书城法律法律篇
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第36章 BOOK IV(7)

Ath. And did you ever observe that there are two classes of patientsin states, slaves and freemen; and the slave doctors run about andcure the slaves, or wait for them in the dispensaries-practitioners ofthis sort never talk to their patients individually, or let themtalk about their own individual complaints? The slave doctorprescribes what mere experience suggests, as if he had exactknowledge; and when he has given his orders, like a tyrant, herushes off with equal assurance to some other servant who is ill;and so he relieves the master of the house of the care of hisinvalid slaves. But the other doctor, who is a freeman, attends andpractises upon freemen; and he carries his enquiries far back, andgoes into the nature of the disorder; he enters into discourse withthe patient and with his friends, and is at once getting informationfrom the sick man, and also instructing him as far as he is able,and he will not prescribe for him until he has first convinced him; atlast, when he has brought the patient more and more under hispersuasive influences and set him on the road to health, he attemptsto effect a cure. Now which is the better way of proceeding in aphysician and in a trainer? Is he the better who accomplishes his endsin a double way, or he who works in one way, and that the ruder andinferior?

Cle. I should say, Stranger, that the double way is far better.

Ath. Should you like to see an example of the double and singlemethod in legislation?

Cle. Certainly I should.

Ath. What will be our first law? Will not the the order of nature,begin by making regulations for states about births?

Cle. He will.

Ath. In all states the birth of children goes back to the connectionof marriage?

Cle. Very true.

Ath. And, according to the true order, the laws relating to marriageshould be those which are first determined in every state?

Cle. Quite so.

Ath. Then let me first give the law of marriage in a simple form; itmay run as follows:-A man shall marry between the ages of thirty andthirty-five, or, if he does not, he shall pay such and such a fine, orshall suffer the loss of such and such privileges. This would be thesimple law about marriage. The double law would run thus:-A manshall marry between the ages of thirty and thirty-five, consideringthat in a manner the human race naturally partakes of immortality,which every man is by nature inclined to desire to the utmost; for thedesire of every man that he may become famous, and not lie in thegrave without a name, is only the love of continuance. Now mankind arecoeval with all time, and are ever following, and will ever follow,the course of time; and so they are immortal, because they leavechildren"s children behind them, and partake of immortality in theunity of generation. And for a man voluntarily to deprive himself ofthis gift, as he deliberately does who will not have a wife orchildren, is impiety. He who obeys the law shall be free, and shallpay no fine; but he who is disobedient, and does not marry, when hehas arrived at the age of thirty-five, shall pay a yearly fine of acertain amount, in order that he may not imagine his celibacy to bringease and profit to him; and he shall not share in the honours whichthe young men in the state give to the aged. Comparing now the twoforms of the law, you will be able to arrive at a judgment about anyother laws-whether they should be double in length even when shortest,because they have to persuade as well as threaten, or whether theyshall only threaten and be of half the length.

Meg. The shorter form, Stranger, would be more in accordance withLacedaemonian custom; although, for my own part, if any one were toask me which I myself prefer in the state, I should certainlydetermine in favour of the longer; and I would have every law madeafter the same pattern, if I had to choose. But I think thatCleinias is the person to be consulted, for his is the state whichis going to use these laws.

Cle. Thank you, Megillus.