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:

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

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2014

The End of Retirement

= Subscribers only.
Sign in here.
Subscribe here.

The Octopus and Its Grandchildren

= Subscribers only.
Sign in here.
Subscribe here.

Francis and the Nuns

= Subscribers only.
Sign in here.
Subscribe here.

Return of the Strongman

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The End of Retirement·

= Subscribers only.
Sign in here.
Subscribe here.

“For those riding the economy’s outermost edge, adaptation may now mean giving up what full-time RV dwellers call ‘stick houses’ to hit the road and seek work.”
Photograph (detail) © Max Whittaker
Post
The Many Faces of Boko·

= Subscribers only.
Sign in here.
Subscribe here.

“People want education. Open a school and they will rush.”
Photograph © The author
Article
The Octopus and Its Grandchildren·

= Subscribers only.
Sign in here.
Subscribe here.

On Stanford University’s origins and vision
“The pervasive fantasy that Silicon Valley doesn’t need the government obscures the role of that government in funding much of the research that built it.”
Photograph © Sallie Dean Shatz
Post
God Lives on Lemon Street·

= Subscribers only.
Sign in here.
Subscribe here.

“Bethel was Oz-like for me. I mean that with all the awe, utter hopefulness, and mythic fear with which Dorothy and her friends had approached that magical city.”
Photograph (detail) ©© Clemens v. Vogelson (Flickr)
Article
Francis and the Nuns·

= Subscribers only.
Sign in here.
Subscribe here.

“A year and a half into his papacy, Pope Francis is looking an awful lot like his predecessors.”
Photograph (detail) © Dan Kitwood / Getty Images

Estimated additional hours Americans would spend stoned annually if marijuana were legal in most states:

30,000,000,000

Researchers at Johns Hopkins University said that most alcohol-related airplane accidents happen at night and in bad weather.

A waitress in Chengdu ate a cockroach in response to a complaint by a customer who had discovered the bug in his salad. “You will always find cockroaches in the food,” she told him. “It is very normal.”

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

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today