal nature might dispose us to being slaves of bodily desire, but it
also primes us to see cosmos in chaos. We are prejudiced against disorder
and tragedy insofar as it refuses to vindicate our suffering. By providing
authoritative speeches that supply that vindication, that give it meaning
within a more or less coherent whole, the Athenian gratifies a powerful
psychic drive that does not require rigorous logic.
Still, the weakness of his arguments implies no private adherence to
the beliefs he fails to refute, nor a wish to convert surreptitiously certain
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 179
citizens to them. Rather, it betrays a hope that a promising few will recog-
nize the city’s dogmas for what they are—opinions that masquerade as
truth, despite being affirmed by the practically best regime and needed
by its all-too-human citizens (cf. Epinomis 985d–86a). Philosophy abides
in the knowledge of ignorance, in the awareness of the difference between
knowledge and opinion. Since law cannot rise above opinion, philosophy
demands a certain distance from law. It requires a higher reverence that
sees through law’s conceit, perceiving the boundaries of the human things
more keenly than political reverence allows.41
That the Athenian’s purpose in the impiety prelude is as much to
provoke critical thinking as defend the gods’ existence is also suggested
by the punishments that he canvasses for inveterate atheism. Having
set down the prelude, he proceeds to discriminate between various
“unmeltable” souls (cf. 853e). On the grounds that he has identified three
kinds of impiety—outright disbelief in gods, disbelief in the providence of
the gods, and belief that divine providence can be altered by belated offer-
ings and rituals—he proposes a type of punishment for each kind. But
he introduces a further and more important distinction as well, isolating
those whose impiety is sincere and “full of frankness” from those whose
impiety originates in a “lack of restraint as regards pleasures and pains”
(908c). The latter, he says, may “possess strong memories and sharp
capacities to learn,” but they abuse these gifts; they have broken free of
pious opinion only to remain enslaved to mortal nature. The beliefs their
atheism supports originate in their bodily appetites and merely rationalize
their self-gratification. It is of some importance, then, that the Athenian
rehabilitates the former, sincere atheists. He allows that “a naturally just
disposition may come to characterize the man who doesn’t believe the
gods exist at all” (908c).42 Whereas the unjust atheists are to be severely
punished, those whose impiety is frank are to be sent to a “Moderation
Tank,” where they are to speak with no one besides “those who share in
the Nocturnal Council, who are to associate with them for the purposes
of admonishment and the salvation of the soul” (909a).43
This is a curious sort of punishment given what we learn in Book
Twelve concerning the duties of the Nocturnal Council. There, the Athe-
nian calls this institution “the council of those who will keep watch over
the laws” (951d) and the “safeguard for our regime and laws” (960d–
e). It should be composed, he says, of priests who have obtained prizes
for excellence; the ten eldest “Guardians of the Laws”; the “Supervisor
of Education,” along with his living predecessors; and a group of young
180 R. A. BALLINGALL
It would seem that the intelligence that the city needs does not emerge
from the civic education that “good laws” would confer. In order to
guard its laws properly, the city must accept them “by knowledge and
not solely by habits” (951b3–4). But such knowledge implies seeing
beyond the law. The knower would have to perceive the law’s “goal”
(i.e. virtue, 963a3) in a way that transcends any of its particular (and
therefore limited) instantiations. He would have to know this goal in a
non-contradictory way, in accordance with its “idea” (965c2). He would
therefore have to perceive the law for what it really is, at best a dogma
and shadow of the living truth. That is why he would also have to be
“uncorruptible,” someone who, despite throwing off his reverence for
law, would persist in being just and friendly towards the city, someone
who would resemble the god comprehensively, being good “naturally,”
without the artifice of legal pressure (cf. 642c–d, 645b; 835c; 875c–d).
The need for such a person would also explain the council’s openness
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 181
to foreign ways and illegal opinions. It is in this light that the “punish-
ment” of the naturally just atheist must be understood. It appears less a
means to his “salvation” than a cooptation of his philosophic spirit.46 By
tracking down such people, receiving any who might come to the city,
and discussing their opinions, even those that disagree with the commu-
nity’s customary beliefs, the Nocturnal Council might supply the city with
a “head” (961d, 964d), an organ capable of rising above reverential awe
and passionate devotion.47
Noetic Nomos?
Despite the Athenian’s characterization of the Council’s duties as delib-
erative, readers have sometimes understood its belated introduction as a
repudiation of the rule of law defended in the rest of the dialogue.48
These scholars have been impressed by Aristotle’s remark that the Laws
brings the regime around by degrees toward the Kallipolis of the Republic
(Politics 1265a4–5). Aristotle seems to imply that the Nocturnal Council
of the Laws would ultimately rule the city like Socrates’ philosopher
kings—directly, and with despotic power (Republic 499d, 501e). This
reading may also be supported by the Athenian’s claim in the closing
passage of the Laws that “if, indeed, this divine council should come into
being for us, dear comrades, the city ought to be handed over to it”
(968d). If the Council really does amount to a reintroduction of philo-
sophic despotism, then the coherence of the Laws would seem to be
profoundly compromised. If the work reneges on the commitment to the
mixed regime ruled by law rather than men, then it simply revisits the old
problem that philosophers do not want to rule, in spite of the concern
with real politics suggested by the drama of the text. And since no explicit
provision is made for the Nocturnal Council to govern the city, its intro-
duction seems a kind of afterthought or even a “useless appendage to
Plato’s construction.”49
These worries need detain us, however, only if we assume the rule of
law and the rule of philosophic intellect to be mutually exclusive. In fact,
the most important innovation of the Nocturnal Council suggests that
they are not. The Athenian is clear that membership in the Council is
not to be confined to the “divine” and “uncorruptible,” but is to consist
mostly of the distinguished political men of the city, along with whichever
younger citizens they might invite to join them. As Glenn Morrow and
V. Bradley Lewis have argued, it is only through these officers that the
182 R. A. BALLINGALL
corrosive skepticism about the conventional beliefs that they are charged
with guarding (cf. Republic 537d–39c)?
The issue has not escaped interpreters of the Laws, but as far as I am
aware none has appreciated the importance of reverence to the Athe-
nian’s solution.51 Reverence, as part of the drinking party model, is
a “safeguard [sōtēria] for…education” (653a). It is put into the soul
like a medicine when, through “drunkenness,” men lose their “sober”
inhibitions, allowing themselves to say or do things from which they
would ordinarily shrink from shame and modesty. By thus reducing
grown men to “children,” institutions modelled on the well-run drinking
party can renew the slavery to law that abates with age and the temp-
tations of rule (cf. 653c with 665d–666c with 671b–e). Accordingly,
“the prudent lawgiver would…urge the elderly to be ashamed before the
young” (729b). Encouraging these most self-confident citizens to lose
their dignity before watchful eyes, “someone who possesses the ability
and the knowledge required to educate and mold souls” might renew in
them the “divine fear” that preserves law’s authority (671b–d).
I want to suggest that this same mechanism is in view in the operations
of the Nocturnal Council and is assigned responsibility for keeping its
political officers in line. The Council will discuss subversive ideas, but
the Athenian implies that these discussions will occur behind a protec-
tive rhetoric. One of the chief purposes of the Council, he says, is the
education of its members “to be more precisely accurate than the many,
in deed and word, concerning virtue” (964d) and to “become firmly
pious towards gods” (967d) by laboring “to grasp every proof that exists
concerning [them]” (966c). The sanctity of the laws ultimately depends
on the ability of their “guardians” to protect the laws with persuasive
speech. But, surprisingly perhaps, this ability does not presuppose any
philosophical dispensation. The elderly guardians are merely “an image
of intelligence.” Their education does not transform them into lovers of
wisdom. “The fact is, there are always among the many certain divine
human beings…who do not by nature grow any more frequently in cities
with good laws than in cities without” (951b–c). Philosophy emerges
despite—not because—of “education.” Still, civic education can be
reinforced by philosophy. As the metaphor of the drinking party attests,
bringing to light “shameful”—i.e. illicit—words can strengthen devotion
to the customary beliefs that such words would otherwise threaten. In
the name of teaching moderation, men can get drunk on impiety. It is no
accident that the Athenian in Book Twelve calls the Nocturnal Council
184 R. A. BALLINGALL
Notes
1. Strauss, Argument and Action, 9.
2. Klosko, Development, 217.
3. The Athenian’s notion of second-best imitation can be related to the
Socratic theory of the ideas. Scholars working on the ideas sometimes
argue that Plato denies that an imitative “participant” resembles its
paradigmatic form because the paradeigma is self-exemplifying, sharing its
‘property’ with its participants. Rather than being a perfect exemplar of a
property (that is, a possible instantiation of that property), they suggest
that a paradigm is an abstract pattern, a standard or measure, in light
of which (imitative) exemplars might be judged. See William J. Prior,
“The Concept of Paradeigma in Plato’s Theory of Forms,” Apeiron 17
(1983): 33–42. See also Laks, “Legislation and Demiurgy”; Laks, “The
Laws ”; and Stanley Rosen, Plato’s Republic: A Study (New Haven: Yale
University Press, 2005): 201–26.
4. Republic 607b. For an illuminating account of “the quarrel” and how it
figures in the arc of the Republic, see Timothy W. Burns, “Philosophy
and Poetry: A New Look at an Old Quarrel,” American Political Science
Review 109, no. 2 (2015): 326–38. Burns argues that Socrates’ initial
hostility to the poets on behalf of justice is, in Republic 10, considerably
walked back, so much so that the poets’ teaching about death is in some
respects “indistinguishable” from the Socratic position.
5. Sophie Bourgault argues that “in the Laws …the ties between sōphrosyne
and the obedience of the lower ranks are almost entirely absent.” See
“Prolegomena to a Rehabilitation of Platonic Moderation,” Dissensus 5
186 R. A. BALLINGALL
(2013): 131. We shall see in the present chapter that there is strong
evidence against this reading.
6. Cf. Laches 196e–197c, where Nicias denies that wild beasts can be
courageous precisely because they lack understanding. In suggesting that
animals can be courageous, the Athenian in the Laws apparently agrees
with what Laches identifies as the view of “everyone” (197a). Still, seeing
as the Athenian distinguishes political from philosophic virtue, admitting
that a kind of courage can be shared with beasts does not commit him
to rejecting a view closer to that of Nicias, pace Daniel Devereux, “The
Unity of the Virtues” in A Companion to Plato, ed. Hugh H. Benson
(Malden, MA: Blackwell, 2006), 337–38.
7. The Athenian first mentions “Guardians of the Laws” (nomophulakes )
at 752e, apparently referring to the city’s “first rulers.” Klosko, recog-
nizing a parallel with the guardians (phulakes ) of the Republic, maintains
that the office implies an equivalent kind of sweeping power, an implica-
tion that he claims to find confirmed in the discussion of the Nocturnal
Council, a body which would include the ten oldest of the guardians.
See George Klosko, “The Nocturnal Council in Plato’s Laws,” Political
Studies 36 (1988): 74–88. But, as Lewis argues following Morrow, the
Council itself does not have any specific powers. See V. Bradley Lewis
“The Nocturnal Council and Platonic Political Philosophy,” History of
Political Thought 19, no. 1 (1998): 1–20 and Morrow, Plato’s Cretan
City, 510–14. On their view, the Coucil rules only through the duties of
its various members, duties assigned independently of the Council’s own
prerogatives. Its membership, moreover, is hardly confined to the nomo-
phulakes (951d) who, in any case, are to regard themselves—qua rulers
(archontes )—as servants (hupēretai, 715d, 968a) which calls to mind the
auxiliaries (epikouroi, but also hupēretai, 552d), not the guardians, of the
Republic. For this last point, see Fraistat (“Authority,” 12, 17). For my
part, I understand the role occupied by philosopher-kings in the Republic
to be divided in the Laws between the subphilosophic nomophulakes
(along with the other office-holders) and the “divine men” with whom
their deliberations on the Nocturnal Council would hopefully proceed.
8. See also Lutz (Divine Law, 166–67), which reads the Athenian’s argu-
ments in Book Twelve as indicating that “the whole of virtue” cannot be
fostered by law as a single, coherent life of virtue.
9. Compare Pangle, “Interpretive Essay,” 507. The Athenian includes the
question of the relationship between the good and the noble in his
account of the problem of the unity of virtue in Book Twelve (966a) and
anticipates this dimension of the problem on several occasions, especially
at 661d–663b. In Book Nine, he limns a related disjunction that arises
because law must not only teach virtue but punish corruption (880d–e).
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 187
The justice that law embodies or should embody thus appears in these
cases to be ugly and shameful rather than fine and noble (860c).
10. Political justice may issue other demands that the philosopher respects
more superficially, such as the demand to believe in the gods held to exist
by public opinion and tradition. Here one must observe the distinction
between virtue in the strict sense and as a vulgarization. The justice of a
Socrates might respect the public need to believe in such gods even if for
very different reasons than the vulgar justice enforced by the city. For his
part, the Athenian Stranger calls that which pertains to the gods “one of
the noblest things” (966b); he does not call it the noblest thing.
11. Consider, e.g., Phaedo 69b.
12. Socrates claims that such endurance is also expressed in the face of things
towards which others typically but foolishly strive for pleasure. This latter
possibility might seem to define courage in terms of moderation but for
the fact that Socrates describes pleasure in these contexts as dislodging
the opinion about what is truly terrible. Courage, then, (in the soul that
looks to its own wisdom ahead of lawful opinion) preserves the knowl-
edge of what is terrible in the face of passions that might disrupt it,
whether these are painful or pleasant. Put more provocatively, courage
is the aspect of knowledge that involves the psychological durability of
knowledge, even or especially the knowledge of ignorance. This notion of
courage as endurance in the face of uncertainty would also seem to be a
path around the difficulty that Socrates raises with Nicias in the Laches
when the latter proposes that courage is knowledge of what is and is not
to be feared (197e–199e). On this possibility, see Angela Hobbs, Plato
and the Hero: Courage, Manliness, and the Impersonal Good (Cambridge:
Cambridge University Press, 2000), 76–112 with Balot, Courage, 147.
13. For other articulations of the Socratic paradox that virtue is knowl-
edge, see Apology 25c–26a, Gorgias 509e, Meno 77c–78a, Republic 589c,
Timaeus 86e. See also Aristotle, Nicomachean Ethics 1144b28–30.
14. There remains considerable scholarly disagreement about just what this
position entails, of course. One reading holds that the virtues are under-
stood by the Platonic Socrates as different parts of a whole that is
knowledge, each of which depends on the others. See Gregory Vlastos,
“The Unity of the Virtues in Plato’s Protagoras ,” in Platonic Studies
(Princeton: Princeton University Press, 1981), 221–69. Another denies
that the virtues are parts of a whole but rather are different names for
the same knowledge. See Terry Penner, “The Unity of Virtue,” Philo-
sophical Review 82 (1973): 35–68. Devereux argues that there simply
isn’t a consistent position about the virtue-is-knowledge paradox in the
dialogues. See “The Unity of the Virtues in Plato’s Protagoras and
Laches ,” Philosophical Review 101 (1992): 765–89. Bartlett and Pangle
contend that there is such a position, but that Socrates explores different
188 R. A. BALLINGALL
of the Laws. See Oswyn Murray, “The Chorus of Dionysus: Alcohol and
Old Age in the Laws,” in Performance and Culture in Plato’s Laws,
ed. Anastasia-Erasmia Peponi (Cambridge: Cambridge University Press,
2013), 109–22. As Murray cautions, however, “it may be that the Laws
provided the model for this alleged feature of Spartan society, rather than
knowledge of Spartan practice providing Plato with his theme” (117).
21. As for those over sixty, “since they aren’t able anymore to bear the toil of
singing, [they] should use their divinely inspired voices to present mythical
speeches about the same kinds of characters” (664d).
22. Meyer, Plato, 286.
23. Pangle, The Laws of Plato, ad loc.
24. Modern liberal democracies, e.g., present their own obstacles to inde-
pendent thought. The very presumption that conformist pressure is the
only or primary obstacle facing critical thinking may itself prove to be an
obstacle to such thinking, one all the more pernicious for the difficulty of
being recognized.
25. See, e.g., Klosko, “Knowledge and Law” and Schofield, Plato, 309–10,
which illustrates the Athenian’s efforts to enhance the authority of reason
by appealing to Machiavelli’s rationale for civil religion (Discourses on Livy
1.11).
26. See also Stalley (Introduction, 124), which observes that the argument
that the drinking parties teach moderation is not very convincing.
27. The Stranger here associates the visible, advertised good of the reverence-
teaching symposium with “willing obedience to the Dionysian leaders”
(671d9–e1) and with friendship between the sober leaders and the
drinkers (671e6–7).
28. Not least because philosophy would seem to be the basis for genuine intel-
ligence, the search for which is the priority of divine law on the Stranger’s
account.
29. Famously, the word appears in the Laws only in its verbal cognates and
even then on only two occasions (857d, 967c).
30. Pangle, “Interpretive Essay,” 424.
31. Again, in light of the Athenian’s endorsement of the Egyptian device of
sanctification and artificial permanence (798b–799a, 839c).
32. He might also seem to anticipate the Rousseauian notion of the noble
savage. However, as Cusher, observers, “the Athenian does not suggest
that the sources of injustice are unique to life in regimes, such that the
forces of civilization create or develop passions in men that were absent in
the beginning.” See Brent Edwin Cusher, “From Natural Catastrophe to
Human Catastrophe: Plato on the Origins of Written Law,” Law, Culture,
and the Humanities 9, no. 2 (2011): 282–83. The Athenian does not say
that the simpletons lacked pleonexia or philonikia. Rather, he says that they
190 R. A. BALLINGALL
lacked the motivation to arouse and act on them (677b), like latent capac-
ities that remained undeveloped. This observation leads Cusher, following
Seth Benardete (Plato’s “Laws”: The Discovery of Being [Chicago: Univer-
sity of Chicago Press, 2000], 93), to suggest that the need for law is
latent in the simpletons’ way of life, law being necessary to restrain the
passionate sources of injustice. Neither Cusher nor Bendardete connects
this observation to the Egyptian art of reproducing innocence by sanc-
tifying law, but their claim that the simpletons’ example points to law is
attested by the artifice that the Egyptians practice.
33. Consider once again the testimony of Herodotus. The Egyptians, he
says, “are the greatest record-keepers of any people with whom I have
been in contact” (2.77), but they do not preserve any memory of
customs different from those they presently revere. “They follow their
fathers’ customs and take no others to themselves at all” (2.79). Cf. 2.2.
Translation by David Grene.
34. This second treatment of the Dorian laws is conspicuously silent about
their divine origin.
35. Thucydides 5.104, Xenophon, Constitution of the Lacedaemonians 7. For
discussion of the paradoxes stemming from the Spartan way of identifying
the noble with the good of Sparta, see Orwin, Humanity.
36. Morrow, Plato’s Cretan City, 560–61.
37. As emphasized in Kraut, “Ordinary Virtue.”.
38. Pangle, “Political Psychology,” 1065n22.
39. Pangle, “Political Psychology,” 1061, 1072.
40. See, e.g., Trevor J. Saunders, “Penology and Escatology in Plato’s
Timaeus and Laws,” Classical Quarterly 23 (1973): 232–44; Pangle,
“Political Psychology,” 1074–74; and Stalley, Introduction, 170–75.
41. Cf. Laws 819e with Apology 23a–b, 29b, Philebus 12c–d, Sophist 216a–b.
42. Throughout the dialogue, the Athenian has spoken highly of those capable
of self-sufficient or “natural” virtue, those who—like the gods in fact—
can “follow reason” without need of law (645b, 835c, 875c–d, 951b; cf.
642c–d). Who are these people if not philosophers, or potential philoso-
phers? As Ronald Beiner has pointed out to me, the Athenian’s claim
that atheism and justice are not incompatible undermines the widespread
assumption that it was Pierre Bayle who first articulated this view in the
Western theory tradition.
43. Scholars have sometimes complained that the widely used “Nocturnal
Council” is a loose translation of nukterinos sullogos. For one, the body to
which it refers would not meet at night, but “each day, from dawn until
the sun has risen” (951d, 961b). It is also referred to more frequently as
simply “the council” (ho syllogos, 952a8, b5, b9; 961a1, a7; c3, 969b2)
and syllogos is a rather generic term for meetings or gatherings, to be
contrasted with boulē, a term that refers more specifically to a formal
5 REVERENCE AND THE AMBIGUITY OF POLITICAL VIRTUE 191
political institution and one that Plato does not use in connection to
the Nocturnal Council. We might have expected him to have done so if,
as Klosko has argued (“Nocturnal Council”), he intended this body to
be understood as directly ruling the city. For these points, see Morrow,
Plato’s Cretan City, 503n5; Marcel Piérart, Platon et la Cité Grecque:
Théorie et Réalité dans la Constitution des ‘Lois’ (Brussels, 1974), 232;
and Lewis, “Nocturnal Council,” 3n7, 14. Despite these reservations, I
follow common practice in keeping with “Nocturnal Council,” not only
to avoid confusion, but because doing so preserves two valences that Plato
may well have meant to attach to this institution. First, in keeping with
the imagery of the cave in the Republic, the Laws contrasts light and
dark to draw attention to the shadowy nature of opinion. The setting is
a pilgrimage to the Idean cave, where Minos is said to have received the
Cretan laws from Zeus. Insofar as the Nocturnal Council would “keep
watch over the laws,” it too would be the cave-like source of shadows.
Even at their best, the customary beliefs of law are images of intelligence.
Second, as Lewis rightly points out, Plato seems to leave the relationship
of the Council to the city deliberately ambiguous. The city “ought to be
handed over to it” (969b), but none of the duties to which it is assigned
involve concrete political prerogatives. So although “council” might seem
an overtranslation, keeping with the traditional rendering preserves the
sense that the syllogos might rule the city indirectly, in shadowy ways that
invite further reflection from the reader.
44. For a scholarly analysis of these institutions, see Saïd Amir Arjomand,
“The Kingdom of Jurists: Constitutionalism and Legal Order in Iran,”
in Rainer Grote and Tilmann J. Roder, eds., Constitutionalism in Islamic
Countries: Between Upheaval and Continuity, (Oxford: Oxford University
Press, 2012), 147–70.
45. Lewis, “Platonic Political Philosophy,” 5n13, notes the erotic implications
of synousia, which is used to indicate sexual intercourse at 838a6, b4, and
e6, and is associated with “the initiation of younger men by older ones
into archaic Greek cultural practices, which initiation sometimes involved
pederasty.” This association also reminds of the symposium metaphor,
although Lewis does not draw any such connection.
46. Pangle, “Interpretive Essay,” 503–04.
47. Cf. Republic 536c-d: youth is an advantage in philosophy.
48. Eduard Zeller, Plato and the Older Academy, Sarah Frances Alleyn and
Alfred Goodwin, trans., (London: Longmans, Green, and Co., 1888),
539–40; Ernest Barker, Greek Political Theory: Plato and his Predeces-
sors (London: Methuem, 1947), 406–10; George H. Sabine, A History
of Political Theory (New York: Holt, Rinehart and Winston, 1957), 85;
Klosko, “The Nocturnal Council”; A. Brunt, “The Model City in Plato’s
Laws,” in A. Brunt, Studies in Greek history and Thought (Oxford: Oxford
192 R. A. BALLINGALL
Epilogue
respect for what exceeds and circumscribes the human things. If the souls
of citizens truly are as the Athenian says, “attached and bound in the most
serious ways” to bodily pleasures and pains and desires, then whatever
self-doubt they can achieve must be occasioned by artful redeployments
of those very passions. As the image of the “divine puppet” attests (644d),
political virtue consists in allowing oneself to become a plaything of the
gods. It involves following the “gentle” pull of law, using as “helpers” the
desire for pleasure and aversion to pain. The Athenian points to reverence
as the primary means of doing so because reverence consists in appropri-
ately feeling and responding to a kind of fear. Fear can be understood
as the anticipation of pain and therefore as having a certain purchase on
the human puppet. At the same time, the fear that reverence governs is
“divine,” in part because it is inspired by the presence of the gods. The
gods can evoke a disquieting awareness of our own fallibility and insignifi-
cance. They can inspire fear in the form of awe and shame. By associating
the just and lawful things with the gods, and by mobilizing shame and
punishment in their defense, the city might use reverence to help political
men disavow their delusional point of view.
Even so, the self-doubt that reverence inspires is most helpful only
when it invites the guidance of a genuinely virtuous soul. In regimes such
as Egypt, citizens might abjure their human nature and become orderly
and obedient. But if it is men like themselves who fashion and administer
the laws they obey, then their submission merely serves the acquisitive-
ness of their mortal lawgivers and rulers. Such regimes are misnamed
(712e–13a, 832b–c). They do not rule for the sake of “what is common
to the whole city” (715b). The justice to which they pretend is really
the (misjudged) interests of the stronger, unmixed with the intelligence
that perceives the real interests of the whole. In saying this, the Athe-
nian implies that the basic need of political man to repudiate his ethical
perception points to the higher need of the city to accommodate its
own transcendence. Only a “divine man” could give laws truly privi-
leging the common. Only a person who desires goods for himself that
does not impose on the goods of others could set up laws truly worth
revering. That is the other reason for calling reverence “divine.” It is
the fear attaching the citizen to the philosopher through the medium of
law. As we saw in Chapter 5, however, the laws that a philosopher might
set up would reliably promote their goal only if they could be watched
over by successors like himself. Citizens and the great majority are natu-
rally bound to mortal desire, while even the best laws must remain—qua
196 R. A. BALLINGALL
the Phaedrus —we recognize an implicit logic to the dialogues that makes
sense of their otherwise bewildering tensions and paradoxes. In our own
efforts to assemble such a logic in the Laws, we have uncovered reasons
for modifying the prevailing Straussian reading as it pertains to polit-
ical virtue. But these reasons have emerged for us because not in spite
of adhering to Strauss’s basic hermeneutical approach, which—notwith-
standing the perfunctory caricatures on the basis of which it is often
ignored or dismissed—allows for the refinement of (or outright chal-
lenges to) existing interpretations. Among scholars of the Laws working
within this approach, the prevailing reading places great store in the
fact that classical politics depend on moral self-confidence and psycho-
logical toughness. The dedication to the common good must overcome
formidable human impulses, consumed as we are by passions and ratio-
nalizations that overwhelm justice without firm conviction. The moral
skepticism or equanimity that philosophy teaches must then stand in
tension with the demands that justice makes, particularly when those
demands are frequent and onerous, as they very much are in the classical
city. Yet on the most textually faithful reading that I have been able to
achieve of the Laws, both justice and wisdom depend on the humility that
reverence inspires. The political virtues associated with justice do grow
out of moral passion, something from which the philosophic life achieves
a certain distance. But Plato’s Athenian argues that such passion is coun-
terproductive unless preceded by self-doubt. It otherwise permits us to
hide from and even solemnize our injustice. In reverence, then, philos-
ophy and politics, theory and practice, display a surprising kinship; their
natural antagonism is less stark than certain scholarship might suggest.
As we saw in Chapter 5, for example, what “unity” there is to polit-
ical virtue—the extent to which the political virtues become similar to
even indistinguishable from one another—is rooted less in courage, as
some readers have argued, than in moderation. On the Athenian’s view,
moderation is for the citizen a prosthetic or “stand-in” for the wisdom in
which the virtues cohere for the philosopher. It is the moderate citizen
who becomes like god, where “moderation” consists in a correctly trained
sensitivity to awe and shame. It is true that he describes an elementary
courage or “stoutness of soul” (eupsuchia, 791c) as the first virtue that
must be learned, lest the primal terror of earliest infancy endure into
adulthood and overwhelm what reason or conviction later tell us to fear
and not to fear (791b).5 But the Athenian argues that political virtue
builds a broader foundation on top of this primal toughness, one that he
198 R. A. BALLINGALL
cannot settle for the good-enough nous of its mortal officers. It must
subordinate rulers and subjects alike to laws given it by men of a different
kind, “divine” men unbound to the desires that animate “mortal” crea-
tures. It is to this closer shore that the city must swim. What is more, the
problem of second-best imitation admits of multiple, receding iterations.
This is attested by the “capstone” with which the Athenian concludes
the discussion of drinking parties in Book Two. He argues that the city
would be better off severely limiting the consumption of “wine” wherever
“drinking” cannot be used “for the sake of moderation” (673e). Seeing
as there is a metaphorical analogy between drunkenness and the audacity
needed by philosophy, the “capstone” suggests that the city cut itself off
from philosophy if it cannot selectively—and hence safely—suspend rever-
ence for law. From the city’s point of view, it is better to educate the many
to moderation than to help the few to philosophy, if choose between them
it must. For without moderation, the many lose all hope of virtue. They
refuse to obey any authority beyond the wishes of their mortal souls.
“Freedom” merely permits them license.
After Reverence
This last point calls us back to the wider prospect in whose light we
can recognize our own regime. Can we not readily see ourselves in the
Theatocracy and “titanic nature” of the Stranger’s Athenians? Indeed, his
account seems to resemble our political world more closely than it does
his own.10 It is we who “assert that it is quite correct to judge music
by the standard of the pleasure it gives to whoever enjoys it.” Among
us is run amok “the opinion that everyone is wise in everything.” It is
our shamelessness that has made men “so bold as not to fear the opinion
of someone who is better.” As the Athenian’s “capstone” would predict,
the path down which the moderns have trod has dissolved our sense of
awe. We have become drunk on the Enlightenment’s wine, “treat[ing]
it as something playful” (673e). On the other hand, of course, modern
irreverence has borne impressive fruit. The dream of transforming the
people into an image of the philosopher may have been delusional, but
the accompanying permissiveness has made possible intellectual feats of
breathtaking import. Our disregard of popular virtue has not obviously
come at the expense of the rarest kind; divine men, after all, “do not by
nature grow any more frequently in cities with good laws than in cities
without.”11 Modern societies, moreover, evince a phenomenon that Plato
202 R. A. BALLINGALL
does not seem to have anticipated. Human nature being what it is, the
Athenian claims that suspending reverence would occasion “total freedom
from all rule” (698b) and inaugurate “a harsh epoch in which there is
never a cessation of evils” (701c). But this hardly describes the modern
democracies, despite their profound irreverence and immoderation. As we
saw in Chapter 1, modern society actually creates order out of the very
vice that seems to threaten it. Of a piece with the project of universal
enlightenment is a casual cynicism, wherein the arduous virtues lose much
of their appeal. The proliferation of doubt achieves consensus in the
things whose goodness is most difficult to deny. Masquerading beneath
the banner of freedom, the bodily pleasures supplant the virtues. Posing
as moral autonomy, an easygoing complacency replaces genuine humility.
Because this consensus runs with the grain of mortal nature, it is the
easier to obtain. It demands very little and gives back very much. It would
seem, then, that modernity presents an alternative second best. Modern
society may have given up on political virtue and ethical authority, but
it permits something of the philosophic life while steering clear of the
political worst. It is surprisingly peaceful and orderly, precisely because it
is perennially “drunk.”
Does that mean the moderns have little to learn from the well-led
drinking party? Certainly, it is hard to see ourselves in the Dorian elders of
the Laws —rustic enough to believe what more civilized people contemp-
tuously doubt. However cynical a Kleinias may have grown, he proves
easily ensnared by one who knows the judicious use of awe and shame.
His elderly self-assurance can be reduced to childlike credulity. Can the
same be said of us? Or have we passed beyond the point from which
can be made anew the innocence that is the germ of political virtue
and among the materials needed by the lawgiver? Perhaps a new cata-
clysm would be needed to return us to such simplicity. In the event,
there is reason to fear that modern irreverence may be leading in that
very direction, despite its normally stabilizing influence. However much
hollow skepticism corrodes the appeal of the noble, there are those for
whom life is unlivable without self-effacing devotion. Modern society
may attempt to channel such yearnings into commercialism, constitutional
politics, and representative government, but these outlets hardly supply
the sense of participation in the greatest deeds after which such persons
yearn. Paradoxically, few can devote themselves to such deeds (and to
the long self-discipline that they presuppose) without the psychological
pressure that reverence supplies. Most of us both want and don’t want
6 EPILOGUE 203
to expand human power over our own destinies in ways long thought the
preserve of immortal beings. It is to this extent “irreverent.” But Cooper
finds in Hobbes and his liberal successors a recognition that modernity
depends on a virtue of self-limitation.20 Indeed, she contends that they
saw how enhanced human agency stands in even greater need of such a
virtue than traditional fatalism. It is those who would become like god
who must especially remember that they are merely human.
Cooper’s provocative genealogy of power and humility in modern
political thought suggests that Deneen’s call for a post-liberal future may
be premature. Liberalism may not be as hostile to its own charactero-
logical foundations as his arguments would have us believe. To be sure,
we witness all around us in late modernity the crumbling of those foun-
dations, and the tottering of the edifice they once supported. But these
trends may owe less to the short-sightedness of liberalism’s progenitors
than to a failure to make themselves sufficiently understood. Appeals to
humility in their works are understandably overshadowed by the audacity
of their ideas. The promise of powers not unlike those of beings revered
as gods seems on its face to betray the “prometheanism” that scholars
like Cooper insist these thinkers disavow. Yet godlikeness is not neces-
sarily an irreverent aspiration, as our study of Plato’s Laws attests. The
imitation of god can instead bring home to us the gravity of undertakings
that we might be otherwise tempted to condescend. If liberal modernity
originated in thinkers who shared this insight, even if the apotheosis that
they conceived was rather different, then that should give us pause in
our malaise at the world they helped usher into being. Perhaps we have
yet fully to understand and explore the potentials of the political order
that we have inherited. Until we have, it seems reckless to throw up our
hands and call for its replacement.21 At any rate, the prudent caution
long associated with “conservatism” would seem to counsel against such
a response.
yet the word has almost passed from our vocabulary. Because we do not
understand reverence, we don’t really know what we are doing in much of
our lives, and therefore we are in no position to think about how to do
it better….It is as if we have forgotten one of the cylinders that has been
chugging along in the vehicle of human society since its beginning. And
now, because we do not know the cylinder is there, we have no idea how to
tune it up, or even how we might gum it up completely by inattention.22
the Athenian argues that reverence is more helpful when its surprising
congruence with open-mindedness is fully leveraged. And therein lies an
intriguing possibility for modern society. Despite enormous differences of
political culture and institutions, liberal democracy and classical repub-
licanism share a need of ethically mature citizens and of the authority
indispensable to cultivating such maturity. If as adults we cannot accept
our ongoing want of “rule,” of looking outside ourselves for the guidance
and discipline without which life loses much of its depth and meaning,
then we will be incapable of using well the tempered freedom that is our
patrimony. Believing we can determine for ourselves what it is that we
are here to do, we will be tempted to make light of the matter29 and to
grow vulgarly impatient with those who disagree with us, ultimately losing
the wherewithal to consent to political power. What is wanted, then, is a
means of bringing home to ourselves the true enormity of our vocation as
free persons and hence of our enduring need of authority and law. At the
same time, though, we remain rightly committed to individual liberty—
to preserve the right to repudiate authority and to withdraw our consent
from power. We require a way of at once enhancing and transcending
authority, precisely the procedure to which Plato most calls attention in
the Laws.
To be sure, the Laws selectively preserves and even ratchets up the
closedness of the Dorian regimes on which it builds. Its city in speech is
a theocracy that defends orthodox opinion with the full force of penal
law, ordains a sweeping regimen of mutual surveillance, and carefully
regulates intercourse with the outside world, which it takes great pains
to minimize. In these regards, Magnesia could not seem more alien to
liberal democracy. But we have found that the authority in whose service
these institutions are proposed is also intentionally self-effacing. The study
of Magnesia’s orthodoxy, for example, involves examining the arguments
for atheism, the very practice that dissolves the ignorance-based rever-
ence associated with Egypt and the Dorian cities. Similarly, the Magnesian
regime is self-consciously second best; it does not present itself as perfect;
it riddles the writings of its lawgiver with insinuations that his laws exag-
gerate even the second-best status to which they lay claim. Likewise, the
punishment of the naturally just atheists whom the Athenian singles out
is the learning of “moderation” by participating in the deliberations of
the Nocturnal Council. In the name of protecting the pious dogmas of
the city, the law in this regard facilitates the questioning of dogmatism.
These aspects of Magnesia suggest an understanding of the relationship
6 EPILOGUE 209
tension, and the drift of liberalism would seem to have long favored
the one sentiment over the other. In the final analysis, then, a reverent
modernity may prove a missed opportunity, a road not taken. Perhaps
liberal democracy finds itself beyond a point at which reverence could be
meaningfully revived. The collapse of personal freedom into contempt for
propriety and abhorrence of “elites” may have passed a threshold beyond
which there is no return. As sobering as that possibility is, I conclude
simply by repeating what I wrote above. Until we have understood and
experimented fully with the theoretical and practical possibilities of the
regime under which we live, it seems imprudent to call for revolutionary
political change, or even to give up on the intellectual traditions out of
which that regime emerged. If our study of Plato’s Laws has helped us see
anew a virtue that our world neglects, we should be wary of compounding
that neglect in the critiques we make of our world.
Notes
1. In uttering these words, the compliment that Megillus pays the Athenian
is truer than he knows. The Stranger agrees that the only Athenians who
practice justice do so “without compulsion,” despite the regime’s permis-
siveness. But his argument in the dialogue implies that the “artificial”
virtue that Megillus esteems in himself and in his countrymen is possible
only in the regime that reveres laws fashioned by a philosopher and admin-
istered by those who heed the counsels of a philosopher. In all other cases,
compelling men to practice “virtue” might achieve certain basic if essen-
tial political goods, such as security and order. But it would do so rather
blindly and belligerently, often at the expense of the ruled (832a–d with
Strauss, Argument and Action, 118). The worthiness of political virtue,
then, is determined by the wisdom or folly to which it looks up.
2. In fact, this implication follows only if one assumes, as the Athenian
apparently does, that scarcity inheres in the human situation—that the
supply of material goods is fixed and limited. The phenomenon of modern
economic growth might suggest that this assumption is unwarranted, or
at least in need of deep qualification. For if, under the right institutions,
material acquisitiveness expands overall abundance, then the moral signifi-
cance of greed is profoundly transformed, as Locke seems the first to have
fully appreciated. On the other hand, of course, there may be ecolog-
ical limits beyond which economic growth cannot go, a prospect that
now seems to be coming into focus. Likewise, some argue that economic
growth has always been implicated in imperialism and bourgeois domina-
tion, so much so that Locke’s moral apologia never had much salience. For
6 EPILOGUE 211
© The Editor(s) (if applicable) and The Author(s), under exclusive 215
license to Springer Nature Switzerland AG 2023
R. A. Ballingall, Plato’s Reverent City, Recovering Political Philosophy,
https://doi.org/10.1007/978-3-031-31303-5
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230 INDEX
152–154, 156, 158–160, 165, friendship, 56, 57, 69, 88, 106, 107,
168, 170, 172, 179–181, 183, 139, 189
188, 190, 192, 194–196,
198–201
G
dogma/dogmatic, 17, 18, 35, 85,
god/gods, 3, 4, 7, 8, 11, 13, 14, 24,
147, 151, 174, 179, 180, 184,
25, 28, 31–33, 39–44, 47–49,
193, 196, 208
52, 56, 60–68, 70, 74–76, 78,
doubt, 12, 22, 73, 128, 163,
82–84, 86, 101–104, 117,
165–167, 175, 194, 202, 207
125–127, 137, 142–144, 152,
drug/medicine, 81, 82, 84, 104, 121,
158, 168, 180, 187, 188, 190,
130, 134, 159, 161, 172, 183
196, 199, 200, 204, 205, 213
drunkenness, 53, 161, 165, 183, 201.
imitation of. See godlikeness
See also Dionysus; symposium/
godlikeness, 24, 25, 40, 63, 64, 102,
drinking party
152, 205
Greece, 10
E greed, 69, 210
education, 52–54, 56–59, 65, 72, 73, Grote, George, 15, 33
96, 108, 117–120, 122, 126, Guthrie, W.K.C., 32, 34, 192
129–134, 136, 139–141, 148, Gymnastics, 42, 58, 121, 130
152, 153, 157, 158, 161, 163,
179, 183, 184, 192, 213 H
civic, 53, 54, 56, 57, 111, 117, Halliwell, Stephen, 143
119, 131, 161, 180, 183, 192 happiness, 43, 49, 50, 71, 74, 114,
philosophic, 54 116, 117, 128, 129, 139, 145,
Egypt, 135, 162, 195, 208 153, 154, 194
endurance (eupsuchia), 71, 137, 154, harmony, 53, 67, 69, 73, 95, 128,
157, 187, 188, 197, 213 132, 134, 159, 172, 178
Euripides, 39, 136, 148, 149 Herodotus, 32, 36, 149, 190
Hesiod, 27, 61, 72, 74, 138, 149
Hobbes, Thomas, 10, 51, 73, 204,
F
205, 209
fame, 116
Homer, 41, 143
family, 25, 46, 68, 69, 78, 89, 90,
honor, 10–14, 21, 22, 28, 63, 85–87,
93, 96, 100
89, 105, 140, 158, 173, 175
fear, 5, 6, 8, 10, 12–14, 22, 32, 33,
hubris, 8, 29, 64, 67, 200
36, 53, 58, 69, 87–91, 121, 128,
humility, 2, 19, 20, 22, 63, 75, 85,
130, 136, 139, 145, 152, 154,
197, 198, 202, 204, 205, 209,
157, 160–163, 167, 175, 178,
213
184, 194–198, 201, 207, 211
festivals, 53, 59, 188
forgetfulness/oblivion, 7, 88, 112, I
124, 158, 164, 169, 198, 209 ideas, the, 146, 185
232 INDEX
ignorance, 3, 22, 55, 90, 91, 124, 163, 165, 177, 178, 184, 192,
137, 138, 156, 161, 163, 165, 199, 202, 211
166, 169, 171, 172, 175, 176, Klosko, George, 33, 36, 37, 66, 72,
187, 188, 193, 198 151, 185, 186, 189, 191, 192,
image, 13, 23, 24, 32, 57, 58, 72, 220
73, 82, 84, 95, 111, 115, 122, Kraut, Richard, 34, 73, 188, 190
123, 128, 134, 144, 146, 149, Kronos, 61, 62, 64, 74, 149
159, 171, 174, 183, 191, 201 Kuhn, Helmut, 145
imitation, 25, 44, 51, 61, 62, 64–66,
75, 78, 79, 84, 91, 94–97,
100–103, 107, 112, 113, 117, L
119, 127, 128, 133, 134, 142, Lacedaemon, 53, 168, 170, 173
146, 151–153, 159, 185, 196, Laks, André, 34, 73, 102–104, 107,
199–201, 205. See also 142, 143, 145, 185
godlikeness; shadows law, 11, 15–18, 21, 24, 32, 33, 35,
impiety, 176, 177, 179, 183 40, 42–44, 47–50, 52, 54, 55,
injustice, 2, 5, 61, 68, 69, 90, 101, 58, 61, 62, 65, 67, 68, 70, 75,
134, 152, 153, 169, 189, 190, 80–85, 100, 101, 103–105, 111,
197, 198 115, 120, 122, 123, 125–129,
intelligence, 9, 17, 48–50, 55, 58, 60, 135, 137, 139, 142, 152, 153,
61, 64, 65, 70, 83, 107, 122, 155–157, 161–163, 165, 171,
123, 132, 137, 146, 152–157, 173, 175–177, 180–182, 184,
160–162, 168, 171, 173–175, 186, 190–193, 195, 196, 199,
180, 183, 184, 188, 189, 191, 208, 211, 212
196, 200 as custom/convention, 11, 13, 106,
141, 163
divine, 48–50, 52, 56, 58, 63, 65,
J 66, 68–70, 73, 128, 129, 134,
justice, 6, 7, 12, 17–19, 43, 45, 49, 136, 142, 153, 155, 161, 162,
61, 67, 69, 70, 81, 90, 106, 117, 168, 189, 199
133, 144, 154, 160, 169, 178, human, 43, 48, 54, 94, 125, 199
187, 188, 194, 195, 197, 210 rule of, 44, 62, 75, 83, 84, 94,
happiness and, 114, 117, 194 101, 103, 181, 184, 211
painful appearance of, 81. See also lawfulness, 54, 103, 156
shadows lawgiver, 6, 14, 18, 40–44, 47–49,
53, 55, 59, 60, 65, 69, 73,
79–82, 84, 89, 92, 94–101,
K 104–108, 111, 113, 117, 120,
Kleinias, 41–47, 49, 52, 53, 56–58, 121, 124, 130, 137–139, 142,
60, 62, 63, 65, 67–69, 71, 147, 148, 153, 154, 163, 166,
73–75, 77, 78, 92, 101–105, 167, 169, 171, 176, 177, 182,
107, 120–125, 129, 133–135, 183, 202, 208, 211
137–139, 144, 153, 156–158, Lewis, V. Bradley, 181, 186, 191
INDEX 233
liberalism, 56, 204, 205, 209, 210, music, 118, 120, 128, 129, 132–135,
212 137, 138, 140, 141, 157, 159,
lie, 40, 57, 78, 90, 113, 117, 137, 176, 201
153, 166, 172, 173, 188, 194, myth, 22, 41, 45, 47, 60–62, 64,
199, 203, 208 122, 164
Locke, John, 10, 31, 210–212
Lutz, Mark J., 32, 33, 35, 36, 66, 67,
69, 72, 146, 186, 188 N
Lycurgus, 128, 138, 139, 149, 168 nature, 3, 5, 8–14, 19, 21, 34, 40,
42, 43, 48–50, 52, 59, 61, 62,
68, 73, 74, 79, 81–84, 105, 109,
M
111, 112, 114, 116, 119, 122,
Machiavelli, Niccolo, 68, 73, 74, 189
123, 126, 128, 130, 131, 134,
Mansfield, Harvey C., 35, 68, 74, 213
138, 143, 149, 155, 156, 163,
Master/despot, 4, 61, 74, 79, 81, 84,
172, 176–179, 183, 184, 191,
115, 125
192, 194, 196, 200–202, 204,
Megillus, 42, 44, 53, 55, 68, 69, 71,
209
103, 120, 129, 133, 138, 139,
147, 157, 165, 168–171, 173, necessity, 4, 6, 8, 20, 24, 43, 44, 48,
174, 178, 184, 199, 210 62, 78, 79, 81, 96, 127, 169,
Melzer, Arthur M., 22, 31, 32, 36 176, 188, 194, 196
memory, 4, 161, 164, 166, 179, 190 Newell, Waller R., 74, 106
Meyer, Susan Sauvé, 51, 70, 71, 73, Nietzsche, Friedrich, 30, 33, 143
145, 146, 189 nobility/noble, 2, 5, 6, 11, 13, 14,
Mill, J.S., 30, 33 22, 31, 34, 45, 51, 56, 57, 87,
Minos, 32, 41–44, 47, 48, 68, 83, 90, 98, 124, 152, 153, 157, 160,
113, 128, 191 164–167, 169, 172, 182, 187,
moderation, 5, 7, 9, 24, 28, 32, 36, 189, 190, 196, 202, 203
39, 40, 49, 53, 54, 63–66, 70, Nocturnal Council, 115, 144,
91, 104, 108, 152, 154, 156, 179–183, 186, 190–192, 208,
162, 172–174, 183, 187–189, 211
192, 197, 198, 201, 202, 208 Nussbaum, Martha C., 27, 145
modernity, 7, 148, 202, 203, 205,
209, 210
money, 88, 89, 106 O
Morrow, Glenn R., 34, 36, 71, 108, obedience, 8–10, 21, 24, 30, 42,
146, 181, 186, 190–192 54–56, 83, 100, 123, 125, 144,
mortal/mortality, 3, 4, 6, 7, 13, 14, 155, 173, 174, 178, 182, 185,
19–22, 32, 35, 39, 40, 44, 48, 189, 207
61–63, 76, 79, 83, 85, 87, 93, Odysseus, 67
94, 100, 114, 123–125, 127, Oedipus, 3
128, 142, 143, 171, 173, 177, opinion. See belief/conviction
179, 195, 201, 202 Orwin, Clifford, 75, 190
234 INDEX
transgression, 149, 198, 200 wealth, 12, 49, 50, 96, 97, 116, 135,
tyrant/tyranny, 8, 20, 60–62, 65, 68, 166
74, 81, 82, 95, 96, 101, 104, Whitaker, Albert Keith, 45, 67, 68
113, 115, 116, 149 Williams, Bernard, 29, 33, 145
wine. See symposium/drinking party
wisdom, 7, 18, 20, 23, 48, 52, 64,
V 74, 75, 79, 82, 89, 90, 107, 115,
vice. See corruption 123, 137, 144, 155, 156, 166,
virtue 170–174, 183, 188, 197, 209,
civic/political, 6, 21, 22, 36, 210
56–58, 73, 89, 91, 105, 115, Woodruff, Paul, 3, 6, 7, 27–30, 37,
117, 128, 146, 154–156, 167, 72, 113–115, 142, 143, 148,
173, 174, 188, 195, 197, 198, 149, 198, 199, 205–207, 213
202, 209
philosophic/genuine, 20, 27, 70,
155–157, 175 X
unity of, 152, 154, 186 Xenophon, 36, 149, 190
Vlastos, Gregory, 33, 187
voluntary, 11, 15, 35, 90, 140, 152,
174 Z
Zeus, 41, 42, 44, 48, 61, 67, 68,
128, 134, 191
W Zuckert, Catherine, 37, 66–68, 72,
war, 42, 43, 45–47, 71, 171 146, 147