There are laws of health and of cure, composed by the few physicians wise upon those subjects, and unanimously declared by them. So also there are laws of farming, gardening, cookery, declared by the few wise in those respective pursuits. In like manner, the laws of a city are the judgments declared by the few wise men who know how to rule.

Sokr. — Perhaps you do not reflect that pieces on the draught-board, when their position is changed, still remain the same. You know medical treatises: you know that physicians are the really knowing about matters of health: and that they agree with each other in writing about them. Comp. — Yes — I know that. Sokr. — The case is the same whether they be Greeks or not Greeks: Those who know, must of necessity hold the same opinion with each other, on matters which they know: always and everywhere. Comp. — Yes — always and everywhere. Sokr. — Physicians write respecting matters of health what they account to be true, and these writings of theirs are the medical laws? Comp. — Certainly they are. Sokr. — The like is true respecting the laws of farming — the laws of gardening — the laws of cookery. All these are the writings of persons, knowing in each of the respective pursuits? Comp. — Yes.23 Sokr. — In like manner, what are the laws respecting the government of a city? Are they not the writings of those who know how to govern — kings, statesmen, and men of superior excellence? Comp. — Truly so. Sokr. — Knowing men like these will not write differently from each other about the same things, nor change what they have once written. If, then, we see some doing this, are we to declare them knowing or ignorant? Comp. — Ignorant — undoubtedly.

That which is right is the regal law, the only true and real law — that which is not right, is not law, but only seems to be law in the eyes of the ignorant.

Sokr. — Whatever is right, therefore, we may pronounce to be lawful; in medicine, gardening, or cookery: whatever is not right, not to be lawful but lawless. And the like in treatises respecting just and unjust, prescribing how the city is to be administered: That which is right, is the regal law — that which is not right, is not so, but only seems to be law in the eyes of the ignorant — being in truth lawless. Comp. — Yes. Sokr. — We were correct therefore in declaring Law to be the finding out of reality. Comp. — It appears so.24 Sokr. — It is the skilful husbandman who gives right laws on the sowing of land: the skilful musician on the touching of instruments: the skilful trainer, respecting exercise of the body: the skilful king or governor, respecting the minds of the citizens. Comp. — Yes — it is.25

Minos, King of Krete — his laws were divine and excellent, and have remained unchanged from time immemorial.

Sokr. — Can you tell me which of the ancient kings has the glory of having been a good lawgiver, so that his laws still remain in force as divine institutions? Comp. — I cannot tell. Sokr. — But can you not say which among the Greeks have the most ancient laws? Comp. — Perhaps you mean the Lacedæmonians and Lykurgus? Sokr. — Why, the Lacedæmonian laws are hardly more than three hundred years old: besides, whence is it that the best of them come? Comp. — From Krete, they say. Sokr. — Then it is the Kretans who have the most ancient laws in Greece? Comp. — Yes. Sokr. — Do you know those good kings of Krete, from whom these laws are derived — Minos and Rhadamanthus, sons of Zeus and Europa? Comp. — Rhadamanthus certainly is said to have been a just man, Sokrates; but Minos quite the reverse — savage, ill-tempered, unjust. Sokr. — What you affirm, my friend, is a fiction of the Attic tragedians. It is not stated either by Homer or Hesiod, who are far more worthy of credit than all the tragedians put together. Comp. — What is it that Homer and Hesiod say about Minos?26

Question about the character of Minos — Homer and Hesiod declare him to have been admirable, the Attic tragedians defame him as a tyrant, because he was an enemy of Athens.

Sokrates replies by citing, and commenting upon, the statements of Homer and Hesiod respecting Minos, as the cherished son, companion, and pupil, of Zeus; who bestowed upon him an admirable training, teaching him wisdom and justice, and thus rendering him consummate as a lawgiver and ruler of men. It was through these laws, divine as emanating from the teaching of Zeus, that Krete (and Sparta as the imitator of Krete) had been for so long a period happy and virtuous. As ruler of Krete, Minos had made war upon Athens, and compelled the Athenians to pay tribute. Hence he had become odious to the Athenians, and especially odious to the tragic poets who were the great teachers and charmers of the crowd. These poets, whom every one ought to be cautious of offending, had calumniated Minos as the old enemy of Athens.27

That Minos was really admirable — and that he has found out truth and reality respecting the administration of the city — we may be sure from the fact that his laws have remained so long unaltered.

But that these tales are mere calumny (continues Sokrates), and that Minos was truly a good lawgiver, and a good shepherd (νομεὺς ἀγαθός) of his people — we have proof through the fact, that his laws still remain unchanged: which shows that he has really found out truth and reality respecting the administration of a city.28 Comp. — Your view seems plausible, Sokrates. Sokr. — If I am right, then, you think that the Kretans have more ancient laws than any other Greeks? and that Minos and Rhadamanthus are the best of all ancient lawgivers, rulers, and shepherds of mankind? Comp. — I think they are.

The question is made more determinate — What is it that the good lawgiver prescribes and measures out for the health of the mind, as the physician measures out food and exercise for the body? Sokrates cannot tell. Close.

Sokr. — Now take the case of the good lawgiver and good shepherd for the body — If we were asked, what it is that he prescribes for the body, so as to render it better? we should answer, at once, briefly, and well, by saying — food and labour: the former to sustain the body, the latter to exercise and consolidate it. Comp. — Quite correct. Sokr. — And if after that we were asked, What are those things which the good lawgiver prescribes for the mind to make it better, what should we say, so as to avoid discrediting ourselves? Comp. — I really cannot tell. Sokr. — But surely it is discreditable enough both for your mind and mine — to confess, that we do not know upon what it is that good and evil for our minds depends, while we can define upon what it is that the good or evil of our bodies depends?29

The Hipparchus and Minos are analogous to each other, and both of them inferior works of Plato, perhaps unfinished.

Hipparchus — Double meaning of φιλοκερδὴς and κέρδος.

In Hipparchus, the question put by Sokrates is, about the definition of ὁ φιλοκερδὴς (the lover of gain), and of κέρδος itself — gain. The first of these two words (like many in Greek as well as in English) is used in two senses. In its plain, etymological sense, it means an attribute belonging to all men: all men love gain, hate loss. But since this is predicable of all, there is seldom any necessity for predicating it of any one man or knot of men in particular. Accordingly, when you employ the epithet as a predicate of A or B, what you generally mean is, to assert something more than its strict etymological meaning: to declare that he has the attribute in unusual measure; or that he has shown himself, on various occasions, wanting in other attributes, which on those occasions ought, in your judgment, to have countervailed it. The epithet thus comes to connote a sentiment of blame or reproach, in the mind of the speaker.30

State or mind of the agent, as to knowledge, frequent inquiry in Plato. No tenable definition found.

Admitting that there is bad gain, as well as good gain, what is the meaning of the word gain? None is found.

The same question comes back in another form, after Sokrates has given the liberty of retractation. The Collocutor maintains that there is bad gain, as well as good gain. But what is that common, generic, quality, designated well as good by the word gain, apart from these two distinctive epithets? He cannot find it out or describe it. He gives two definitions, each of which is torn up by Sokrates. To deserve the name of gain, that which a man acquires must be good; and it must surpass, in value as well as in quantity, the loss or outlay which he incurs in order to acquire it. But when thus understood, all gains are good. There is no meaning in the distinction between good and bad gains: all men are lovers of gain.

Purpose of Plato in the dialogue — to lay bare the confusion, and to force the mind of the respondent into efforts for clearing it up.

With this confusion, the dialogue closes. The Sokratic notion of good, as what every one loves — evil as what every one hates — also of evil-doing, as performed by every evil-doer only through ignorance or mistake is brought out and applied to test the ethical phraseology of a common-place respondent. But it only serves to lay bare a state of confusion and perplexity, without clearing up any thing. Herein, so far as I can see, lies Plato’s purpose in the dialogue. The respondent is made aware of the confusion, which he did not know before; and this, in Plato’s view, is a progress. The respondent cannot avoid giving contradictory answers, under an acute cross-examination: but he does not adopt any new belief. He says to Sokrates at the close — “The debate has constrained rather than persuaded me”.31 This is a simple but instructive declaration of the force put by Sokrates upon his collocutors; and of the reactionary effort likely to be provoked in their minds, with a view to extricate themselves from a painful sense of contradiction. If such effort be provoked, Plato’s purpose is attained.

One peculiarity there is, analogous to what we have already seen in the Hippias Major. It is not merely the Collocutor who charges Sokrates, but also Sokrates who accuses the Collocutor — each charging the other with attempts to deceive a friend.32 This seems intended by Plato to create an occasion for introducing what he had to say about Hipparchus — apropos of the motto on the Hipparchean Hermes — μὴ φίλον ἐξαπάτα.

Historical narrative and comments given in the dialogue respecting Hipparchus — afford no ground for declaring the dialogue to be spurious.

The modern critics, who proclaim the Hipparchus not to be the work of Plato, allege as one of the proofs of spuriousness, the occurrence of this long narrative and comment upon the historical Hipparchus and his behaviour; which narrative (the critics maintain) Plato would never have introduced, seeing that it contributes nothing to the settlement of the question debated. But to this we may reply, first, That there are other dialogues33 (not to mention the Minos) in which Plato introduces recitals of considerable length, historical or quasi-historical recitals; bearing remotely, or hardly bearing at all, upon the precise question under discussion; next, — That even if no such analogies could be cited, and if the case stood single, no modern critic could fairly pretend to be so thoroughly acquainted with Plato’s views and the surrounding circumstances, as to put a limit on the means which Plato might choose to take, for rendering his dialogues acceptable and interesting. Plato’s political views made him disinclined to popular government generally, and to the democracy of Athens in particular. Conformably with such sentiment, he is disposed to surround the rule of the Peisistratidæ with an ethical and philosophical colouring: to depict Hipparchus as a wise man busied in instructing and elevating the citizens; and to discredit the renown of Harmodius and Aristogeiton, by affirming them to have been envious of Hipparchus, as a philosopher who surpassed themselves by his own mental worth. All this lay perfectly in the vein of Plato’s sentiment; and we may say the same about the narrative in the Minos, respecting the divine parentage and teaching of Minos, giving rise to his superhuman efficacy as a lawgiver and ruler. It is surely very conceivable, that Plato, as a composer of ethical dialogues or dramas, might think that such recitals lent a charm or interest to some of them. Moreover, something like variety, or distinctive features as between one dialogue and another, was a point of no inconsiderable moment. I am of opinion that Plato did so conceive these narratives. But at any rate, what I here contend is, that no modern critics have a right to assume as certain that he did not.

Minos. Question — What is the characteristic property connoted by the word νόμος or law?

This question was discussed by the historical Sokrates, Memorabilia of Xenophon.

That the definition of νόμος or Law was discussed by Sokrates, we know, not only from the general description of his debates given in Xenophon, but also from the interesting description (in that author) of the conversation between the youthful Alkibiades and Perikles.34 The interrogations employed by Alkibiades on that occasion are Sokratic, and must have been derived, directly or indirectly, from Sokrates. They are partially analogous to the questions of Sokrates in the dialogue Minos, and they end by driving Perikles into a confusion, left unexplained, between Law and Lawlessness.

Definitions of law — suggested and refuted. Law includes, as a portion of its meaning, justice, goodness, usefulness, &c. Bad decrees are not laws.

Definitions of νόμος are here given by the Companion, who undergoes a cross-examination upon them. First, he says, that Νόμος = τὰ νομιζόμενα. But this is rejected by Sokrates, who intimates that Law is not the aggregate of laws enacted or of customs held binding: but that which lies behind these laws and customs, imparting to them their binding force.35 We are to enquire what this is. The Companion declares that it is the public decree of the city: political or social opinion. But this again Sokrates contests: putting questions to show that Law includes, as a portion of its meaning, justice, goodness, beauty, and preservation of the city with its possessions; while lawlessness includes injustice, evil, ugliness, and destruction. There can be no such thing as bad or wicked law.36 But among decrees of the city, some are bad, some are good. Therefore to define Law as a decree of the city, thus generally, is incorrect. It is only the good decree, not the bad decree, which is Law. Now the good decree or opinion, is the true opinion: that is, it is the finding out of reality. Law therefore wishes or aims to be the finding out of reality: and if there are differences between different nations, this is because the power to find out does not always accompany the wish to find out.

Sokrates affirms that law is everywhere the same — it is the declared judgment and command of the Wise man upon the subject to which it refers — it is truth and reality, found out and certified by him.

As to the assertion — that Law is one thing here, another thing there, one thing at one time, another thing at another — Sokrates contests it. Just things are just (he says) everywhere and at all times; unjust things are unjust also. Heavy things are heavy, light things light, at one time, as well as at another. So also honourable things are everywhere honourable, base things everywhere base. In general phrase, existent things are everywhere existent,37 non-existent things are not existent. Whoever therefore fails to attain the existent and real, fails to attain the lawful and just. It is only the man of art and knowledge, in this or that department, who attains the existent, the real, the right, true, lawful, just. Thus the authoritative rescripts or laws in matters of medicine, are those laid down by practitioners who know that subject, all of whom agree in what they lay down: the laws of cookery, the laws of agriculture and of gardening — are rescripts delivered by artists who know respectively each of those subjects. So also about Just and Unjust, about the political and social arrangements of the city — the authoritative rescripts or laws are, those laid down by the artists or men of knowledge in that department, all of whom agree in laying down the same: that is, all the men of art called kings or lawgivers. It is only the right, the true, the real — that which these artists attain — which is properly a law and is entitled to be so called. That which is not right is not a law, — ought not to be so called — and is only supposed to be a law by the error of ignorant men.38

Reasoning of Sokrates in the Minos is unsound, but Platonic. The Good, True, and Real, coalesce in the mind of Plato — he acknowledges nothing to be Law, except what he thinks ought to be Law.

That the reasoning of Sokrates in this dialogue is confused and unsound (as M. Boeckh and other critics have remarked), I perfectly agree. But it is not the less completely Platonic; resting upon views and doctrines much cherished and often reproduced by Plato. The dialogue Minos presents, in a rude and awkward manner, without explanation or amplification, that worship of the Abstract and the Ideal, which Plato, in other and longer dialogues, seeks to diversify as well as to elaborate. The definitions of Law here combated and given by Sokrates, illustrate this. The good, the true, the right, the beautiful, the real — all coalesce in the mind of Plato. There is nothing (in his view) real, except The Good, The Just, &c. (τὸ αὐτο-ἀγαθὸν; αὐτο-δίκαιον — Absolute Goodness and Justice): particular good and just things have no reality, they are no more good and just than bad and unjust — they are one or the other, according to circumstances — they are ever variable, floating midway between the real and unreal.39 The real alone is knowable, correlating with knowledge or with the knowing Intelligence Νοῦς. As Sokrates distinguishes elsewhere τὸ δίκαιον or αὐτο-δίκαιον from τὰ δίκαια — so here he distinguishes (νόμος from τὰ νομιζόμενα) Law, from the assemblage of actual commands or customs received as laws among mankind. These latter are variable according to time and place; but Law is always one and the same. Plato will acknowledge nothing to be Law, except that which (he thinks) ought to be Law: that which emanates from a lawgiver of consummate knowledge, who aims at the accomplishment of the good and the real, and knows how to discover and realise that end. So far as “the decree of the city” coincides with what would have been enacted by this lawgiver (i. e. so far as it is good and right), Sokrates admits it as a valid explanation of Law; but no farther. He considers the phrase bad law to express a logical impossibility, involving a contradiction in adjecto.40 What others call a bad law, he regards as being no real law, but only a fallacious image, mistaken for such by the ignorant. He does not consider such ignorant persons as qualified to judge: he recognises only the judgment of the knowing one or few, among whom he affirms that there can be no difference of opinion. Every one admits just things to be just, — unjust things to be unjust, — heavy things to be heavy, — the existent and the real, to be the existent and the real. If then the lawgiver in any of his laws fails to attain this reality, he fails in the very purpose essential to the conception of law:41 i. e. his pretended law is no law at all.

Plato worships the Ideal of his own mind — the work of systematic constructive theory by the Wise Man.

Different applications of this general Platonic view, in the Minos, Politikus, Kratylus, &c. Natural Rectitude of Law, Government, Names, &c.

In the Minos, this general Platonic view is applied to Law: in the Politikus, to government and social administration: in the Kratylus, to naming or language. In the Politikus, we find the received classification of governments (monarchy, aristocracy, and democracy) discarded as improper; and the assertion advanced, That there is only one government right, true, genuine, really existing — government by the uncontrolled authority and superintendence of the man of exalted intelligence: he who is master in the art of governing, whether such man do in fact hold power anywhere or not. All other governments are degenerate substitutes for this type, some receding from it less, some more.42 Again, in the Kratylus, where names and name-giving are discussed, Sokrates43 maintains that things can only be named according to their true and real nature — that there is, belonging to each thing, one special and appropriate Name-Form, discernible only by the sagacity of the intelligent Lawgiver: who alone is competent to bestow upon each thing its right, true, genuine, real name, possessing rectitude by nature (ὀρθότης φύσει).44 This Name-Form (according to Sokrates) is the same in all languages in so far as they are constructed by different intelligent Lawgivers, although the letters and syllables in which they may clothe the Form are very different.45 If names be not thus apportioned by the systematic purpose of an intelligent Lawgiver, but raised up by insensible and unsystematic growth — they will be unworthy substitutes for the genuine type, though they are the best which actual societies possess; according to the opinion announced by Kratylus in that same dialogue, they will not be names at all.46

Eulogy on Minos, as having established laws on this divine type or natural rectitude.

The Kretan Minos (we here find it affirmed), son, companion, and pupil of Zeus, has learnt to establish laws of this divine type or natural rectitude: the proof of which is, that the ancient Kretan laws have for immemorial ages remained, and still do remain,47 unchanged. But when Sokrates tries to determine, Wherein consists this Law-Type? What is it that the wise Lawgiver prescribes for the minds of the citizens — as the wise gymnastic trainer prescribes proper measure of nourishment and exercise for their bodies? — the question is left unanswered. Sokrates confesses with shame that he cannot answer it: and the dialogue ends in a blank. The reader — according to Plato’s manner — is to be piqued and shamed into the effort of meditating the question for himself.

The Minos was arranged by Aristophanes at first in a Trilogy along with the Leges.

An attempt to answer this question will be found in Plato’s Treatise De Legibus — in the projected Kretan colony, of which he there sketches the fundamental laws. Aristophanes of Byzantium very naturally placed this treatise as sequel to the Minos; second in the Trilogy of which the Minos was first.48

Explanations of the word Law — confusion in its meaning.

There is also much confusion, if we compare the Minos with other dialogues; wherein Plato frequently talks of Laws as the laws and customs actually existing or imperative in any given state — Athens, Sparta, or elsewhere (Νόμος = τὰ νομιζόμενα, according to the first words in the Minos). For example, in the harangue which he supposes to be addressed to Sokrates in the Kriton, and which he invests with so impressive a character — the Laws of Athens are introduced as speakers: but according to the principles laid down in the Minos, three-fourths of the Laws of Athens could not be regarded as laws at all. If therefore we take Plato’s writings throughout, we shall not find that he is constant to one uniform sense of the word Law, or that he escapes the frequent confusion between Law as it actually exists and Law as it ought to be.49