No Comment, Quotation — March 1, 2008, 12:00 am

Law as a Vehicle for Freedom or Repression

marius-sextus

Viewed in relation to its purposes, the law code of Lycurgus is a masterpiece in the art of statecraft and humanity. He desired a powerful, unassailable state, firmly established on its own principles. Political effectiveness and permanence were the goal toward which he strove, and he attained this goal to the full extent possible under the circumstances. But if one compares the purpose Lycurgus had in view with the purposes of humankind, then a deep abhorrence assumes the place of the approbation which we felt at first glance. Anything may be sacrificed to the good of the state except that end for which the state serves as a means. The state is never an end in itself; it is important only as a condition under which the purpose of mankind can be attained, and this purpose is none other than the development of all man’s power, his progress and improvement. If a state prevents the development of the possibilities which reside in man, if it interferes with the progress of the human spirit, then it is reprehensible and injurious, no matter how excellently devised, how perfect in its own way. Its very permanence in that case amounts more to a reproach than to a basis for fame; it be comes a prolonged evil, and the longer it endures, the more harmful it is….

At the price of all moral feeling a political system was set up, and the resources of the state were mobilized to that end. In Sparta there was no conjugal love, no maternal love, no filial devotion, no friendship; all men were citizens only, and all virtue was civic virtue.

A law of the state made it the duty of Spartans to be inhumane to their slaves; in these unhappy victims of war, humankind itself was insulted and degraded. In the Spartan code of law the dangerous principle was promulgated that men are to be looked upon as means and not as ends – and the foundation of natural law and of morality were destroyed by that law….

The state could endure only under the one condition: that the spirit of the people remained quiescent. Hence it could be maintained only if it failed to achieve the highest, the sole purpose of a state. Accordingly, although it is said in praise of Lycurgus that the state bloomed as long as it held to the letter of his law, in fact this was his worst deed…

The legislator alone works a self-assertive and difficult material: human freedom. He will never bring the Ideal to perfection, but the very effort to achieve that which he purely conceives in spirit with disinterested benevolence and diligently pursues is worthy of praise.

Friedrich Schiller, Die Gesetzgebung des Lykurgus und Solon (1790) in Sämtliche Werke vol. 4, pp. 814-15 (Carl Hanser ed.)(S.H. transl.)

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Browsings]
“I’m worried that what the Houthis did to push Yemen into a civil conflict in September 2014, the Saudis may end up doing again when they end their campaign by eliminating the Houthis.”
Photograph by Alex Potter
Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery
Post
Introducing the July Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Trudy Lieberman reports on the failed promise of the Affordable Care Act, Sarah A. Topol explores Ukraine’s struggle for a national identity, Dave Madden spends a week in Hollywood’s toughest comedy club, and more

Photograph by Stanley Greene/NOOR Images

Amount bin Laden paid to replace each cricket ball hit into his compound, according to a local boy:

$0.59

Butterflies and moths remember their lives as caterpillars.

Piñatas resembling Donald Trump, who was fired from NBC after calling Mexican immigrants rapists, went on sale in Mexico.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today