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Aristotle, Politics

ToposText · Aristotle · 187 sections

  1. urn:cts:greekLit:tlg0086.tlg035:1252a

    § 1252a Book 1 Every state is as we see a sort of partnership, and every partnership is formed with a view to some good (since all the actions of all mankind are done with a view to what they think to be good). It is therefore evident that, while all partnerships aim at some good the partnership that is the most supreme of all and includes all the others does so most of all, and aims at the most supreme of all goods; and this is the partnership entitled the state, the political association. Those then who think that the natures of the statesman, the royal ruler, the head of an estate and the master of a family are the same, are mistaken (they imagine that the difference between these various forms of authority is one of greater and smaller numbers, not a difference in the kind — that is, that the ruler over a few people is a master, over more the head of an estate, over more still a statesman or royal ruler, as if there were no difference between a large household and a small city; and also as to the statesman and the royal ruler, they think that one who governs as sole head is royal, and one who, while the government follows the principles of the science of royalty, takes turns to govern and be governed is a statesman; but these views are not true). And a proof that these people are mistaken will appear if we examine the question in accordance with our regular method of investigation. In every other matter it is necessary to analyze the composite whole down to its uncompounded elements (for these are the smallest parts of the whole); so too with the state, by examining the elements of which it is composed we shall better discern in relation to these different kinds of rulers what is the difference between them, and whether it is possible to obtain any scientific precision in regard to the various statements made above. [1.2] In this subject as in others the best method of investigation is to study things in the process of development from the beginning. The first coupling together of persons then to which necessity gives rise is that between those who are unable to exist without one another: for instance the union of female and male for the continuance of the species (and this not of deliberate purpose, but with man as with the other animals and with plants there is a natural instinct to desire to leave behind one another being of the same sort as oneself); and the union of natural ruler and natural subject for the sake of security (for he that can foresee with his mind is naturally ruler and naturally master, and he that can do these things with his body is subject and naturally a slave; so that master and slave have the same interest).

  2. urn:cts:greekLit:tlg0086.tlg035:1252b

    § 1252b Thus the female and the slave are by nature distinct (for nature makes nothing as the cutlers make the Delphic knife, in a niggardly way, but one thing for one purpose; for so each tool will be turned out in the finest perfection, if it serves not many uses but one). Yet among barbarians the female and the slave have the same rank; and the cause of this is that barbarians have no class of natural rulers, but with them the conjugal partnership is a partnership of female slave and male slave. Hence the saying of the poets — “Tis meet that Greeks should rule barbarians” implying that barbarian and slave are the same in nature. From these two partnerships then is first composed the household, and Hesiod was right when he wrote “First and foremost a house and a wife and an ox for the ploughing” — for the ox serves instead of a servant for the poor. The partnership therefore that comes about in the course of nature for everyday purposes is the'house,' the persons whom Charondas speaks of as'meal-tub-fellows' and the Cretan Epimenides as'manger-fellows.' [1.3] On the other hand the primary partnership made up of several households for the satisfaction of not mere daily needs is the village. The village according to the most natural account seems to be a colony from a household, formed of those whom some people speak of as'fellow-sucklings,' sons and sons' sons. It is owing to this that our cities were at first under royal sway and that foreign races are so still, because they were made up of parts that were under royal rule; for every household is under the royal rule of its eldest member, so that the colonies from the household were so too, because of the kinship of their members. And this is what Homer means: “And each one giveth law To sons and eke to spouses” — for his Cyclopes live in scattered families; and that is the way in which people used to live in early times. Also this explains why all races speak of the gods as ruled by a king, because they themselves too are some of them actually now so ruled and in other cases used to be of old; and as men imagine the gods in human form, so also they suppose their manner of life to be like their own. [1.4] The partnership finally composed of several villages is the city-state; it has at last attained the limit of virtually complete self-sufficiency, and thus, while it comes into existence for the sake of life, it exists for the good life. Hence every city-state exists by nature, inasmuch as the first partnerships so exist; for the city-state is the end of the other partnerships, and nature is an end, since that which each thing is when its growth is completed we speak of as being the nature of each thing, for instance of a man, a horse, a household. Again, the object for which a thing exists, its end, is its chief good;

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    § 1253a and self-sufficiency is an end, and a chief good. From these things therefore it is clear that the city-state is a natural growth, and that man is by nature a political animal, and a man that is by nature and not merely by fortune citiless is either low in the scale of humanity or above it (like the “clanless, lawless, hearthless” man reviled by Homer, for one by nature unsocial is also'a lover of war') inasmuch as he is solitary, like an isolated piece at draughts. And why man is a political animal in a greater measure than any bee or any gregarious animal is clear. For nature, as we declare, does nothing without purpose; and man alone of the animals possesses speech. The mere voice, it is true, can indicate pain and pleasure, and therefore is possessed by the other animals as well (for their nature has been developed so far as to have sensations of what is painful and pleasant and to indicate those sensations to one another), but speech is designed to indicate the advantageous and the harmful, and therefore also the right and the wrong; for it is the special property of man in distinction from the other animals that he alone has perception of good and bad and right and wrong and the other moral qualities, and it is partnership in these things that makes a household and a city-state. [1.5] Thus also the city-state is prior in nature to the household and to each of us individually. For the whole must necessarily be prior to the part; since when the whole body is destroyed, foot or hand will not exist except in an equivocal sense, like the sense in which one speaks of a hand sculptured in stone as a hand; because a hand in those circumstances will be a hand spoiled, and all things are defined by their function and capacity, so that when they are no longer such as to perform their function they must not be said to be the same things, but to bear their names in an equivocal sense. It is clear therefore that the state is also prior by nature to the individual; for if each individual when separate is not self-sufficient, he must be related to the whole state as other parts are to their whole, while a man who is incapable of entering into partnership, or who is so self-sufficing that he has no need to do so, is no part of a state, so that he must be either a lower animal or a god. [1.6] Therefore the impulse to form a partnership of this kind is present in all men by nature; but the man who first united people in such a partnership was the greatest of benefactors. For as man is the best of the animals when perfected, so he is the worst of all when sundered from law and justice. For unrighteousness is most pernicious when possessed of weapons, and man is born possessing weapons for the use of wisdom and virtue, which it is possible to employ entirely for the opposite ends. Hence when devoid of virtue man is the most unholy and savage of animals, and the worst in regard to sexual indulgence and gluttony. Justice on the other hand is an element of the state; for judicial procedure, which means the decision of what is just, is the regulation of the political partnership.

  4. urn:cts:greekLit:tlg0086.tlg035:1253b

    § 1253b [1.7] And now that it is clear what are the component parts of the state, we have first of all to discuss household management; for every state is composed of households. Household management falls into departments corresponding to the parts of which the household in its turn is composed; and the household in its perfect form consists of slaves and freemen. The investigation of everything should begin with its smallest parts, and the primary and smallest parts of the household are master and slave, husband and wife, father and children; we ought therefore to examine the proper constitution and character of each of these three relationships, I mean that of mastership, that of marriage (there is no exact term denoting the relation uniting wife and husband), and thirdly the progenitive relationship (this too has not been designated by a special name). Let us then accept these three relationships that we have mentioned. There is also a department which some people consider the same as household management and others the most important part of it, and the true position of which we shall have to consider: I mean what is called the art of getting wealth. [1.8] Let us begin by discussing the relation of master and slave, in order to observe the facts that have a bearing on practical utility, and also in the hope that we may be able to obtain something better than the notions at present entertained, with a view to a theoretic knowledge of the subject. For some thinkers hold the function of the master to be a definite science, and moreover think that household management, mastership, statesmanship and monarchy are the same thing, as we said at the beginning of the treatise; others however maintain that for one man to be another man's master is contrary to nature, because it is only convention that makes the one a slave and the other a freeman and there is no difference between them by nature, and that therefore it is unjust, for it is based on force. [1.9] Since therefore property is a part of a household and the art of acquiring property a part of household management (for without the necessaries even life, as well as the good life, is impossible), and since, just as for the particular arts it would be necessary for the proper tools to be forthcoming if their work is to be accomplished, so also the manager of a household must have his tools, and of tools some are lifeless and others living (for example, for a helmsman the rudder is a lifeless tool and the look-out man a live tool — for an assistant in the arts belongs to the class of tools), so also an article of property is a tool for the purpose of life, and property generally is a collection of tools, and a slave is a live article of property. And every assistant is as it were a tool that serves for several tools; for if every tool could perform its own work when ordered, or by seeing what to do in advance, like the statues of Daedalus in the story, or the tripods of Hephaestus which the poet says'enter self-moved the company divine,' — if thus shuttles wove and quills played harps of themselves, master-craftsmen would have no need of assistants and masters no need of slaves.

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    § 1254a Now the tools mentioned are instruments of production, whereas an article of property is an instrument of action; for from a shuttle we get something else beside the mere use of the shuttle, but from a garment or a bed we get only their use. And also inasmuch as there is a difference in kind between production and action, and both need tools, it follows that those tools also must possess the same difference. But life is doing things, not making things; hence the slave is an assistant in the class of instruments of action. [1.10] And the term'article of property' is used in the same way as the term'part': a thing that is a part is not only a part of another thing but absolutely belongs to another thing, and so also does an article of property. Hence whereas the master is merely the slave's master and does not belong to the slave, the slave is not merely the slave of the master but wholly belongs to the master. These considerations therefore make clear the nature of the slave and his essential quality: one who is a human being belonging by nature not to himself but to another is by nature a slave, and a person is a human being belonging to another if being a man he is an article of property, and an article of property is an instrument for action separable from its owner. But we must next consider whether or not anyone exists who is by nature of this character, and whether it is advantageous and just for anyone to be a slave, or whether on the contrary all slavery is against nature. And it is not difficult either to discern the answer by theory or to learn it empirically. Authority and subordination are conditions not only inevitable but also expedient; in some cases things are marked out from the moment of birth to rule or to be ruled. And there are many varieties both of rulers and of subjects (and the higher the type of the subjects, the loftier is the nature of the authority exercised over them, for example to control a human being is a higher thing than to tame a wild beast; for the higher the type of the parties to the performance of a function, the higher is the function, and when one party rules and another is ruled, there is a function performed between them) — because in every composite thing, where a plurality of parts, whether continuous or discrete, is combined to make a single common whole, there is always found a ruling and a subject factor, and this characteristic of living things is present in them as an outcome of the whole of nature, since even in things that do not partake of life there is a ruling principle, as in the case of a musical scale. However, this matter perhaps belongs to an investigation lying somewhat outside our subject; but an animal consists primarily of soul and body, of which the former is by nature the ruling and the latter the subject factor. And to discover what is natural we must study it preferably in things that are in a natural state, and not in specimens that are degenerate. Hence in studying man we must consider a man that is in the best possible condition in regard to both body and soul, and in him the principle stated will clearly appear, —

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    § 1254b since in those that are bad or in a bad condition it might be thought that the body often rules the soul because of its vicious and unnatural condition. But to resume — it is in a living creature, as we say, that it is first possible to discern the rule both of master and of statesman the soul rules the body with the sway of a master, the intelligence rules the appetites with that of a statesman or a king and in these examples it is manifest that it is natural and expedient for the body to be governed by the soul and for the emotional part to be governed by the intellect, the part possessing reason, whereas for the two parties to be on an equal footing or in the contrary positions is harmful in all cases. Again, the same holds good between man and the other animals: tame animals are superior in their nature to wild animals, yet for all the former it is advantageous to be ruled by man, since this gives them security. Again, as between the sexes, the male is by nature superior and the female inferior, the male ruler and the female subject. And the same must also necessarily apply in the case of mankind as a whole; therefore all men that differ as widely as the soul does from the body and the human being from the lower animal (and this is the condition of those whose function is the use of the body and from whom this is the best that is forthcoming) these are by nature slaves, for whom to be governed by this kind of authority is advantageous, inasmuch as it is advantageous to the subject things already mentioned. For he is by nature a slave who is capable of belonging to another (and that is why he does so belong), and who participates in reason so far as to apprehend it but not to possess it; for the animals other than man are subservient not to reason, by apprehending it, but to feelings. And also the usefulness of slaves diverges little from that of animals; bodily service for the necessities of life is forthcoming from both, from slaves and from domestic animals alike. The intention of nature therefore is to make the bodies also of freemen and of slaves different — the latter strong for necessary service, the former erect and unserviceable for such occupations, but serviceable for a life of citizenship (and that again divides into the employments of war and those of peace); but as a matter of fact often the very opposite comes about — some persons have the bodies of free men and others the souls; since this is certainly clear, that if persons were born as distinguished only in body as are the statues of the gods, everyone would say that those who were inferior deserved to be these men's slaves. And if this is true in the case of the body, there is far juster reason for this rule being laid down in the case of the soul; but beauty of soul is not so easy to see as beauty of body.

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    § 1255a It is manifest therefore that there are cases of people of whom some are freemen and the others slaves by nature, and for these slavery is an institution both expedient and just. But at the same time it is not difficult to see that those who assert the opposite are also right in a manner. The fact is that the terms'slavery' and'slave' are ambiguous; for there is also such a thing as a slave or a man that is in slavery by law, for the law is a sort of agreement under which the things conquered in war are said to belong to their conquerors. Now this conventional right is arraigned by many jurists just as a statesman is impeached for proposing an unconstitutional measure; they say that it is monstrous if the person powerful enough to use force, and superior in power, is to have the victim of his force as his slave and subject; and even among the learned some hold this view, though others hold the other. But the reason of this dispute and what makes the theories overlap is the fact that in a certain manner virtue when it obtains resources has in fact very great power to use force, and the stronger party always possesses superiority in something that is good, so that it is thought that force cannot be devoid of goodness, but that the dispute is merely about the justice of the matter (for it is due to the one party holding that the justification of authority is good-will, while the other identifies justice with the mere rule of the stronger); because obviously if these theories be separated apart, the other theories have no force or plausibility at all, implying that the superior in goodness has no claim to rule and be master. But some persons, simply clinging, as they think, to principle of justice (for the law is a principle of justice), assert that the enslavement of prisoners of war is just; yet at the same time they deny the assertion, for there is the possibility that wars may be unjust in their origin and one would by no means admit that a man that does not deserve slavery can be really a slave — otherwise we shall have the result that persons reputed of the highest nobility are slaves and the descendants of slaves if they happen to be taken prisoners of war and sold. Therefore they do not mean to assert that Greeks themselves if taken prisoners are slaves, but that barbarians are. Yet when they say this, they are merely seeking for the principles of natural slavery of which we spoke at the outset; for they are compelled to say that there exist certain persons who are essentially slaves everywhere and certain others who are so nowhere. And the same applies also about nobility: our nobles consider themselves noble not only in their own country but everywhere, but they think that barbarian noblemen are only noble in their own country — which implies that there are two kinds of nobility and of freedom, one absolute and the other relative, as Helen says in Theodectes: “But who would dare to call me menial, The scion of a twofold stock divine?” Yet in so speaking they make nothing but virtue and vice the distinction between slave and free, the noble and the base-born;

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    § 1255b for they assume that just as from a man springs a man and from brutes a brute, so also from good parents comes a good son but as a matter of fact nature frequently while intending to do this is unable to bring it about. [1.11] It is clear therefore that there is some reason for this dispute, and that in some instances it is not the case that one set are slaves and the other freemen by nature; and also that in some instances such a distinction does exist, when slavery for the one and mastership for the other are advantageous and just, and it is proper for the one party to be governed and for the other to govern by the form of government for which they are by nature fitted, and therefore by the exercise of mastership, while to govern badly is to govern disadvantageously for both parties (for the same thing is advantageous for a part and for the whole body or the whole soul, and the slave is a part of the master — he is, as it were, a part of the body, alive but yet separated from it; hence there is a certain community of interest and friendship between slave and master in cases when they have been qualified by nature for those positions, although when they do not hold them in that way but by law and by constraint of force the opposite is the case). [1.12] And even from these considerations it is clear that the authority of a master over slaves is not the same as the authority of a magistrate in a republic, nor are all forms of government the same, as some assert. Republican government controls men who are by nature free, the master's authority men who are by nature slaves; and the government of a household is monarchy (since every house is governed by a single ruler), whereas statesmanship is the government of men free and equal. The term'master' therefore denotes the possession not of a certain branch of knowledge but of a certain character, and similarly also the terms'slave' and'freeman.' Yet there might be a science of mastership and a slave's science — the latter being the sort of knowledge that used to be imparted by the professor at Syracuse (for there used to be a man there who for a fee gave lessons to servants in their ordinary duties); and indeed there might be more advanced scientific study of such matters, for instance a science of cookery and the other such kinds of domestic service — for different servants have different functions, some more honorable and some more menial, and as the proverb says, “Slave before slave and master before master.” The slave's sciences then are all the various branches of domestic work; the master's science is the science of employing slaves — for the master's function consists not in acquiring slaves but in employing them. This science however is one of no particular importance or dignity: the master must know how to direct the tasks which the slave must know how to execute. Therefore all people rich enough to be able to avoid personal trouble have a steward who takes this office, while they themselves engage in politics or philosophy. The science of acquiring slaves is different both from their ownership and their direction — that is, the just acquiring of slaves, which is akin to the art of war or that of the chase. Let this then stand as our definition of slave and master.

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    § 1256a But let us follow our normal method and investigate generally the nature of all kinds of property and the art of getting wealth, inasmuch as we saw the slave to be one division of property. In the first place therefore one might raise the question whether the art of getting wealth is the same as that of household management, or a part of it, or subsidiary to it; and if subsidiary, whether it is so in the sense in which the art of making shuttles is subsidiary to the art of weaving or in that in which the art of casting bronze is subsidiary to the making of statues (for the two are not subsidiary in the same way, but shuttle-making supplies tools whereas bronze-founding supplies material — and by material I mean the substance out of which certain work is produced, for example fleeces are material for a weaver and bronze for a statuary). Now it is clear that wealth-getting is not the same art as household management, for the function of the former is to provide and that of the latter to use — for what will be the art that will use the contents of the house if not the art of household management? but whether wealth-getting is a part of the art of household management, or a different sort of science, is open to debate. For if it is the function of the getter of wealth to study the source from which money and property are to be procured,... But property and riches comprise many divisions; hence first of all is husbandry a division of the household art, or is it a different kind of science? and so in general of the superintendence and acquisition of articles of food. But furthermore, there are many sorts of food, owing to which both animals and men have many modes of life; for it is impossible to live without food, so that the differences of food have made the lives of animals different. Among wild animals some are nomadic and others solitary, according to whichever habit is advantageous for their supply of food, because some of them are carnivorous, others graminivorous, and others eat all kinds of food; so that nature has differentiated their modes of life to suit their facilities and their predilection for those articles of food. And as different kinds of animals by nature relish different sorts of food, and not each kind the same, even within the classes of carnivorous and graminivorous animals their modes of life differ from one another. And similarly in the human race also, for there are wide differences of life among mankind. The idlest men are nomads (for to procure food from domesticated animals involves no toil or industry, but as it is necessary for the herds to move from place to place because of the pastures, the people themselves are forced to follow along with them, as though they were farming a live farm). Other men live from hunting, and different people from different kinds of hunting, for instance some from brigandage, others from fishing — these are those that dwell on the banks of lakes, marshes and rivers or of a sea suitable for fishing, — and others live on wild birds and animals. But the largest class of men live from the land and the fruits of cultivation. This then virtually completes the list of the various modes of life, those at least that have their industry sprung from themselves and do not procure their food by barter and trade —

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    § 1256b the lives of the herdsman, the brigand, the fisherman, the hunter, the husband-man. Others also live pleasantly by combining some of these pursuits, supplementing the more deficient life where it happens to fall short in regard to being self-sufficing: for instance, some combine a pastoral life and brigandage, others husbandry and hunting, and similarly with the others — they pass their time in such a combination of pursuits as their need compels. Property of this sort then seems to be bestowed by nature herself upon all, as immediately upon their first coming into existence, so also when they have reached maturity. For even at the original coming into existence of the young some kinds of animals bring forth with them at birth enough sustenance to suffice until the offspring can provide for itself, for example all the species that bear their young in the form of larvae or in eggs. The viviparous species have sustenance for their offspring inside themselves for a certain period, the substance called milk. So that clearly we must suppose that nature also provides for them in a similar way when grown up, and that plants exist for the sake of animals and the other animals for the good of man, the domestic species both for his service and for his food, and if not all at all events most of the wild ones for the sake of his food and of his supplies of other kinds, in order that they may furnish him both with clothing and with other appliances. If therefore nature makes nothing without purpose or in vain, it follows that nature has made all the animals for the sake of men. Hence even the art of war will by nature be in a manner an art of acquisition (for the art of hunting is a part of it) that is properly employed both against wild animals and against such of mankind as though designed by nature for subjection refuse to submit to it, inasmuch as this warfare is by nature just. [1.13] One kind of acquisition therefore in the order of nature is a part of the household art, in accordance with which either there must be forthcoming or else that art must procure to be forthcoming a supply of those goods, capable of accumulation, which are necessary for life and useful for the community of city or household. And it is of these goods that riches in the true sense at all events seem to consist. For the amount of such property sufficient in itself for a good life is not unlimited, as Solon says that it is in the verse “But of riches no bound has been fixed or revealed to men;” for a limit has been fixed, as with the other arts, since no tool belonging to any art is without a limit whether in number or in size, and riches are a collection of tools for the householder and the statesman. Therefore that there is a certain art of acquisition belonging in the order of nature to householders and to statesmen, and for what reason this is so, is clear. But there is another kind of acquisition that is specially called wealth-getting, and that is so called with justice and to this kind it is due that there is thought to be no limit to riches and property.

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    § 1257a Owing to its affinity to the art of acquisition of which we spoke, it is supposed by many people to be one and the same as that; and as a matter of fact, while it is not the same as the acquisition spoken of, it is not far removed from it. One of them is natural, the other is not natural, but carried on rather by means of a certain acquired skill or art. We may take our starting-point for its study from the following consideration: with every article of property there is a double way of using it; both uses are related to the article itself, but not related to it in the same manner — one is peculiar to the thing and the other is not peculiar to it. Take for example a shoe — there is its wear as a shoe and there is its use as an article of exchange; for both are ways of using a shoe, inasmuch as even he that barters a shoe for money or food with the customer that wants a shoe uses it as a shoe, though not for the use peculiar to a shoe, since shoes have not come into existence for the purpose of barter. And the same also holds good about the other articles of property; for all of them have an art of exchange related to them, which began in the first instance from the natural order of things, because men had more than enough of some things and less than enough of others. This consideration also shows that the art of trade is not by nature a part of the art of wealth-getting; for the practice of barter was necessary only so far as to satisfy men's own needs. In the primary association therefore (I mean the household) there is no function for trade, but it only arises after the association has become more numerous. For the members of the primitive household used to share commodities that were all their own, whereas on the contrary a group divided into several households participated also in a number of commodities belonging to their neighbors, according to their needs for which they were forced to make their interchanges by way of barter, as also many barbarian tribes do still; for such tribes do not go beyond exchanging actual commodities for actual commodities, for example giving and taking wine for corn, and so with the various other things of the sort. Exchange on these lines therefore is not contrary to nature, nor is it any branch of the art of wealth-getting, for it existed for the replenishment of natural self-sufficiency; yet out of it the art of business in due course arose. For when they had come to supply themselves more from abroad by importing things in which they were deficient and exporting those of which they had a surplus, the employment of money necessarily came to be devised. For the natural necessaries are not in every case readily portable; hence for the purpose of barter men made a mutual compact to give and accept some substance of such a sort as being itself a useful commodity was easy to handle in use for general life, iron for instance, silver and other metals, at the first stage defined merely by size and weight, but finally also by impressing on it a stamp in order that this might relieve them of having to measure it; for the stamp was put on as a token of the amount.

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    § 1257b So when currency had been now invented as an outcome of the necessary interchange of goods, there came into existence the other form of wealth-getting, trade, which at first no doubt went on in a simple form, but later became more highly organized as experience discovered the sources and methods of exchange that would cause most profit. Hence arises the idea that the art of wealth-getting deals specially with money, and that its function is to be able to discern from what source a large supply can be procured, as this art is supposed to be creative of riches and wealth; indeed riches are often assumed to consist of a quantity of money, because money is the thing with which the art of business and of trade deals. But at other times, on the contrary, it is thought that money is nonsense, and nothing by nature but entirely a convention, because when those who use it have changed the currency it is worth nothing, and because it is of no use for any of the necessary needs of life and a man well supplied with money may often be destitute of the bare necessities of subsistence, yet it is anomalous that wealth should be of such a kind that a man may be well supplied with it and yet die of hunger, like the famous Midas in the legend, when owing to the insatiable covetousness of his prayer all the viands served up to him turned into gold. Hence people seek for a different definition of riches and the art of getting wealth, and rightly; for natural wealth-getting and natural riches are different: natural wealth-getting belongs to household management, whereas the other kind belongs to trade, producing goods not in every way but only by the method of exchanging goods. It is this art of wealth-getting that is thought to be concerned with money, for money is the first principle and limit of commerce. And these riches, that are derived from this art of wealth-getting, are truly unlimited; for just as the art of medicine is without limit in respect of health, and each of the arts is without limit in respect of its end (for they desire to produce that in the highest degree possible), whereas they are not without limit as regards the means to their end (for with all of them the end is a limit to the means), so also this wealth-getting has no limit in respect of its end, and its end is riches and the acquisition of goods in the commercial sense. But the household branch of wealth-getting has a limit, since the acquisition of commercial riches is not the function of household management. Hence from this point of view it appears necessary that there should be a limit to all riches, yet in actual fact we observe that the opposite takes place; for all men engaged in wealth-getting try to increase their money to an unlimited amount. The reason of this is the close affinity of the two branches of the art of business. Their common ground is that the thing that each makes use of is the same; they use the same property, although not in the same way — the one has another end in view, the aim of the other is the increase of the property. Consequently some people suppose that it is the function of household management to increase property, and they are continually under the idea that it is their duty to be either safeguarding their substance in money or increasing it to an unlimited amount. The cause of this state of mind is that their interests are set upon life but not upon the good life;

  13. urn:cts:greekLit:tlg0086.tlg035:1258a

    § 1258a as therefore the desire for life is unlimited, they also desire without limit the means productive of life. And even those who fix their aim on the good life seek the good life as measured by bodily enjoyments, so that inasmuch as this also seems to be found in the possession of property, all their energies are occupied in the business of getting wealth; and owing to this the second kind of the art of wealth-getting has arisen. For as their enjoyment is in excess, they try to discover the art that is productive of enjoyable excess; and if they cannot procure it by the art of wealth-getting, they try to do so by some other means, employing each of the faculties in an unnatural way. For it is not the function of courage to produce wealth, but to inspire daring; nor is it the function of the military art nor of the medical art, but it belongs to the former to bring victory and to the latter to cause health. Yet these people make all these faculties means for the business of providing wealth, in the belief that wealth is the end and that everything must be directed to the end. [1.14] We have therefore discussed both the unnecessary branch of wealth-getting, defining it and also explaining the cause why we require it, and the necessary branch, showing that this branch which has to do with food is different from the unnecessary branch and is by nature a part of household management, not being like that branch unlimited but having a limit. And we can also see the answer to the question raised at the beginning, whether the art of wealth-getting belongs to the householder and the statesman, or whether on the contrary supplies ought to be provided already (for just as statesmanship does not create human beings but having received them from nature makes use of them, so also it is necessary for nature to bestow food by bestowing land or sea or something else), and the task of the householder is, starting with these supplies given, to dispose of them in the proper way. For it does not belong to the art of weaving to make fleeces, but to use them, and also to know what sort of fleece is good and suitable or bad and unsuitable. In fact the question might be raised, why the getting of wealth is a part of the household art whereas the art of medicine is not a part of it, although the members of the household ought to be healthy, just as they must be alive or fulfil any of the other essential conditions. But inasmuch as although in a way it does belong to the householder and the ruler to see even to health, yet in a way it does not belong to them but to the physician, so also with regard to wealth, although in a way it is the affair of the house-holder, in a way it is not, but is a matter for the subsidiary art. But best of all, as has been said before, this provision ought to be made in advance by nature. For it is the work of nature to supply nourishment for her offspring, since every creature has for nourishment the residue of the substance from which it springs. Hence the business of drawing provision from the fruits of the soil and from animals is natural to all. But, as we said, this art is twofold, one branch being of the nature of trade while the other belongs to the household art; and the latter branch is necessary and in good esteem, but the branch connected with exchange is justly discredited

  14. urn:cts:greekLit:tlg0086.tlg035:1258b

    § 1258b (for it is not in accordance with nature, but involves men's taking things from one another). As this is so, usury is most reasonably hated, because its gain comes from money itself and not from that for the sake of which money was invented. For money was brought into existence for the purpose of exchange, but interest increases the amount of the money itself (and this is the actual origin of the Greek word: offspring resembles parent, and interest is money born of money); consequently this form of the business of getting wealth is of all forms the most contrary to nature. And since we have adequately defined the scientific side of the subject, we ought to discuss it from the point of view of practice; although, whereas the theory of such matters is a liberal study, the practical pursuit of them is narrowing. The practically useful branches of the art of wealth-getting are first, an expert knowledge of stock, what breeds are most profitable and in what localities and under what conditions, for instance what particular stock in horses or cattle or sheep, and similarly of the other animals also (for the farmer must be an expert as to which of these animals are most profitable compared with one another, and also as to what breeds are most profitable on what sorts of land, since different breeds flourish in different places); secondly, the subject of agriculture, and this again is divided into corn-growing and fruit-farming; also bee -keeping, and the breeding of the other creatures finned and feathered which can be used to furnish supplies. These then are the branches and primary parts of wealth-getting in the most proper sense. Of the kind that deals with exchange, the largest branch is commerce (which has three departments, ship-owning, transport and marketing: these departments differ from each other in the fact that some are safer and others carry larger profits); the second branch is money-lending, and the third labor for hire, one department of which is that of the mechanic arts and the other that of unskilled laborers who are useful only for bodily service. And there is a third form of wealth-getting that lies between the latter and the one placed first, since it possesses mediate an element both of natural wealth-getting and of the sort that employs exchange; it deals with all the commodities that are obtained from the earth and from those fruitless but useful things that come from the earth — examples are the felling of timber and all sorts of mining; and of mining itself there are many classes, since there are many sorts of metals obtained out of the earth. The most scientific of these industries are those which involve the smallest element of chance, the most mechanic those in which the operatives undergo the greatest amount of bodily degradation, the most servile those in which the most uses are made of the body, and the most ignoble those in which there is the least requirement of virtue as an accessory. But while we have even now given a general description of these various branches, yet a detailed and particular account of them, though useful for the practice of the industries, would be illiberal as a subject of prolonged study. There are books on these subjects by certain authors, for example Charetides of Paros

  15. urn:cts:greekLit:tlg0086.tlg035:1259a

    § 1259a and Apollodorus of Lemnos have written about both agriculture and fruit-farming, and similarly others also on other topics, so these subjects may be studied from these authors by anybody concerned to do so; but in addition a collection ought also to be made of the scattered accounts of methods that have brought success in business to certain individuals. All these methods are serviceable for those who value wealth-getting, for example the plan of Thales of Miletus, which is a device for the business of getting wealth, but which, though it is attributed to him because of his wisdom, is really of universal application. Thales, so the story goes, because of his poverty was taunted with the uselessness of philosophy; but from his knowledge of astronomy he had observed while it was still winter that there was going to be a large crop of olives, so he raised a small sum of money and paid round deposits for the whole of the olive-presses in Miletus and Chios, which he hired at a low rent as nobody was running him up; and when the season arrived, there was a sudden demand for a number of presses at the same time, and by letting them out on what terms he liked he realized a large sum of money, so proving that it is easy for philosophers to be rich if they choose, but this is not what they care about. Thales then is reported to have thus displayed his wisdom, but as a matter of fact this device of taking an opportunity to secure a monopoly is a universal principle of business; hence even some states have recourse to this plan as a method of raising revenue when short of funds: they introduce a monopoly of marketable goods. There was a man in Sicily who used a sum of money deposited with him to buy up all the iron from the iron mines, and afterwards when the dealers came from the trading-centers he was the only seller, though he did not greatly raise the price, but all the same he made a profit of a hundred talents on his capital of fifty. When Dionysius came to know of it he ordered the man to take his money with him but clear out of Syracuse on the spot, since he was inventing means of profit detrimental to the tyrant's own affairs. Yet really this device is the same as the discovery of Thales, for both men alike contrived to secure themselves a monopoly. An acquaintance with these devices is also serviceable for statesmen, for many states need financial aid and modes of revenue like those described, just as a household may, but in greater degree; hence some statesmen even devote their political activity exclusively to finance. And since, as we saw, the science of household management has three divisions, one the relation of master to slave, of which we have spoken before, one the paternal relation, and the third the conjugal — for it is a part of the household science to rule over wife and children (over both as over freemen, yet not with the same mode of government, but over the wife to exercise republican government and over the children monarchical);

  16. urn:cts:greekLit:tlg0086.tlg035:1259b

    § 1259b for the male is by nature better fitted to command than the female (except in some cases where their union has been formed contrary to nature) and the older and fully developed person than the younger and immature. It is true that in most cases of republican government the ruler and the ruled interchange in turn (for they tend to be on in equal level in their nature and to have no difference at all), although nevertheless during the period when one is ruler and the other ruled they seek to have a distinction by means of insignia and titles and honors, just as Amasis made his speech about the foot-bath; but the male stands in this relationship to the female continuously. The rule of the father over the children on the other hand is that of a king; for the male parent is the ruler in virtue both of affection and of seniority, which is characteristic of royal government (and therefore Homer finely designated Zeus by the words “father of men and gods,” as the king of them all). For though in nature the king must be superior, in race he should be the same as his subjects, and this is the position of the elder in relation to the younger and of the father in relation to the child. It is clear then that household management takes more interest in the human members of the household than in its inanimate property, and in the excellence of these than in that of its property, which we style riches, and more in that of its free members than in that of slaves. [1.15] First of all then as to slaves the difficulty might be raised, does a slave possess any other excellence, besides his merits as a tool and a servant, more valuable than these, for instance temperance, have the courage, justice and any of the other moral virtues, or has he no excellence beside his bodily service? For either way there is difficulty; if slaves do possess moral virtue, wherein will they differ from freemen? or if they do not, this is strange, as they are human beings and participate in reason. And nearly the same is the question also raised about the woman and the child: have they too virtues, and ought a woman to be temperate, brave and just, and can a child be intemperate or temperate, or not? This point therefore requires general consideration in relation to natural ruler and subject: is virtue the same for ruler and ruled, or different? If it is proper for both to partake in nobility of character, how could it be proper for the one to rule and the other to be ruled unconditionally? we cannot say that the difference is to be one of degree, for ruling and being ruled differ in kind, and difference of degree is not a difference in kind at all. Whereas if on the contrary it is proper for the one to have moral nobility but not for the other, this is surprising. For if the ruler is not temperate and just, how will he rule well? And if the ruled, how will he obey well?

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    § 1260a If intemperate and cowardly he will not perform any of the duties of his position. It is evident therefore that both must possess virtue, but that there are differences in their virtue (as also there are differences between those who are by nature ruled). And of this we straightway find an indication in connection with the soul; for the soul by nature contains a part that rules and a part that is ruled, to which we assign different virtues, that is, the virtue of the rational and that of the irrational. It is clear then that the case is the same also with the other instances of ruler and ruled. Hence there are by nature various classes of rulers and ruled. For the free rules the slave, the male the female, and the man the child in a different way. And all possess the various parts of the soul, but possess them in different ways; for the slave has not got the deliberative part at all, and the female has it, but without full authority, while the child has it, but in an undeveloped form. Hence the ruler must possess intellectual virtue in completeness (for any work, taken absolutely, belongs to the master-craftsman, and rational principle is a master-craftsman); while each of the other parties must have that share of this virtue which is appropriate to them. We must suppose therefore that the same necessarily holds good of the moral virtues: all must partake of them, but not in the same way, but in such measure as is proper to each in relation to his own function. Hence it is manifest that all the persons mentioned have a moral virtue of their own, and that the temperance of a woman and that of a man are not the same, nor their courage and justice, as Socrates thought, but the one is the courage of command, and the other that of subordination, and the case is similar with the other virtues. And this is also clear when we examine the matter more in detail, for it is misleading to give a general definition of virtue, as some do, who say that virtue is being in good condition as regards the soul or acting uprightly or the like; those who enumerate the virtues of different persons separately, as Gorgias does, are much more correct than those who define virtue in that way. Hence we must hold that all of these persons have their appropriate virtues, as the poet said of woman: “Silence gives grace to woman” — though that is not the case likewise with a man. Also the child is not completely developed, so that manifestly his virtue also is not personal to himself, but relative to the fully developed being, that is, the person in authority over him. And similarly the slave's virtue also is in relation to the master. [1.16] And we laid it down that the slave is serviceable for the mere necessaries of life, so that clearly he needs only a small amount of virtue, in fact just enough to prevent him from failing in his tasks owing to intemperance and cowardice. (But the question might be raised, supposing that what has just been said is true, will artisans also need to have virtue? for they frequently fall short in their tasks owing to intemperance. Or is their case entirely different? For the slave is a partner in his master's life, but the artisan is more remote, and only so much of virtue falls to his share as of slavery —

  18. urn:cts:greekLit:tlg0086.tlg035:1260b

    § 1260b for the mechanic artisan is under a sort of limited slavery, and whereas the slave is one of the natural classes, no shoemaker or other craftsman belongs to his trade by nature.) It is manifest therefore that the master ought to be the cause to the slave of the virtue proper to a slave, but not as possessing that art of mastership which teaches a slave his tasks. Hence those persons are mistaken who deprive the slave of reasoning and tell us to use command only; for admonition is more properly employed with slaves than with children. [1.17] But on these subjects let us conclude our decisions in this manner; while the question of the virtue severally belonging to man and woman and children and father, and of the right and wrong mode of conducting their mutual intercourse and the proper way of pursuing the good mode and avoiding the bad one, are matters that it will be necessary to follow up in the part of our treatise dealing with the various forms of constitution. For since every household is part of a state, and these relationships are part of the household, and the excellence of the part must have regard to that of the whole, it is necessary that the education both of the children and of the women should be carried on with a regard to the form of the constitution, if it makes any difference as regards the goodness of the state for the children and the women to be good. And it must necessarily make a difference; for the women are a half of the free population, and the children grow up to be the partners in the government of the state. So that as these questions have been decided, and those that remain must be discussed elsewhere, let us relinquish the present subjects as completed, and make a fresh start in our discourse, and first let us consider those thinkers who have advanced views about the Ideal State.

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    § 1260b Book 2 And since we take for our special consideration the study of the form of political community that is the best of all the forms for a people able to pursue the most ideal mode of life, we must also examine the other constitutions actually employed by certain of the states said to be well governed, as well as any others propounded by certain thinkers and reputed to be of merit, in order that we may discern what there is in them that is right and expedient, and also in order that it may not be thought that to seek for something different from them springs entirely from a desire to display ingenuity, but that we may be thought to enter upon this inquiry because these forms of constitution that already exist are not satisfactory. [2.2] We must first adopt as a starting-point that which is the natural point of departure for this inquiry. There are three possible systems of property: either all the citizens must own everything in common, or they must own nothing in common, or some things must be common property and others not. To have nothing in common is clearly impossible for the state is essentially a form of community, and to begin with there is bound to be a common locality: a single city occupies a single site, and the single city belongs to its citizens in common.

  20. urn:cts:greekLit:tlg0086.tlg035:1261a

    § 1261a But is it better for a city that is to be well ordered to have community in everything which can possibly be made common property, or is it better to have some things in common and others not? For example, it is possible for the citizens to have children, wives and possessions in common with each other, as in Plato's Republic, in which Socrates says that there must be community of children, women and possessions. Well then, which is preferable, the system that now obtains, or one conforming with the regulation described in the Republic? Now for all the citizens to have their wives in common involves a variety of difficulties; in particular, (1) the object which Socrates advances as the reason why this enactment should be made clearly does not follow from his arguments; also (2) as a means to the end which he asserts should be the fundamental object of the city, the scheme as actually set forth in the dialogue is not practicable; yet (3) how it is to be further worked out has been nowhere definitely stated. I refer to the ideal of the fullest possible unity of the entire state, which Socrates takes as his fundamental principle. [2.3] Yet it is clear that if the process of unification advances beyond a certain point, the city will not be a city at all for a state essentially consists of a multitude of persons, and if its unification is carried beyond a certain point, city will be reduced to family and family to individual, for we should pronounce the family to be a more complete unity than the city, and the single person than the family; so that even if any lawgiver were able to unify the state, he must not do so, for he will destroy it in the process. And not only does a city consist of a multitude of human beings, it consists of human beings differing in kind. A collection of persons all alike does not constitute a state. For a city is not the same thing as a league; a league is of value by its quantity, even though it is art the same in kind (since the essential object of the league is military strength), just as a weight would be worth more if it weighed more, whereas components which are to make up a unity must differ in kind (and it is by this characteristic that a city will also surpass a tribe of which the population is not scattered among villages but organized like the Arcadians ). Hence reciprocal equality is the preservative of states, as has been said before in the Ethics. For even among the free and equal this principle must necessarily obtain, since all cannot govern at once: they must hold office for a year at a time or by some other arrangement or period; and in this manner it does actually come about that all govern, just as all shoemakers would be also carpenters if the shoemakers and the carpenters kept on changing trades instead of the same persons being shoemakers and carpenters always. But since such permanence of function is better for the political community also, it is clear that it is better for the same persons to govern always, if possible; and among peoples where it is impossible because all the citizens are equal in their nature,

  21. urn:cts:greekLit:tlg0086.tlg035:1261b

    § 1261b yet at the same time it is only just, whether governing is a good thing or a bad, that all should partake in it, and for equals thus to submit to authority in turn imitates their being originally dissimilar; for some govern and others are governed by turn, as though becoming other persons; and also similarly when they hold office the holders of different offices are different persons. It is clear then from these considerations that it is not an outcome of nature for the state to be a unity in the manner in which certain persons say that it is, and that what has been said to be the greatest good in states really destroys states; yet surely a thing's particular good acts as its preservative. — Another line of consideration also shows that to seek to unify the state excessively is not beneficial. In point of self-sufficiency the individual is surpassed by the family and the family by the state, and in principle a state is fully realized only when it comes to pass that the community of numbers is self-sufficing; if therefore the more self-sufficing a community is, the more desirable is its condition, then a less degree of unity is more desirable than a greater. [2.4] Again, even granting that it is best for the community to be as complete a unity as possible, complete unity does not seem to be proved by the formula'if all the citizens say “Mine” and “Not mine” at the same time,' which Socrates thinks to be a sign of the city's being completely one.'All' is an ambiguous term. If it means'each severally,' very likely this would more fully realize the state of things which Socrates wishes to produce (for in that case every citizen will call the same boy his son and also the same woman his wife, and will speak in the same way of property and indeed of each of the accessories of life) but ex hypothesi the citizens, having community of women and children, will not call them'theirs' in this sense, but will mean theirs collectively and not severally, and similarly they will call property'theirs' meaning the property of them all, not of each of them severally. We see then that the phrase'all say' is equivocal (in fact the words'all,''both,''odd,''even,' owing to their ambiguity, occasion argumentative quibbling even in philosophical discussions); hence really for all to say the same thing is in one sense admirable, although impracticable, but in another sense is not at all a sign of concord. And furthermore, the proposal has another disadvantage. Property that is common to the greatest number of owners receives the least attention; men care most for their private possessions, and for what they own in common less, or only so far as it falls to their own individual share for in addition to the other reasons, they think less of it on the ground that someone else is thinking about it, just as in household service a large number of domestics sometimes give worse attendance than a smaller number. And it results in each citizen's having a thousand sons, and these do not belong to them as individuals but any child is equally the son of anyone, so that all alike will regard them with indifference.

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    § 1262a [2.5] Again, each speaks of one of his fellow-citizens who is prospering or getting on badly as'my son' only in the sense of the fractional part which he forms of the whole number — that is, he says'my son' or'so-and-so's son,' specifying as the father any individual of the thousand citizens or whatever the number be of which the state consists, and even this dubiously, for it is uncertain who has chanced to have had a son born to him and when born safely reared. Yet which is the better way to use the word'mine' — this way, each of two thousand or ten thousand people applying it to the same thing, or rather the way in which they say'mine' in the actual states now? for the same person is called'my son' by one man and'my brother' by another, and another calls him'nephew,' or by some other relationship, whether of blood or by affinity and marriage, the speaker's own in the first place, or that of his relations; and in addition someone else calls him'fellow-clansman' or'fellow-tribesman.' For it is better for a boy to be one's own private nephew than one's son in the way described. Moreover it would also be impossible to avoid men's supposing certain persons to be their real brothers and sons and fathers and mothers; for they would be bound to form their belief about each other by the resemblances which occur between children and parents. This indeed is said by some of those who write of travels round the world actually to occur; they say that some of the people of Upper Libya have their wives in common, yet the children born are divided among them according to their personal resemblances. And there are some females both of the human race and of the other animals, for instance horses and cattle, who have a strong natural tendency to produce off-spring resembling the male parents, as was the case with the mare at Pharsalus named Honest Lady. [2.6] Moreover it is not easy for those who institute this communism to guard against such objectionable occurrences as outrage, involuntary and in some cases voluntary homicide, fights, abusive language; all of which are violations of piety when committed against fathers, mothers and near relatives as if they were not relatives; but these are bound to occur more frequently when people do not know their relations than when they do, and also, when they do occur, if the offenders know their relationship it is possible for them to have the customary expiations performed, but for those who do not no expiation is possible. Also it is curious that a theorist who makes the sons common property only debars lovers from intercourse and does not prohibit love, nor the other familiarities, which between father and son or brother and brother are most unseemly, since even the fact of love between them is unseemly. And it is also strange that he deprives them of intercourse for no other reason except because the pleasure is too violent; and that he thinks it makes no difference that the parties are in the one case father or son and in the other case brothers of one another. And it seems that this community of wives and sons is more serviceable for the Farmer class than for the Guardians;

  23. urn:cts:greekLit:tlg0086.tlg035:1262b

    § 1262b for there will be less friendship among them if their children and women are in common, and unfriendliness in the subject classes is a good thing with a view to their being submissive to authority and not making revolution. But speaking generally such a law is bound to bring about the opposite state of things to that which rightly enacted laws ought properly to cause, and because of which Socrates thinks it necessary to make these regulations about the children and women. For we think that friendship is the greatest of blessings for the state, since it is the best safeguard against revolution, and the unity of the state, which Socrates praises most highly, both appears to be and is said by him to be the effect of friendship, just as we know that Aristophanes in the discourses on love describes how the lovers owing to their extreme affection desire to grow together and both become one instead of being two. In such a union it would be inevitable that both would be spoiled, or at least one, and in the state friendship would inevitably become watery in consequence of such association, and the expressions'my father' and'my son' would quite go out. For just as putting a little sugar into a quantity of water makes the mixture imperceptible, so it also must come about that the mutual relationship based on these names must become imperceptible, since in the republic described by Plato there will be the least possible necessity for people to care for one another as father for sons or as son for father or as brother for brother. For there are two things that most cause men to care for and to love each other, the sense of ownership and the sense of preciousness; and neither motive can be present with the citizens of a state so constituted. Again, as to the transference of some of the children at birth from the Farmers and Artisans to the Guardians and of others from the Guardians to the Farmers and Artisans, there is much confusion as to how it is to be done; and the parents who give the children and the officials who transfer them are bound to know which they give to whom. And again, the things spoken of above are bound to occur even more with these transferred children, such as outrage, love-making and murder; for the children of the Guardians transferred to the other citizens will no longer speak of the Guardians as brothers and children and fathers and mothers, nor yet will those living among the Guardians so speak of the other classes, so as to be careful not to commit any such offence because of their relationship. Such therefore may be our decision as to community of children and women. [2.7] In connection with this we have to consider the due regulation of property in a community that is to have the best political institutions: should property be owned in common or privately? This question might indeed be considered separately from the system laid down by law with regard to the children and the women:

  24. urn:cts:greekLit:tlg0086.tlg035:1263a

    § 1263a I mean, even if there be separate families as is now the case with all nations, is it better for both the ownership and the employment of property to be in common..., for example, should the farms be separate property but the farm-produce be brought into the common stock for consumption (as is the practice with some non-Greek races); or on the contrary should the land be common and farmed in common, but the produce be divided for private use (and this form of communism also is said to prevail among some of the barbarians); or should both farms and produce be common property? Now if the tillers of the soil be of a different class there might be another and easier system, but if the citizens do the work for themselves, the regulations for the common ownership of property would give more causes for discontent; for if both in the enjoyment of the produce and in the work of production they prove not equal but unequal, complaints are bound to arise between those who enjoy or take much but work little and those who take less but work more. And in general to live together and share all our human affairs is difficult, and especially to share such things as these. And this is shown in the partnerships of fellow-travellers, for almost the greatest number of them quarrel because they come into collision with one another as a result of ordinary matters and trifles; and also we come into collision most with those of our servants whom we employ most often for ordinary attendance. Community of property therefore involves these and other similar difficulties; and the present system, if further improved by good morals and by the regulation of correct legislation, would be greatly superior. For it will possess the merit of both systems, by which I mean the advantage of property being common and the advantage of its being private. For property ought to be common in a sense but private speaking absolutely. For the superintendence of properties being divided among the owners will not cause these mutual complaints, and will improve the more because each will apply himself to it as to private business of his own; while on the other hand virtue will be exercised to make'friends' goods common goods,' as the proverb goes, for the purpose of use. Such a system exists even now in outline in some states, showing that it is not impracticable, and especially in the ones that are well-administered parts of it are realized already and parts might be realized; for individuals while owning their property privately put their own possessions at the service of their friends and make use of their friends' possessions as common property; for instance in Sparta people use one another's slaves as virtually their own, as well as horses and hounds, and also use the produce in the fields throughout the country if they need provisions on a journey. It is clear therefore that it is better for possessions to be privately owned, but to make them common property in use; and to train the citizens to this is the special task of the legislator. And moreover to feel that a thing is one's private property makes an inexpressibly great difference for pleasure; for the universal feeling of love for oneself is surely not purposeless, but a natural instinct.

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    § 1263b Selfishness on the other hand is justly blamed; but this is not to love oneself but to love oneself more than one ought, just as covetousness means loving money to excess — since some love of self, money and so on is practically universal. Moreover, to bestow favors and assistance on friends or visitors or comrades is a great pleasure, and a condition of this is the private ownership of property. These advantages therefore do not come to those who carry the unification of the state too far; and in addition to this they manifestly do away with the practice of two virtues, temperance in relation to women (for it is a noble deed to refrain from one through temperance when she belongs to another) and liberality in relation to possessions (for one will not be able to display liberality nor perform a single liberal action, since the active exercise of liberality takes place in the use of possessions). [2.8] Such legislation therefore has an attractive appearance, and might be thought to be humane; for he who is told about it welcomes it with gladness, thinking that it will result in a marvellous friendliness of everybody towards everybody, especially when somebody denounces the evils at present existing in states as due to the fact that wealth is not owned in common — I mean lawsuits between citizens about breach of contract, and trials for perjury, and the flattery of the rich. But the real cause of all these evils is not the absence of communism, but wickedness, since we see far more quarrels occurring among those who own or use property in common than among those who have their estates separate; but we notice that those who quarrel as a result of their partnerships are few when compared with the total number of private owners. And again it is just to state not only all the evils that men will lose by adopting communism, but also all the good things; and life in such circumstances is seen to be utterly impossible. The cause of Socrates' error must be deemed to be that his fundamental assumption was incorrect. It is certain that in a way both the household and the state should be a unit, but they should not be so in every way. For in one way the state as its unification proceeds will cease to be a state, and in another way, though it continues a state, yet by coming near to ceasing to be one it will be a worse state, just as if one turned a harmony into unison or a rhythm into a single foot. The proper thing is for the state, while being a multitude, to be made a partnership and a unity by means of education, as has been said before and it is strange that the very philosopher who intends to introduce a system of education and thinks that this will make the city morally good should fancy that he can regulate society by such measures as have been mentioned instead of by manners and culture and laws, just as the legislator introduced community of property in Sparta and Crete by the institution of public messes.

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    § 1264a And this very point also must not be ignored, that attention must be paid to length of time and to the long period of years, in which it would not have escaped notice if these measures were good ones; for nearly all of them have been discovered already, although some of them have not been collected together and others though brought to knowledge are not put into practice. And their value would become most manifest if one could see such a constitution in actual process of formation; for one will only be able to construct Plato's state by introducing its partitions and dividing up the community into common messes and also into brotherhoods and tribes. So that in the upshot no other regulation will have been enacted except the exemption of the Guardians from the work of agriculture, which is a measure that even now the Spartans attempt to introduce. [2.9] Moreover, the working of the constitution as a whole in regard to the members of the state has also not been described by Socrates, nor is it easy to say what it will be. Yet the general mass of the citizens of the other classes make almost the bulk of the state, and about these no definite regulations are laid down, as to whether the Farmers also are to have their property in common or to hold it in private ownership, and also whether community of wives and children is to apply to them or not. For if the Farmers are to have the same complete communism, what will be the difference between them and the Guardian class? or what advantage will they gain by submitting to their government? or what consideration will induce them to submit to the government, unless the Guardians adopt some clever device like that of the Cretans? These have conceded to their slaves all the same rights as they have themselves except that they are forbidden gymnastic exercises and the possession of arms. But if the family life and property of the Farmers are to be such as they are in other states, what sort of communism will there be? For there will inevitably be two states in one, and these antagonistic to one another. For Socrates makes the Guardians a sort of garrison, while the Farmers, Artisans and other classes are the citizens. But quarrels and lawsuits and all the other evils which according to Socrates exist in actual states will all be found among his citizens too. Yet he says that owing to their education they will not need many regulations such as city and market by-laws and the other regulations of that sort, although he assigns his education only to the Guardians. Again, he makes the Farmers the masters of the estates, for which they pay rent; but they are likely to be far more unmanageable and rebellious than the classes of helots, serfs and slaves in certain states today. However, whether this communism is to be compulsory for the Farmers in the same way as for the Guardians or whether it is not, has as a matter of fact not been definitely stated anywhere, nor is there any information about the connected questions, what are to be the political functions and the education of the lower classes, and the laws affecting them. But it is not easy to discover the answers to these questions, yet the character of the lower classes is of no small importance for the preservation of the community of the Guardians.

  27. urn:cts:greekLit:tlg0086.tlg035:1264b

    § 1264b But again, if Socrates intends to make the Farmers have their wives in common but their property private, who is to manage the household in the way in which the women's husbands will carry on the work of the farms? And if the property and the wives of the Farmers are to be common... [2.10] It is also strange that Socrates employs the comparison of the lower animals to show that the women are to have the same occupations as the men, considering that animals have no households to manage. Also Socrates' method of appointing the magistrates is not a safe one. For he makes the same persons hold office always; but this occasions rebellion even among people of no special distinction, much more so then among high-spirited and warlike men. But it is clear that he is compelled to make the same persons govern always, for the god-given admixture of gold in the soul is not bestowed on some at one time and others at another time, but is always in the same men, and Socrates says that at the moment of birth some men receive an admixture of gold and others of silver and those who are to be the Artisans and Farmers an admixture of copper and iron. And again, although he deprives the Guardians of happiness, he says that it is the duty of the law-giver to make the whole city happy. But it is not possible for the whole to be happy unless most or all of its parts, or some of them, possess happiness. For happiness is not a thing of the same sort as being an even number: that may belong to a whole but not to either of its parts, but happiness cannot belong to the whole and not to its parts. But yet, if the Guardians are not happy, what other class is? For clearly the Artisans and the general mass of the vulgar classes are not. [2.11] The Republic discussed by Socrates therefore possesses these difficulties and also others not smaller than these. And almost the same holds good of the Laws also, which was written later, so that it will be advantageous to make some small examination of the constitution described in that book as well. For in the Republic Socrates has laid down details about very few matters — regulations about community of wives and children and about property, and the structure of the constitution (for the mass of the population is divided into two parts, one forming the Farmer class and the other the class that defends the state in war, and there is a third class drawn from these latter that forms the council and governs the state), but about the Farmers and the Artisans, whether they are excluded from government or have some part in it, and whether these classes also are to possess arms and to serve in war with the others or not, on these points Socrates has made no decision, but though he thinks that the women ought to serve in war with the Guardians and share the same education, the rest of the discourse he has filled up with external topics, and about the sort of education which it is proper for the Guardians to have.

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    § 1265a But though the Lawsconsists for the most part of a treatise on law, the author has said a little about the form of the constitution, and in a desire to make this more suitable for adoption by actual states he brings it round by degrees back to the other form, that of the Republic. For except community in wives and property, he assigns all his other regulations in the same form to both states, for he prescribes for both the same scheme of education, and a life detached from menial tasks, and similarly as regards common meals, except that in the state described in the Laws he says there are to be common meals for women also, and he makes the Republic consist of a class possessing arms that numbers a thousand, but the state of the Laws has five thousand. [2.12] Now it is true that all the discourses of Socrates possess brilliance, cleverness, originality and keenness of inquiry, but it is no doubt difficult to be right about everything: for instance with regard to the size of population just mentioned it must not be over-looked that a territory as large as that of Babylon will be needed for so many inhabitants, or some other country of unlimited extent, to support five thousand men in idleness and another swarm of women and servants around them many times as numerous. It is proper no doubt to assume ideal conditions, but not to go beyond all bounds of possibility. And it is said that in laying down the laws the legislator must have his attention fixed on two things, the territory and the population. But also it would be well to add that he must take into account the neighboring regions also, if the city is to live a life of politics (for it is necessary for it to use for war not only such arms as are serviceable within its own territory but also such as are serviceable against places outside it); and if one does not accept such a description whether for the life of the individual or for the common life of the state, yet it is none the less necessary for the citizens to be formidable to their enemies not only when they have entered the country but also when they have left it. Also the amount of property requires consideration: would it not perhaps be better to define it differently, by a clearer formula? The writer says that it ought to be sufficiently large for the citizens'to live a temperate life' — as if one were to say'to live a good life'; but really that phrase is too general, since it is possible to live temperately yet miserably. But a better definition would be'to live temperately and liberally' (for if the two are separated a liberal mode of life is liable to slip into luxury and a temperate one into a life of hardship), since surely these are the only desirable qualities relating to the use of wealth — for instance you cannot use wealth gently or bravely, but you can use it temperately and liberally, so that it follows that these are qualities that have to do with wealth. And it is also strange that although equalizing properties the writer does not regulate the number of the citizens, but leaves the birth-rate uncontrolled, on the assumption that it will be sufficiently levelled up to the same total owing to childless marriages, however many children are begotten,

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    § 1265b because this seems to take place in the states at present. But this ought to be regulated much more in the supposed case than it is now, for now nobody is destitute, because estates are divided among any number, but then, as division of estates will not be allowed, the extra children will necessarily have nothing, whether they are fewer in number or more. And one might think that restriction ought to be put on the birth-rate rather than on property, so as not to allow more than a certain number of children to be produced, and that in fixing their number consideration should be paid to the chances of its happening that some of the children born may die, and to the absence of children in the other marriages; but for the matter to be left alone, as it is in most states, is bound to lead to poverty among the citizens, and poverty produces sedition and crime. The Corinthian Phidon in fact, one of the most ancient lawgivers, thought that the house-holds and the citizen population ought to remain at the same numbers, even though at the outset the estates of all were unequal in size; but in Plato's Laws the opposite is the case. However, we must say later what we think would be a better system in these matters; but another question omitted in the Laws is how the rulers will be different from the classes ruled; the writer prescribes that the rulers are to stand in the same relation to the ruled as the warp of cloth stands to the woof by being made of different wool. And inasmuch as he allows a man's total property to be increased up to five times its original value, for what reason should not an increase in his landed estate be allowed up to a certain point? Also it must be considered whether the proposed separation of homesteads is not inexpedient for household economy — for the writer allotted two homesteads separate from one another to each citizen; but it is difficult to manage two households. And the whole constitution is intended, it is true, to be neither a democracy nor an oligarchy, but of the form intermediate between them which is termed a republic, for the government is constituted from the class that bears arms. If therefore he introduces this constitution as the one most commonly existing of all forms of constitution in the actual states, he has perhaps made a good proposal, but if he introduces it as the next best to the first form of constitution, it is not a good proposal; for very likely one might approve the Spartan constitution more highly, or perhaps some other form nearer to an aristocracy. In fact some people assert that the best constitution must be a combination of all the forms of constitution, and therefore praise the constitution of Sparta (for some people say that it consists of oligarchy, monarchy and democracy, meaning that the kingship is monarchy and the rule of the ephors oligarchy, but that an element of democracy is introduced by the rule of the ephors because the ephors come from the common people; while others pronounce the ephorate a tyranny but find an element of democracy in the public mess-tables and in the other regulations of daily life).

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    § 1266a In Plato's Laws on the other hand it is stated that the best constitution must consist of a combination of democracy and tyranny, which one might refuse to count as constitutional governments at all, or else rank as the worst of all constitutions. A better theory therefore is put forward by those who intermingle a larger number of forms, for the constitution composed of a combination of a larger number of forms is better. In the next place, the constitution in the Laws proves as a matter of fact not to contain any element of monarchy at all, but its factors are taken from oligarchy and democracy, and for the most part it tends to incline towards oligarchy. This appears from the regulations for the appointment of the magistrates; for their selection by lot from a list previously elected by vote is a feature common to both oligarchy and democracy, but the compulsion put upon the richer citizens to attend the assembly and vote for magistrates or perform any other political function, while the others are allowed to do as they like, is oligarchical, as is the endeavor to secure that a majority of the magistrates shall be drawn from the wealthy and that the highest offices shall be filled from the highest of the classes assessed by wealth. But the writer also makes the election of the council oligarchical for everybody is compelled to elect, but from the first property-class, and then again an equal number from the second class, and then from the members of the third class, except that it was not to be compulsory for all to vote for those to be elected from the members of the third or the fourth class, and to elect from the fourth class was only compulsory for the members of the first and second classes; and afterwards from those thus selected he says that they are to appoint an equal number from each class. Thus those who elect the members from the highest property classes will be more numerous and better, because some of the lower orders will abstain from voting as it is not compulsory. Accordingly that it is not proper to establish a constitution of this character from a blend of democracy and monarchy appears clearly from these considerations, and from what will be said later when our inquiry comes to deal with this class of constitution; also the provision for the election of the rulers from among candidates chosen at a preliminary election is dangerous, for if even a moderate number of people choose to combine into a party, the elections will always go according to their wish. [2.13] Such are the points as to the constitution in the Laws. There are also certain other constitutional schemes, some drawn up by amateurs and others by philosophers and statesmen, but all of them are nearer to those which have been actually established and by which states are governed at present than are both of those which have been considered; for nobody else has introduced the innovation of community of children and women, nor that of public meals for the women, but they start rather with the necessary reforms. For some persons think that the right regulation of property is the most important; for the question of property, they say, is universally the cause of party strife. Therefore the Chalcedonian Phaleas was the first who introduced this expedient; for he says that the citizens' estates ought to be equal

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    § 1266b and he thought that this would not be difficult to secure at the outset for cities in process of foundation, while in those already settled, although it would be a more irksome task, nevertheless a levelling would most easily be effected by the rich giving dowries but not receiving them and the poor receiving but not giving them. Plato when writing the Laws thought that up to a certain point inequality ought to be allowed, but that no citizen should be permitted to acquire more land than would make his estate five times the size of the smallest, as has also been said before. [2.14] But those who bring in legislation of this sort must also not overlook this point, which is overlooked at present, that when regulating the amount of property legislators ought also to regulate the size of the family; for if the number of children becomes too large for the property, the law is quite sure to be broken, and apart from the breach of the law it is a bad thing that many citizens who were rich should become poor, for it is difficult for such men not to be advocates of a new order. That a level standard of property affects the community of the citizens in an important manner some men even in old times clearly have recognized; for example there is the legislation of Solon, and other states have a law prohibiting the acquisition of land to any amount that the individual may desire; and similarly there is legislation to prevent the sale of estates, as at Locri there is a law that a man shall not sell unless he can prove that manifest misfortune has befallen him and also there is legislation to preserve the old allotments, and the repeal of this restriction at Leucas made the Leucadian constitution excessively democratic, for it came about that the offices were no longer filled from the established property-qualifications. But it is possible that equality of estates may be maintained, but their size may be either too large and promote luxury, or too small, causing a penurious standard of living; it is clear therefore that it is not enough for the lawgiver to make the estates equal, but he must aim at securing a medium size. And again, even if one prescribed a moderate property for all, it would be of no avail, since it is more needful to level men's desires than their properties, and this can only be done by an adequate system of education enforced by law. But perhaps Phaleas would say that he himself actually prescribes this, as he considers it fundamentally necessary for states to have equality in these two things, property and education. But the nature of the education needs to be defined: it is no use merely for it to be one and the same for all, for it is possible for all to have one and the same education but for this to be of such a nature as to make them desirous of getting more than their share of money or honor or both; moreover civil strife is caused not only by inequality of property but also by inequality of honors, though the two motives operate in opposite ways — the masses are discontented if possessions are unequally distributed,

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    § 1267a the upper classes if honors are equally distributed, bringing it about that “Noble and base in equal honor stand.” Nor do men do wrong for the sake of the bare necessities only, the sort of wrongdoing for which Phaleas thinks that equality of substance is a cure — preventing highway robbery by removing the motive of cold or hunger; men also do wrong to gain pleasure and to satisfy desire. For if they have a desire above the bare necessities of existence, they will transgress to cure this desire; and moreover not because of desire only, but in order that they may enjoy the pleasures that are not associated with pains. What remedy then is there for these three classes of offenders? For the first class, a modest competence and work; for the second, temperance; and as for the third sort, any people who desire pleasures that depend on themselves would require no cure for their desires save that which is derived from philosophy, for the other pleasures require the aid of fellow-creatures. Since clearly the greatest transgressions spring from a desire for superfluities, not for bare necessaries (for example, men do not become tyrants in order to avoid shivering with cold, and accordingly high honors are awarded to one who kills a tyrant, but not to one who kills a thief); so that the method of the constitution of Phaleas is efficacious only against the minor social disorders. Again, Phaleas desires to frame institutions for the most part which will lead to a right state of affairs in the internal relations of the citizens, but the legislator should also have regard to relations with the neighboring peoples and with all foreign nations. It is essential therefore for the constitution to be framed with a view to military strength, about which Phaleas has said nothing. And the same is true also about property; for the citizens should not only possess enough to meet their requirements in civic life, but also to encounter the perils that face them from outside; hence they should possess neither so large an amount of wealth that it will be coveted by their neighbors and by stronger states while its possessors will be unable to repel their assailants, nor yet so small an amount as not to be capable of sustaining a war even against equal and similar states. Phaleas, it is true, has laid down no rule at all, but the question must not be overlooked, what amount of wealth is advantageous. Perhaps therefore the best limit to prescribe is that it must not profit a stronger people to make war upon the state because of its excessive wealth, but only just as it might do even if the citizens had not got so much property. For example, when Autophradates was about to lay siege to Atarneus, Eubulus bade him consider how long it would take him to capture the place, and then calculate what his expenditure would be for that period, for he himself was willing for the payment of a smaller sum than that to evacuate Atarneusat once; these words caused Autophradates to ponder and led him to abandon the siege. Now equality of property among the citizens is certainly one of the factors that contribute to the avoidance of party faction; it is not however a particularly important one. For the upper classes may resent it on the ground that their merits are not equal, owing to which we actually see them often attacking the government and rebelling;

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    § 1267b and also the baseness of human beings is a thing insatiable, and though at the first a dole of only two obols is enough, yet when this has now become an established custom, they always want more, until they get to an unlimited amount; for appetite is in its nature unlimited, and the majority of mankind live for the satisfaction of appetite. The starting-point in such matters therefore, rather than levelling estates, is to train those that are respectable by nature so that they may not wish for excessive wealth, and to contrive that the base may not be able to do so, and this is secured if they are inferior in number and not unjustly treated. And also we cannot approve what Phaleas has said about equality of property, for he makes the citizens equal in respect of landed estate only, but wealth also consists in slaves and cattle and money, and there is an abundance of property in the shape of what is called furniture; we must therefore either seek to secure equality or some moderate regulation as regards all these things, or we must permit all forms of wealth. And it is clear from Phaleas's legislation that he makes the citizen-population a small one, inasmuch as all the artisans are to be publicly owned slaves and are not to furnish any complement of the citizen-body. But if it is proper to have public slaves, the laborers employed upon the public works ought to be of that status (as is the case at Epidamnus and as Diophantus once tried to institute at Athens ). These remarks may serve fairly well to indicate such merits and defects as may be contained in the constitution of Phaleas. [2.15] Hippodamus son of Euryphon, a Milesian (who invented the division of cities into blocks and cut up Piraeus, and who also became somewhat eccentric in his general mode of life owing to a desire for distinction, so that some people thought that he lived too fussily, with a quantity of hair and expensive ornaments, and also a quantity of cheap yet warm clothes not only in winter but also in the summer periods, and who wished to be a man of learning in natural science generally), was the first man not engaged in politics who attempted to speak on the subject of the best form of constitution. His system was for a city with a population of ten thousand, divided into three classes; for he made one class of artisans, one of farmers, and the third the class that fought for the state in war and was the armed class. He divided the land into three parts, one sacred, one public and one private: sacred land to supply the customary offerings to the gods, common land to provide the warrior class with food, and private land to be owned by the farmers. He thought that there are only three divisions of the law, since the matters about which lawsuits take place are three in number — outrage, damage, homicide. He also proposed to establish one supreme court of justice, to which were to be carried up all the cases at law thought to have been decided wrongly, and this court he made to consist of certain selected elders.

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    § 1268a He held that the verdicts in the courts ought not to be given by ballot, but that each juryman should bring a tablet on which if he found a simple verdict of guilty he should write the penalty, and if simply not guilty leave a blank, but if he found the prisoner guilty on some counts but not on others he should state this; for the present state of the law he thought unsatisfactory, since it forces jurors to commit perjury by giving either the one verdict or the other. He proposed a law that those who discovered something of advantage to the state should receive honor, and that the children of those who died in war should have their maintenance from the state, in the belief that this had never yet been provided by law among other people — but as a matter of fact this law exists at present both at Athens and in others of the cities. The governing officials were all to be chosen by the assembly of the people, and this he made to consist of the three classes of the city; and the officials elected were to superintend the business of the community and the affairs of foreign residents and of orphans. These then are the greatest number and the most noteworthy of the provisions in the system of Hippodamus. But doubt might be raised first of all about the division of the general mass of the citizens. The artisans, the farmers and the military class all participate in the government, though the farmers have not got arms and the artisans neither arms nor land, which makes them almost the slaves of those who possess the arms. Therefore for them to share in all the offices is impossible (for it is inevitable that both military commanders and civic guards and in general the most important offices should be appointed from those that have the arms); but if they do not share in the government of the state, how is it possible for them to be friendly towards the constitution? But it may be said that the ruling class as possessing the arms is bound to be stronger than both classes. But this is not easy if they are not numerous and if this be the case, why should the other classes participate in the government and control the appointment of the rulers? Again, what use are the farmers to the state? artisans there must necessarily be (for every state requires artisans), and they can make a living as in the other states from the practice of their craft; but as for the farmers, although it would have been reasonable for them to be a portion of the state if they provided the class possessing the arms with its food, as it is they have private land of their own and farm it for themselves. And again, if the common land from which those who fight for the state are to have their food is to be farmed by themselves, the military class would not be different from the agricultural, but the legislator intends it to be; while if the cultivators of the common land are to be a different set of people from both those who cultivate the private farms and the soldiers, this will be yet a forth section of the state, holding no part in it but quite estranged from the government. But yet if one is to make those who cultivate the private and the common land the same people, the amount of the produce from the farms which each man will cultivate will be scanty for two households,

  35. urn:cts:greekLit:tlg0086.tlg035:1268b

    § 1268b and moreover why are they not both to take food for themselves and to supply it to the soldiers direct from the land and from the same allotments? All these points therefore involve much confusion. Also the law about trials is unsatisfactory — the requirement that the verdict shall be given on separate counts when the charge in the indictment is single, and the conversion of the juror into an arbitrator. A qualified verdict is practicable in an arbitration even when there are several arbitrators (for they confer with one another about their verdict), but it is not practicable in the law-courts, but the contrary to this is actually provided for by most lawgivers, who prohibit consultation between the jurymen. Then the verdict will inevitably be a confused one when the juror thinks that the defendant is liable for damages but not in so large an amount as the plaintiff claims; for the plaintiff will sue for twenty minae and the juror will adjudge ten minae (or the former some larger and the latter some smaller sum), and another juror five minae, and yet another four (and so they will obviously go on making fractions), while others will award the whole sum, and others nothing; what then will be the method of counting the votes? Again, nobody compels the juror to commit perjury who, if the indictment has been drawn in simple form, gives a simple verdict of acquittal or condemnation, and gives it justly; for the juror who gives a verdict of acquittal does not give judgement that the defendant owes nothing, but that he does not owe the twenty minae for which he is sued; it is only the juror who gives a verdict condemning the defendant when he does not think that he owes twenty minae who commits perjury. As for the view that an honor ought to be awarded to those who invent something advantageous to the state, legislation to this effect is not safe, but only specious to the ear; for it involves malicious prosecutions and, it may even happen, constitutional upheavals. And the matter leads to another problem and a different inquiry: some persons raise the question whether to alter the ancestral laws, supposing another law is better, is harmful or advantageous to states. Hence it is not easy to give a speedy agreement to the above proposal to honor reformers, if really it is disadvantageous to alter the laws; yet it is possible that persons may bring forward the repeal of laws or of the constitution as a benefit to the community. And since we have made mention of this question, it will be better if we set out a few further observations about it, for, as we said, it involves difficulty. And it might be thought that it would be better for alteration to take place; at all events in the other fields of knowledge this has proved beneficial — for example, medicine has been improved by being altered from the ancestral system, and gymnastic training, and in general all the arts and faculties so that since statesmanship also is to be counted as one of these, it is clear that the same thing necessarily holds good in regard to it as well. And it might be said that a sign of this has occurred in the actual events of history, for (one might argue) the laws of ancient times were too simple and uncivilized: the Hellenes, for instance, used both to carry arms and to purchase their wives from one another, and all the survivals of the customs of antiquity existing anywhere are utterly foolish,

  36. urn:cts:greekLit:tlg0086.tlg035:1269a

    § 1269a as for example at Cyme there is a law relating to trials for murder, that if the prosecutor on the charge of murder produces a certain number of his own relatives as witnesses, the defendant is guilty of the murder. And in general all men really seek what is good, not what was customary with their forefathers; and it is probable that primitive mankind, whether sprung from the earth or the survivors of some destructive cataclysm, were just like ordinary foolish people, as indeed is actually said of the earth-born race, so that it is odd that we should abide by their notions. Moreover even written codes of law may with advantage not be left unaltered. For just as in the other arts as well, so with the structure of the state it is impossible that it should have been framed aright in all its details; for it must of necessity be couched in general terms, but our actions deal with particular things. These considerations therefore make it clear that it is proper for some laws sometimes to be altered. But if we consider the matter in another way, it would seem to be a thing that needs much caution. For when it is the case that the improvement would be small, but it is a bad thing to accustom men to repeal the laws lightly, it is clear that some mistakes both of the legislator and of the magistrate should be passed over; for the people will not be as much benefited by making an alteration as they will be harmed by becoming accustomed to distrust their rulers. Also, the example from the case of the arts is a mistake, as to change the practice of an art is a different thing from altering a law; for the law has no power to compel obedience beside the force of custom, and custom only grows up in long lapse of time, so that lightly to change from the existing laws to other new laws is to weaken the power of the law. Again, even if alteration of the laws is proper, are all the laws to be open to alteration, and in every form of constitution, or not? and is any chance person to be competent to introduce alterations or only certain people? for there is a great difference between these alternatives. Therefore let us abandon this inquiry for the present, since it belongs to other occasions. [2.16] On the subject of the constitution of Sparta and that of Crete, and virtually in regard to the other forms of constitution also, the questions that arise for consideration are two, one whether their legal structure has any feature that is admirable or the reverse in comparison with the best system, another whether it contains any provision that is really opposed to the fundamental principle and character of the constitution that the founders had in view. [2.17] Now it is a thing admitted that a state that is to be well governed must be provided with leisure from menial occupations; but how this is to be provided it is not easy to ascertain. The serf class in Thessaly repeatedly rose against its masters, and so did the Helots at Sparta, where they are like an enemy constantly sitting in wait for the disasters of the Spartiates. Nothing of the kind has hitherto occurred in Crete, the reason perhaps being that the neighboring cities,

  37. urn:cts:greekLit:tlg0086.tlg035:1269b

    § 1269b even when at war with one another, in no instance ally themselves with the rebels, because as they themselves also possess a serf class this would not be for their interest; whereas the Laconians were entirely surrounded by hostile neighbors, Argives, Messenians and Arcadians. For with the Thessalians too the serf risings originally began because they were still at war with their neighbors, the Achaeans, Perraebi and Magnesians. Also, apart from other drawbacks, the mere necessity of policing a serf class is an irksome burden — the problem of how intercourse with them is to be carried on: if allowed freedom they grow insolent and claim equal rights with their masters, and if made to live a hard life they plot against them and hate them. It is clear therefore that those whose helot-system works out in this way do not discover the best mode of treating the problem. Again, the freedom in regard to women is detrimental both in regard to the purpose of the constitution and in regard to the happiness of the state. For just as man and wife are part of a household, it is clear that the state also is divided nearly in half into its male and female population, so that in all constitutions in which the position of the women is badly regulated one half of the state must be deemed to have been neglected in framing the law. And this has taken place in the state under consideration, for the lawgiver wishing the whole city to be of strong character displays his intention clearly in relation to the men, but in the case of the women has entirely neglected the matter; for they live dissolutely in respect of every sort of dissoluteness, and luxuriously. So that the inevitable result is that in a state thus constituted wealth is held in honor, especially if it is the case that the people are under the sway of their women, as most of the military and warlike races are, except the Celts and such other races as have openly held in honor passionate friendship between males. For it appears that the original teller of the legend had good reason for uniting Ares with Aphrodite, for all men of martial spirit appear to be attracted to the companionship either of male associates or of women. Hence this characteristic existed among the Spartans, and in the time of their empire many things were controlled by the women; yet what difference does it make whether the women rule or the rulers are ruled by the women? The result is the same. And although bravery is of service for none of the regular duties of life, but if at all, in war, even in this respect the Spartans' women were most harmful; and they showed this at the time of the Theban invasion, for they rendered no useful service, as the women do in other states, while they caused more confusion than the enemy. It is true therefore that at the outset the freedom allowed to women at Sparta seems to have come about with good reason,

  38. urn:cts:greekLit:tlg0086.tlg035:1270a

    § 1270a for the Spartans used to be away in exile abroad for long periods on account of their military expeditions, both when fighting the war against the Argives and again during the war against the Arcadians and Messenians; but when they had turned to peaceful pursuits, although they handed over themselves to the lawgiver already prepared for obedience by military life (for this has many elements of virtue), as for the women it is said that Lycurgus did attempt to bring them under the laws, but since they resisted he gave it up. So the Spartan women are, it is true, responsible for what took place, and therefore manifestly for this mistake among the rest; although for our own part we are not considering the question who deserves excuse or does not, but what is the right or wrong mode of action. But, as was also said before, errors as regards the status of women seem not only to cause a certain unseemliness in the actual conduct of the state but to contribute in some degree to undue love of money. For next to the things just spoken of one might censure the Spartan institutions with respect to the unequal distribution of wealth. It has come about that some of the Spartans own too much property and some extremely little; owing to which the land has fallen into few hands, and this has also been badly regulated by the laws; for the lawgiver made it dishonorable to sell a family's existing estate, and did so rightly, but he granted liberty to alienate land at will by gift or bequest; yet the result that has happened was bound to follow in the one case as well as in the other. And also nearly two-fifths of the whole area of the country is owned by women, because of the number of women who inherit estates and the practice of giving large dowries; yet it would have been better if dowries had been prohibited by law or limited to a small or moderate amount... But as it is he is allowed to give an heiress in marriage to whomever he likes; and if he dies without having made directions as to this by will, whoever he leaves as his executor bestows her upon whom he chooses. As a result of this although the country is capable of supporting fifteen hundred cavalry and thirty thousand heavy-armed troopers, they numbered not even a thousand. And the defective nature of their system of land-tenure has been proved by the actual facts of history: the state did not succeed in enduring a single blow, but perished owing to the smallness of its population. They have a tradition that in the earlier reigns they used to admit foreigners to their citizenship, with the result that dearth of population did not occur in those days, although they were at war for a long period; and it is stated that at one time the Spartiates numbered as many as ten thousand. However, whether this is true or not, it is better for a state's male population to be kept up by measures to equalize property. The law in relation to parentage is also somewhat adverse to the correction of this evil.

  39. urn:cts:greekLit:tlg0086.tlg035:1270b

    § 1270b For the lawgiver desiring to make the Spartiates as numerous as possible holds out inducements to the citizens to have as many children as possible: for they have a law releasing the man who has been father of three sons from military service, and exempting the father of four from all taxes. Yet it is clear that if a number of sons are born and the land is correspondingly divided there will inevitably come to be many poor men. [2.18] Moreover the regulations for the Ephorate are also bad. For this office has absolute control over their most important affairs, but the Ephors are appointed from the entire people, so that quite poor men often happen to get into the office, who owing to their poverty used to be easily bought. This was often manifested in earlier times, and also lately in the affair at Andros; for certain Ephors were corrupted with money and so far as lay in their power ruined the whole state. And because the office was too powerful, and equal to a tyranny, the kings also were compelled to cultivate popular favor, so that in this way too the constitution was jointly injured, for out of an aristocracy came to be evolved a democracy. Thus this office does, it is true, hold together the constitution — for the common people keep quiet because they have a share in the highest office of state, so that whether this is due to the lawgiver or has come about by chance, the Ephorate is advantageous for the conduct of affairs; for if a constitution is to be preserved, all the sections of the state must wish it to exist and to continue on the same lines; so the kings are in this frame of mind owing to their own honorable rank, the nobility owing to the office of the Elders, which is a prize of virtue, and the common people because of the Ephorate, which is appointed from the whole population — but yet the Ephorate, though rightly open to all the citizens, ought not to be elected as it is now, for the method is too childish. And further the Ephors have jurisdiction in lawsuits of high importance, although they are any chance people, so that it would be better if they did not decide cases on their own judgement but by written rules and according to the laws. Also the mode of life of the Ephors is not in conformity with the aim of the state, for it is itself too luxurious, whereas in the case of the other citizens the prescribed life goes too far in the direction of harshness, so that they are unable to endure it, and secretly desert the law and enjoy the pleasures of the body. Also their regulations for the office of the Elders are not good; it is true that if these were persons of a high class who had been adequately trained in manly valor, one might perhaps say that the institution was advantageous to the state, although their life-tenure of the judgeship in important trials is indeed a questionable feature (for there is old age of mind as well as of body);

  40. urn:cts:greekLit:tlg0086.tlg035:1271a

    § 1271a but as their education has been on such lines that even the lawgiver himself cannot trust in them as men of virtue, it is a dangerous institution. And it is known that those who have been admitted to this office take bribes and betray many of the public interests by favoritism; so that it would be better if they were not exempt from having to render an account of their office, but at present they are. And it might be held that the magistracy of the Ephors serves to hold all the offices to account; but this gives altogether too much to the Ephorate, and it is not the way in which, as we maintain, officials ought to be called to account. Again, the procedure in the election of the Elders as a mode of selection is not only childish, but it is wrong that one who is to be the holder of this honorable office should canvass for it, for the man worthy of the office ought to hold it whether he wants to or not. But as it is the lawgiver clearly does the same here as in the rest of the constitution: he makes the citizens ambitious and has used this for the election of the Elders, for nobody would ask for office if he were not ambitious; yet surely ambition and love of money are the motives that bring about almost the greatest part of the voluntary wrongdoing that takes place among mankind. As to monarchy, the question whether it is not or is an advantageous institution for states to possess may be left to another discussion; but at all events it would be advantageous that kings should not be appointed as they are now, but chosen in each case with regard to their own life and conduct. But it is clear that even the lawgiver himself does not suppose that he can make the kings men of high character: at all events he distrusts them as not being persons of sufficient worth owing to which the Spartans used to send kings who were enemies as colleagues on embassies, and thought that the safety of the state depended on division between the kings. Also the regulations for the the public mess-tables called Phiditia have been badly laid down by their originator. The revenue for these ought to come rather from public funds, as in Crete; but among the Spartans everybody has to contribute, although some of them are very poor and unable to find money for this charge, so that the result is the opposite of what the lawgiver purposed. For he intends the organization of the common tables to be democratic, but when regulated by the law in this manner it works out as by no means democratic; for it is not easy for the very poor to participate, yet their ancestral regulation of the citizenship is that it is not to belong to one who is unable to pay this tax. The law about the Admirals has been criticized by some other writers also, and rightly criticized; for it acts as a cause of sedition, since in addition to the kings who are military commanders the office of Admiral stands almost as another kingship. Another criticism that may be made against the fundamental principle of the lawgiver

  41. urn:cts:greekLit:tlg0086.tlg035:1271b

    § 1271b is one that Plato has made in the Laws. The entire system of the laws is directed towards one part of virtue only, military valor, because this is serviceable for conquest. Owing to this they remained secure while at war, but began to decline when they had won an empire, because they did not know how to live a life of leisure, and had been trained in no other form of training more important than the art of war. And another error no less serious than that one is this: they think that the coveted prizes of life are won by valor more than by cowardice, and in this they are right, yet they imagine wrongly that these prizes are worth more than the valor that wins them. The public finance of Sparta is also badly regulated: when compelled to carry on wars on a large scale she has nothing in the state treasury, and the Spartiates pay war taxes badly because, as most of the land is owned by them, they do not scrutinize each other's contributions. And the lawgiver has achieved the opposite result to what is advantageous — he has made the state poor and the individual citizen covetous. So much for a discussion of the constitution of Sparta: for these are the main points in it for criticism. [2.19] The Cretan constitution approximates to that of Sparta, but though in a few points it is not worse framed, for the larger part it has a less perfect finish. For the Spartan constitution appears and indeed is actually stated to have been copied in most of its provisions from the Cretan; and as a rule old things have been less fully elaborated than newer ones. For it is said that when Lycurgus relinquished his post as guardian of King Charilaus and went abroad, he subsequently passed most of his time in Crete because of the relationship between the Cretans and the Spartans; for the Lyctians were colonists from Sparta, and the settlers that went out to the colony found the system of laws already existing among the previous inhabitants of the place; owing to which the neighboring villagers even now use these laws in the same manner, in the belief that Minos first instituted this code of laws. And also the island appears to have been designed by nature and to be well situated to be under Greek rule, as it lies across the whole of the sea, round which almost all the Greeks are settled; for Crete is only a short distance from the Peloponnese in one direction, and from the part of Asia around Triopium and from Rhodes in the other. Owing to this Minos won the empire of the sea, and made some of the islands subject to him and settled colonies in others, but finally when making an attack on Sicily he ended his life there near Camicus. [2.20] The Cretan organization is on the same lines as that of Sparta. In Sparta the land is tilled by the Helots and in Creteby the serfs;

  42. urn:cts:greekLit:tlg0086.tlg035:1272a

    § 1272a and also both have public mess-tables, and in old days the Spartans called them not'phiditia' but'men's messes,' as the Cretans do, which is a proof that they came from Crete. And so also did the system of government; for the Ephors have the same power as the magistrates called Cosmi in Crete, except that the Ephors are five in number and the Cosmi ten; and the Elders at Sparta are equal in number to the Elders whom the Cretans call the Council; and monarchy existed in former times, but then the Cretans abolished it, and the Cosmi hold the leadership in war; and all are members of the Assembly, though it has no powers except the function of confirming by vote the resolutions already formed by the Elders and the Cosmi. [2.21] Now the Cretan arrangements for the public mess-tables are better than the Spartan; for at Sparta each citizen pays a fixed poll-tax, failing which he is prevented by law from taking part in the government, as has been said before; but in Crete the system is more communal, for out of all the crops and cattle produced from the public lands, and the tributes paid by the serfs, one part is assigned for the worship of the gods and the maintenance of the public services, and the other for the public mess-tables, so that all the citizens are maintained from the common funds, women and children as well as men; and the lawgiver has devised many wise measures to secure the benefit of moderation at table, and the segregation of the women in order that they may not bear many children, for which purpose he instituted association with the male sex, as to which there will be another occasion to consider whether it was a bad thing or a good one. That the regulations for the common mess-tables therefore are better in Crete than at Sparta is manifest; but the regulations for the Cosmi are even worse than those regarding the Ephors. For the evil attaching to the office of the Ephors belongs to the Cosmi also, as the post is filled by any chance persons, while the benefit conferred on the government by this office at Sparta is lacking in Crete. At Sparta, as the election is made from all the citizens, the common people sharing in the highest office desire the maintenance of the constitution, but in Crete they do not elect the Cosmi from all the citizens but from certain clans, and the Elders from those who have held the office of Cosmos, about which regulations the same comments might be made as about what takes place at Sparta: their freedom from being called to account and their tenure for life gives them greater rank than their merit deserves, and their administration of their office at their own discretion and not under the guidance of a written code is dangerous. And the fact that the common people quietly tolerate their exclusion is no proof that the arrangement is a sound one; for the Cosmi unlike the Ephors make no sort of profit,

  43. urn:cts:greekLit:tlg0086.tlg035:1272b

    § 1272b as they live in an island remote from any people to corrupt them. Also the remedy which they employ for this defect is a curious one, and less characteristic of a republic than of a dynasty: often the Cosmi are expelled by a conspiracy formed among some of their actual colleagues or the private citizens. Also the Cosmi are allowed to resign during their term of office. Now it would be preferable for all these expedients to be put in force by law rather than at the discretion of individuals, for that is a dangerous principle. And the worst expedient of all is that of the suspension of the office of Cosmi, which is often brought about by members of the powerful class who wish to escape being punished; this proves that the constitution has a republican element, although it is not actually a republic but rather a dynasty. And the nobles frequently form parties among the common people and among their friends and so bring about a suspension of government, and form factions and engage in war with one another. Yet such a state of things is virtually the same as if for a period of time the state underwent an entire revolution, and the bonds of civil society were loosened. [2.22] And it is a precarious position for a state to be in, when those who wish to attack it also have the power to do so. But, as has been said, it is saved by its locality; for distance has had the same effect as alien-acts. A result of this is that with the Cretans the serf population stands firm, whereas the Helots often revolt; for the Cretans take no part in foreign empire, and also the island has only lately been invaded by warfare from abroad, rendering manifest the weakness of the legal system there. Let this suffice for our discussion of this form of constitution. [2.23] Carthage also appears to have a good constitution, with many outstanding features as compared with those of other nations, but most nearly resembling the Spartan in some points. For these three constitutions are in a way near to one another and are widely different from the others — the Cretan, the Spartan and, thirdly, that of Carthage. Many regulations at Carthage are good; and a proof of a well-regulated constitution is that the populace willingly remain faithful to the constitutional system, and that neither civil strife has arisen in any degree worth mentioning, nor yet a tyrant. [2.24] Points in which the Carthaginian constitution resembles the Spartan are the common mess-tables of its Comradeships corresponding to the Phiditia, and the magistracy of the Hundred and Four corresponding to the Ephors (except one point of superiority — the Ephors are drawn from any class, but the Carthaginians elect this magistracy by merit); the kings and the council of Elders correspond to the kings and Elders at Sparta, and it is another superior feature that the Carthaginian kings are not confined to the same family and that one of no particular distinction, and also that if any family distinguishes itself... the Elders are to be chosen from these rather than by age; for as they are put in control of important matters, if they are men of no value they do great harm,

  44. urn:cts:greekLit:tlg0086.tlg035:1273a

    § 1273a and they have already injured the Spartan State. [2.25] Most of the points therefore in the Carthaginian system that would be criticized on the ground of their divergences happen to be common to all the constitutions of which we have spoken; but the features open to criticism as judged by the principle of an aristocracy or republic are some of them departures in the direction of democracy and others in the direction of oligarchy. The reference of some matters and not of others to the popular assembly rests with the kings in consultation with the Elders in case they agree unanimously, but failing that, these matters also lie with the people; and when the kings introduce business in the assembly, they do not merely let the people sit and listen to the decisions that have been taken by their rulers, but the people have the sovereign decision, and anybody who wishes may speak against the proposals introduced, a right that does not exist under the other constitutions. The appointment by co-optation of the Boards of Five which control many important matters, and the election by these boards of the supreme magistracy of the Hundred, and also their longer tenure of authority than that of any other officers (for they are in power after they have gone out of office and before they have actually entered upon it) are oligarchical features; their receiving no pay and not being chosen by lot and other similar regulations must be set down as aristocratic, and so must the fact that the members of the Boards are the judges in all lawsuits, instead of different suits being tried by different courts as at Sparta. But the Carthaginian system diverges from aristocracy in the direction of oligarchy most signally in respect of a certain idea that is shared by the mass of mankind; they think that the rulers should be chosen not only for their merit but also for their wealth, as it is not possible for a poor man to govern well or to have leisure for his duties. If therefore election by wealth is oligarchical and election by merit aristocratic, this will be a third system exhibited in the organization of the constitution of Carthage, for there elections are made with an eye to these two qualifications, and especially elections to the most important offices, those of the kings and of the generals. But it must be held that this divergence from aristocracy is an error on the part of a lawgiver; for one of the most important points to keep in view from the outset is that the best citizens may be able to have leisure and may not have to engage in any unseemly occupation, not only when in office but also when living in private life. And if it is necessary to look to the question of means for the sake of leisure, it is a bad thing that the greatest offices of state, the kingship and the generalship, should be for sale. For this law makes wealth more honored than worth, and renders the whole state avaricious; and whatever the holders of supreme power deem honorable, the opinion of the other citizens also is certain to follow them, and a state in which virtue is not held in the highest honor

  45. urn:cts:greekLit:tlg0086.tlg035:1273b

    § 1273b cannot be securely governed by an aristocracy. And it is probable that those who purchase office will learn by degrees to make a profit out of it, when they hold office for money spent; for it would be odd if a man of small means but respectable should want to make a profit but an inferior person when he has spent money to get elected should not want to. Hence the persons who should be in office are those most capable of holding office. And even if the lawgiver neglected to secure comfortable means for respectable people, it would at all events be better that he should provide for their leisure while in office. [2.26] And it might also be thought a bad thing for the same person to hold several offices, which is considered a distinction at Carthage. One man one job is the best rule for efficiency, and the lawgiver ought to see that this may be secured, and not appoint the same man to play the flute and make shoes. Hence except in a small city it is more statesmanlike for a larger number to share in the offices and more democratic, for it is fairer to all, as we said, and also functions are performed better and more quickly when separate than by the same people. This is clear in military and naval matters; for in both of these departments command and subordination penetrate throughout almost the whole body. [2.27] But the constitution being oligarchical they best escape the dangers by being wealthy, as they constantly send out a portion of the common people to appointments in the cities; by this means they heal the social sore and make the constitution stable. However, this is the achievement of fortune, whereas freedom from civil strife ought to be secured by the lawgiver; but as it is, suppose some misfortune occurs and the multitude of the subject class revolts, there is no remedy provided by the laws to restore tranquillity. This then is the character of the Spartan, Cretan and Carthaginian constitutions, which are justly famous. [2.28] Of those that have put forward views about politics, some have taken no part in any political activities whatever but have passed their whole life as private citizens; and something has been said about almost all the writers of this class about whom there is anything noteworthy. Some on the other hand have been lawgivers, either for their native cities or even for certain foreign peoples, after having themselves been actively engaged in government; and of these some have been framers of laws only, and others of a constitution also, for instance Solon and Lycurgus, who instituted both laws and constitutions. The Spartan constitution has been discussed. As for Solon, he is considered by some people to have been a good lawgiver, as having put an end to oligarchy when it was too unqualified and having liberated the people from slavery and restored the ancestral democracy with a skilful blending of the constitution: the Council on the Areopagus being an oligarchic element, the elective magistracies aristocratic and the law-courts democratic. And although really in regard to certain of these features, the Council and the election of magistrates,

  46. urn:cts:greekLit:tlg0086.tlg035:1274a

    § 1274a Solon seems merely to have abstained from destroying institutions that existed already, he does appear to have founded the democracy by constituting the jury-courts from all the citizens. For this he is actually blamed by some persons, as having dissolved the power of the other parts of the community by making the law-court, which was elected by lot, all-powerful. For as the law-court grew strong, men courted favor with the people as with a tyrant, and so brought the constitution to the present democracy; and Ephialtes and Pericles docked the power of the Council on the Areopagus, while Pericles instituted payment for serving in the law-courts, and in this manner finally the successive leaders of the people led them on by growing stages to the present democracy. But this does not seem to have come about in accordance with the intention of Solon, but rather as a result of accident (for the common people having been the cause of the naval victories at the time of the Persian invasion became proud and adopted bad men as popular leaders when the respectable classes opposed their policy); inasmuch as Solon for his part appears to bestow only the minimum of power upon the people, the function of electing the magistrates and of calling them to account (for if even this were not under the control of the populace it would be a mere slave and a foreign enemy), whereas he appointed all the offices from the notable and the wealthy, the Five-hundred-bushel class and the Teamsters and a third property-class called the Knighthood; while the fourth class, the Thetes, were admitted to no office. [2.29] Laws were given by Zaleucus to the Epizephyrian Locrians and by Charondas of Catana to his fellow-citizens and to the other Chalcidic cities on the coasts of Italy and Sicily. Some persons try to connect Zaleucus and Charondas together: they say that Onomacritus first arose as an able lawgiver, and that he was trained in Crete, being a Locrian and travelling there to practise the art of soothsaying, and Thales became his companion, and Lycurgus and Zaleucus were pupils of Thales, and Charondas of Zaleucus; but these stories give too little attention to the dates. Philolaus of Corinth also arose as lawgiver at Thebes. Philolaus belonged by birth to the Bacchiad family; he became the lover of Diocles the winner at Olympia, but when Diocles quitted the city because of his loathing for the passion of his mother Alcyone, he went away to Thebes, and there they both ended their life. Even now people still show their tombs, in full view of each other and one of them fully open to view in the direction of the Corinthian country but the other one not; for the story goes that they arranged to be buried in this manner, Diocles owing to his hatred for his misfortune securing that the land of Corinth might not be visible from his tomb, and Philolaus that it might be from his.

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    § 1274b It was due then to a reason of this nature that they went to live at Thebes; but Philolaus became the Thebans' lawgiver in regard to various matters, among others the size of families, — the laws called by the Thebans laws of adoption; about this Philolaus enacted special legislation, in order that the number of the estates in land might be preserved. There is nothing special in the code of Charondas except the trials for false witness (for he was the first to introduce the procedure of denunciation), but in the accuracy of his laws he is a more finished workman even than the legislators of today. (Peculiar to Phaleas is the measure for equalizing properties; to Plato, community of wives and children and of property, and the common meals for the women, and also the law about drunkenness, enacting that sober persons are to be masters of the drinking-bouts, and the regulation for military training to make men ambidextrous during drill, on the ground that it is a mistake to have one of the two hands useful but the other useless.)There are laws of Draco, but he legislated for an existing constitution, and there is nothing peculiar in his laws that is worthy of mention, except their severity in imposing heavy punishment. Pittacus also was a framer of laws, but not of a constitution; a special law of his is that if men commit any offence when drunk, they are to pay a larger fine than those who offend when sober; because since more men are insolent when drunk than when sober he had regard not to the view that drunken offenders are to be shown more mercy, but to expediency. Androdamas of Rhegium also became lawgiver to the Chalcidians in the direction of Thrace, and to him belong the laws dealing with cases of murder and with heiresses; however one cannot mention any provision that is peculiar to him. Let such be our examination of the constitutional schemes actually in force and of those that have been proposed by certain persons.

  48. urn:cts:greekLit:tlg0086.tlg035:1274b

    § 1274b Book 3 For the student of government, and of nature and characteristics of the various forms of constitution, almost the first question to consider is in regard to the state: what exactly is the essential nature of a state? As it is, this is a matter of dispute: a public act is spoken of by some people as the action of the state, others speak of it as the action not of the state but of the oligarchy or the tyrant in power; and we see that the activity of the statesman and lawgiver is entirely concerned with a state as its object, and a constitution is a form of organization of the inhabitants of a state. But a state is a composite thing, in the same sense as any other of the things that are wholes but consist of many parts; it is therefore clear that we must first inquire into the nature of a citizen; for a state is a collection of citizens,

  49. urn:cts:greekLit:tlg0086.tlg035:1275a

    § 1275a so that we have to consider who is entitled to the name of citizen, and what the essential nature of a citizen is. For there is often a difference of opinion as to this: people do not all agree that the same person is a citizen; often somebody who would be a citizen in a democracy is not a citizen under an oligarchy. We need not here consider those who acquire the title of citizen in some exceptional manner, for example those who are citizens by adoption; and citizenship is not constituted by domicile in a certain place (for resident aliens and slaves share the domicile of citizens), nor are those citizens who participate in a common system of justice, conferring the right to defend an action and to bring one in the law-courts (for this right belongs also to the parties under a commercial treaty, as they too can sue and be sued at law, — or rather, in many places even the right of legal action is not shared completely by resident aliens, but they are obliged to produce a patron, so that they only share in a common legal procedure to an incomplete degree), but these are only citizens in the manner in which children who are as yet too young to have been enrolled in the list and old men who have been discharged must be pronounced to be citizens in a sense, yet not quite absolutely, but with the added qualification of'under age' in the case of the former and'superannuated' or some other similar term (it makes no difference, the meaning being clear) in that of the latter. For we seek to define a citizen in the absolute sense, and one possessing no disqualification of this nature that requires a correcting term, since similar difficulties may also be raised, and solved, about citizens who have been disfranchised or exiled. A citizen pure and simple is defined by nothing else so much as by the right to participate in judicial functions and in office. But some offices of government are definitely limited in regard to time, so that some of them are not allowed to be held twice by the same person at all, or only after certain fixed intervals of time; other officials are without limit of tenure, for example the juryman and the member of the assembly. It might perhaps be said that such persons are not officials at all, and that the exercise of these functions does not constitute the holding of office; and yet it is absurd to deny the title of official to those who have the greatest power in the state. But it need not make any difference, as it is only the question of a name, since there is no common name for a juryman and a member of the assembly that is properly applied to both. For the sake of distinction therefore let us call the combination of the two functions'office' without limitation. Accordingly we lay it down that those are citizens who participate in office in this manner. [3.2] Such more or less is the definition of'citizen' that would best fit with all of those to whom the name is applied. But it must not be forgotten that things in the case of which the things to which they are related differ in kind, one of them being primary, another one secondary and so on, either do not contain a common nature at all, as being what they are, or barely do so. Now we see that constitutions differ from one another in kind, and that some are subsequent and others prior;

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    § 1275b for erroneous and divergent forms are necessarily subsequent to correct forms (in what sense we employ the terms'divergent' of constitutions will appear later). Hence the citizen corresponding to each form of constitution will also necessarily be different. Therefore the definition of a citizen that we have given applies especially to citizenship in a democracy; under other forms of government it may hold good, but will not necessarily do so. For in some states there is no body of common citizens, and they do not have the custom of a popular assembly but councils of specially convened members, and the office of trying law-suits goes by sections — for example at Sparta suits for breach of contract are tried by different ephors in different cases, while cases of homicide are tried by the ephors and doubtless other suits by some other magistrate. The same method is not followed at Carthage, where certain magistrates judge all the law-suits. But still, our definition of a citizen admits of correction. For under the other forms of constitution a member of the assembly and of a jury-court is not'an official' without restriction, but an official defined according to his office; either all of them or some among them are assigned deliberative and judicial duties either in all matters or in certain matters. What constitutes a citizen is therefore clear from these considerations: we now declare that one who has the right to participate in deliberative or judicial office is a citizen of the state in which he has that right, and a state is a collection of such persons sufficiently numerous, speaking broadly, to secure independence of life. [3.3] But in practice citizenship is limited to the child of citizens on both sides, not on one side only, that is, the child of a citizen father or of a citizen mother; and other people carry this requirement further back, for example to the second or the third preceding generation or further. But given this as a practical and hasty definition, some people raise the difficulty, How will that ancestor three or four generations back have been a citizen? Gorgias of Leontini therefore, partly perhaps in genuine perplexity but partly in jest, said that just as the vessels made by mortar-makers were mortars, so the citizens made by the magistrates were Larisaeans, since some of the magistrates were actually larisa-makers. But it is really a simple matter; for if they possessed citizenship in the manner stated in our definition of a citizen, they were citizens — since it is clearly impossible to apply the qualification of descent from a citizen father or mother to the original colonizers or founders of a city. [3.4] But perhaps a question rather arises about those who were admitted to citizenship when a revolution had taken place, for instance such a creation of citizens as that carried out at Athens by Cleisthenes after the expulsion of the tyrants, when he enrolled in his tribes many resident aliens who had been foreigners or slaves. The dispute as to these is not about the fact of their citizenship, but whether they received it wrongly or rightly. Yet even as to this one might raise the further question,

  51. urn:cts:greekLit:tlg0086.tlg035:1276a

    § 1276a whether, if a man is not rightly a citizen, he is a citizen at all, as'wrongly' means the same as'not truly.' But we sometimes see officials governing wrongly, as to whom we shall not deny that they do govern, but shall say that they do not do it rightly, and a citizen is defined by a certain function of government (a citizen, as we said, is one who shares in such and such an office); therefore it is clear that even persons wrongly admitted to citizenship are to be pronounced to be citizens, although the question whether they are so rightly or not rightly is connected with the question that was propounded before. For some persons raise the question, When is an occurrence the act of the state and when is it not? for example, when the government has been altered from oligarchy or tyranny to democracy. In such circumstances some people claim that the new government should not discharge public debts, on the ground that the money was borrowed by the tyrant and not by the state, and should repudiate many other similar claims also, because some forms of government rest upon force and are not aimed at the welfare of the community. If therefore some democracies also are governed in that manner, the acts of the authorities in their case can only be said to be the acts of the state in the same sense as the public acts emanating from an oligarchy or a tyranny are said to be. Akin to this controversy seems to be the subject, What exactly is the principle on which we ought to pronounce a city to be the same city as it was before, or not the same but a different city? The most obvious mode of inquiring into this difficulty deals with place and people: the place and the people may have been divided, and some may have settled in one place, and some in another. In this form the question must be considered as easier of solution; for, as'city' has several meanings, the inquiry so put is in a way not difficult. But it may similarly be asked, Suppose a set of men inhabit the same place, in what circumstances are we to consider their city to be a single city? Its unity clearly does not depend on the walls, for it would be possible to throw a single wall round the Peloponnesus; and a case in point perhaps is Babylon, and any other city that has the circuit of a nation rather than of a city; for it is said that when Babylon was captured a considerable part of the city was not aware of it three days later. But the consideration of this difficulty will be serviceable for another occasion, as the student of politics must not ignore the question, What is the most advantageous size for a city, and should its population be of one race or of several? But are we to pronounce a city, where the same population inhabit the same place, to be the same city so long as the population are of the same race, in spite of the fact that all the time some are dying and others being born, just as it is our custom to say that a river or a spring is the same river or spring although one stream of water is always being added to it and another being withdrawn from it, or are we to say that though the people are the same people for the similar reason of continuity, yet the city is a different city?

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    § 1276b For inasmuch as a state is a kind of partnership, and is in fact a partnership of citizens in a government, when the form of the government has been altered and is different it would appear to follow that the state is no longer the same state, just as we say that a chorus which on one occasion acts a comedy and on another a tragedy is a different chorus although it is often composed of the same persons, and similarly with any other common whole or composite structure we say it is different if the form of its structure is different — for instance a musical tune consisting of the same notes we call a different tune if at one time it is played in the Dorian mode and at another in the Phrygian. Therefore if this is the case, it is clear that we must speak of a state as being the same state chiefly with regard to its constitution; and it is possible for it to be called by the same or by a different designation both when its inhabitants are the same and when they are entirely different persons. But whether a state is or is not bound in justice to discharge its engagements when it has changed to a different constitution, is another subject. [3.5] The next thing to consider after what has now been said is the question whether we are to hold that the goodness of a good man is the same as that of a good citizen, or not the same. However, if this point really is to receive investigation, we must first ascertain in some general outline what constitutes the excellence of a citizen. Now a citizen we pronounced to be one sort of partner in a community, as is a sailor. And although sailors differ from each other in function — one is an oarsman, another helmsman, another look-out man, and another has some other similar special designation — and so clearly the most exact definition of their excellence will be special to each, yet there will also be a common definition of excellence that will apply alike to all of them; for security in navigation is the business of them all, since each of the sailors aims at that. Similarly therefore with the citizens, although they are dissimilar from one another, their business is the security of their community, and this community is the constitution, so that the goodness of a citizen must necessarily be relative to the constitution of the state. If therefore there are various forms of constitution, it is clear that there cannot be one single goodness which is the perfect goodness of the good citizen; but when we speak of a good man we mean that he possesses one single goodness, perfect goodness. Hence it is manifestly possible to be a good citizen without possessing the goodness that constitutes a good man. Moreover it is also feasible to pursue the same topic by raising the question in another manner in relation to the best form of constitution. If it is impossible for a state to consist entirely of good men, and if it is necessary for each person to perform well the work of his position, and to do this springs from goodness, then because it is impossible for all the citizens to be alike,

  53. urn:cts:greekLit:tlg0086.tlg035:1277a

    § 1277a the goodness of a good citizen would not be one and the same as the goodness of a good man; for all ought to possess the goodness of the good citizen (that is a necessary condition of the state's being the best possible), but it is impossible that all should possess the goodness of a good man, if it is not necessary that all the citizens in a good state should be good men. Again, since the state consists of unlike persons — just as an animal (to take this instance first) consists of soul and body, and a soul of reason and appetite, and a household of husband and wife and [ownership involves] a master and slave, in the same manner a state consists of all of these persons and also of others of different classes in addition to these, — it necessarily follows that the goodness of all the citizens is not one and the same, just as among dancers the skill of a head dancer is not the same as that of a subordinate leader. It is clear then from these considerations that the goodness of a good citizen and that of a good man are not the same in general; but will the goodness of a good citizen of a particular sort be the same as that of a good man? Now we say that a good ruler is virtuous and wise, and that a citizen taking part in politics must be wise. Also some people say that even the education of a ruler must be different, as indeed we see that the sons of kings are educated in horsemanship and military exercises, [3.6] and Euripides says “No subtleties for me, but what the state Requireth” implying that there is a special education for a ruler. And if the goodness of a good ruler is the same as the goodness of a good man, yet the person ruled is also a citizen, so that the goodness of a citizen in general will not be the same as that of a man, although that of a particular citizen will; for goodness as a ruler is not the same as goodness as a citizen, and no doubt this is the reason why Jason said that when he was not tyrant he went hungry, meaning that he did not know the art of being a private person. Another point is that we praise the ability to rule and to be ruled, and it is doubtless held that the goodness of a citizen consists in ability both to rule and to be ruled well. If then we lay it down that the goodness of the good man is displayed in ruling, whereas that of the citizen is shown in both capacities, the two capacities cannot be equally laudable. Since therefore both views are sometimes accepted, and it is thought that the ruler and the subject do not have to learn the same arts but that the citizen must know both arts and share in both capacities,.... And it may be discerned from the following illustration: one form of authority is that of a master; by this we mean the exercise of authority in regard to the necessary work of the house, which it is not necessary for the master to know how to execute, but rather how to utilize; the other capacity, I mean the ability actually to serve in these menial tasks, is indeed a slave's quality. But we distinguish several kinds of slave, as their employments are several. One department belongs to the handicraftsmen, who as their name implies are the persons that live by their hands,

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    § 1277b a class that includes the mechanic artisan. Hence in some states manual laborers were not admitted to office in old times, before the development of extreme democracy. The tasks of those who are under this form of authority therefore it is not proper for the good man or the man fit for citizenship or the good citizen to learn, except for his own private use occasionally (for then it ceases to be a case of the one party being master and the other slave). But there exists a form of authority by which a man rules over persons of the same race as himself, and free men (for that is how we describe political authority), and this the ruler should learn by being ruled, just as a man should command cavalry after having served as a trooper, command a regiment after having served in a regiment and been in command of a company and of a platoon. Hence there is much truth in the saying that it is impossible to become a good ruler without having been a subject. And although the goodness of a ruler and that of a subject are different, the good citizen must have the knowledge and the ability both to be ruled and to rule, and the merit of the good citizen consists in having a knowledge of the government of free men on both sides. And therefore both these virtues are characteristic of a good man, even if temperance and justice in a ruler are of a different kind from temperance and justice in a subject; for clearly a good man's virtue, for example his justice, will not be one and the same when he is under government and when he is free, but it will be of different kinds, one fitting him to rule and one to be ruled, just as temperance and courage are different in a man and in a woman (for a man would be thought a coward if he were only as brave as a brave woman, and a woman a chatterer if she were only as modest as a good man; since even the household functions of a man and of a woman are different — his business is to get and hers to keep). And practical wisdom alone of the virtues is a virtue peculiar to a ruler; for the other virtues seem to be necessary alike for both subjects and rulers to possess, but wisdom assuredly is not a subject's virtue, but only right opinion: the subject corresponds to the man who makes flutes and the ruler to the flute-player who uses them. [3.7] The question whether the goodness of a good man is the same as that of a good citizen or different, and how they are the same and how different, is clear from these considerations. [3.8] But one of the difficulties as to what constitutes a citizen is still left. Is it truly the case that a citizen is a person who has the right to share office in the government, or are the working classes also to be counted citizens? If these persons also are to be counted who have no share in offices, it is not possible for every citizen to possess the citizen's virtue; for the true citizen is the man capable of governing. If on the other hand no one of the working people is a citizen, in what class are the various workers to be ranked? for they are neither resident aliens nor foreigners. Or shall we say that so far as that argument goes no inconsistency results?

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    § 1278a for slaves also are not in one of the classes mentioned, nor are freedmen. For it is true that not all the persons indispensable for the existence of a state are to be deemed citizens, since even the sons of citizens are not citizens in the same sense as the adults: the latter are citizens in the full sense, the former only by presumption — they are citizens, but incomplete ones. In ancient times in fact the artisan class in some states consisted of slaves or aliens, owing to which the great mass of artisans are so even now; and the best-ordered state will not make an artisan a citizen. While if even the artisan is a citizen, then what we said to be the citizen's virtue must not be said to belong to every citizen, nor merely be defined as the virtue of a free man, but will only belong to those who are released from menial occupations. Among menial occupations those who render such services to an individual are slaves, and those who do so for the community are artisans and hired laborers. The state of the case about them will be manifest from what follows when we consider it a little further[, for what has been said when made known itself makes it clear]. As there are several forms of constitution, it follows that there are several kinds of citizen, and especially of the citizen in a subject position; hence under one form of constitution citizenship will necessarily extend to the artisan and the hired laborer, while under other forms this is impossible, for instance in any constitution that is of the form entitled aristocratic and in which the honors are bestowed according to goodness and to merit, since a person living a life of manual toil or as a hired laborer cannot practise the pursuits in which goodness is exercised. In oligarchies on the other hand, though it is impossible for a hired laborer to be a citizen (since admission to office of various grades is based on high property-assessments), it is possible for an artisan; for even the general mass of the craftsmen are rich. At Thebes there was a law that no one who had not kept out of trade for the last ten years might be admitted to office. But under many constitutions the law draws recruits even from foreigners; for in some democracies the son of a citizen-mother is a citizen, and the same rule holds good as to base-born sons in many places. Nevertheless, inasmuch as such persons are adopted as citizens owing to a lack of citizens of legitimate birth (for legislation of this kind is resorted to because of under-population), when a state becomes well off for numbers it gradually divests itself first of the sons of a slave father or mother, then of those whose mothers only were citizens, and finally only allows citizenship to the children of citizens on both sides. These facts then show that there are various kinds of citizen, and that a citizen in the fullest sense means the man who shares in the honors of the state, as is implied in the verse of Homer: “Like to some alien settler without honor,” — since a native not admitted to a share in the public honors is like an alien domiciled in the land. But in some places this exclusion is disguised, for the purpose of deceiving those who are a part of the population. [3.9] The answer therefore to the question,

  56. urn:cts:greekLit:tlg0086.tlg035:1278b

    § 1278b Is the goodness that makes a good man to be deemed the same as that which makes a worthy citizen, or different? is now clear from what has been said in one form of state the good man and the good citizen are the same, but in another they are different, and also in the former case it is not every citizen but only the statesman, the man who controls or is competent to control, singly or with colleagues, the administration of the commonwealth, that is essentially also a good man. [3.10] And since these points have been determined, the next question to be considered is whether we are to lay it down that there is only one form of constitution or several, and if several, what they are and how many and what are the differences between them. Now a constitution is the ordering of a state in respect of its various magistracies, and especially the magistracy that is supreme over all matters. For the government is everywhere supreme over the state and the constitution is the government. I mean that in democratic states for example the people are supreme, but in oligarchies on the contrary the few are; and we say that they have a different constitution. And we shall use the same language about the other forms of government also. [3.11] We have therefore to determine first the fundamental points, what is the object for which a state exists and how many different kinds of system there are for governing mankind and for controlling the common life. [3.12] Now it has been said in our first discourses, in which we determined the principles concerning household management and the control of slaves, that man is by nature a political animal; and so even when men have no need of assistance from each other they none the less desire to live together. At the same time they are also brought together by common interest, so far as each achieves a share of the good life. The good life then is the chief aim of society, both collectively for all its members and individually; but they also come together and maintain the political partnership for the sake of life merely, for doubtless there is some element of value contained even in the mere state of being alive, provided that there is not too great an excess on the side of the hardships of life, and it is clear that the mass of mankind cling to life at the cost of enduring much suffering, which shows that life contains some measure of well-being and of sweetness in its essential nature. [3.13] And again, the several recognized varieties of government can easily be defined; in fact we frequently discuss them in our external discourses. The authority of a master over a slave, although in truth when both master and slave are designed by nature for their positions their interests are the same, nevertheless governs in the greater degree with a view to the interest of the master, but incidentally with a view to that of the slave, for if the slave deteriorates the position of the master cannot be saved from injury. Authority over children and wife [and over the whole household, which we call the art of household management ] is exercised either in the interest of those ruled or for some common interest of both parties, — essentially, in the interest of the ruled, as we see that the other arts also,

  57. urn:cts:greekLit:tlg0086.tlg035:1279a

    § 1279a like medicine and athletic training, are pursued in the interest of the persons upon whom they are practised, although incidentally they may also be in the interest of the practitioners themselves; for nothing prevents the trainer from being on occasions himself also one of the persons in training, just as the pilot is always a member of the crew; so although the trainer or pilot studies the good of those under his authority, when he himself also becomes one among them he incidentally shares the benefit, for the pilot is a sailor in the ship and the trainer can become one of the persons in training under his own direction. Hence in regard to the political offices also, when the state is constituted on the principle of equality and of similarity between the citizens, these claim to hold office by turn — in earlier times, under the natural system, claiming to do public services in turn, and for somebody in return to look after their own welfare just as previously they looked after his interest when in office themselves; but nowadays owing to the benefits to be got from public sources and from holding office people wish to be in office continuously, just as if it were the case that those in office although sickly people always enjoyed good health — in which case office would no doubt be much run after by invalids. [3.14] It is clear then that those constitutions that aim at the common advantage are in effect rightly framed in accordance with absolute justice, while those that aim at the rulers' own advantage only are faulty, and are all of them deviations from the right constitutions; for they have an element of despotism, whereas a city is a partnership of free men. [3.15] These matters having been determined the next step is to consider how many forms of constitution there are and what they are; and first to study the right forms of constitution, since the deviations will also become manifest when these are defined. [3.16] But inasmuch as'constitution' means the same as'government,' and the government is the supreme power in the state, and this must be either a single ruler or a few or the mass of the citizens, in cases when the one or the few or the many govern with an eye to the common interest, these constitutions must necessarily be right ones, while those administered with an eye to the private interest of either the one or the few or the multitude are deviations. For either we must not say that those who are part of the state are citizens, or those who are part of the state must share in the advantage of membership. Our customary designation for a monarchy that aims at the common advantage is'kingship'; for a government of more than one yet only a few'aristocracy' (either because the best men rule or because they rule with a view to what is best for the state and for its members); while when the multitude govern the state with a view to the common advantage, it is called by the name common to all the forms of constitution,'constitutional government.' (And this comes about reasonably, since although it is possible for one man or a few to excel in virtue, when the number is larger it becomes difficult for them to possess perfect excellence in respect of every form of virtue,

  58. urn:cts:greekLit:tlg0086.tlg035:1279b

    § 1279b but they can best excel in military valor, for this is found with numbers; and therefore with this form of constitution the class that fights for the state in war is the most powerful, and it is those who possess arms who are admitted to the government.) Deviations from the constitutions mentioned are tyranny corresponding to kingship, oligarchy to aristocracy, and democracy to constitutional government; for tyranny is monarchy ruling in the interest of the monarch, oligarchy government in the interest of the rich, democracy government in the interest of the poor, and none of these forms governs with regard to the profit of the community. [3.17] But it is necessary to say at a little greater length what each of these constitutions is; for the question involves certain difficulties, and it is the special mark of one who studies any subject philosophically, and not solely with regard to its practical aspect, that he does not overlook or omit any point, but brings to light the truth about each. Now tyranny, as has been said, is monarchy exerting despotic power over the political community; oligarchy is when the control of the government is in the hands of those that own the properties; democracy is when on the contrary it is in the hands of those that do not possess much property, but are poor. A first difficulty is with regard to the definition. If the majority of the citizens were wealthy and were in control of the state, yet when the multitude is in power it is a democracy, and similarly, to take the other case, if it were to occur somewhere that the poor were fewer than the rich but were stronger than they and accordingly were in control of the government, yet where a small number is in control it is said to be an oligarchy, then it would seem that our definition of the forms of constitution was not a good one. And once again, if one assumed the combination of small numbers with wealth and of multitude with poverty, and named the constitutions thus — one in which the rich being few in number hold the offices, oligarchy: one in which the poor being many in number hold the offices, democracy, — this involves another difficulty. What names are we to give to the constitutions just described — the one in which there are more rich and the one in which the poor are the fewer, and these control their respective governments — if there exists no other form of constitution beside those mentioned? The argument therefore seems to make it clear that for few or many to have power is an accidental feature of oligarchies in the one case and democracies in the other, due to the fact that the rich are few and the poor are many everywhere (so that it is not really the case that the points mentioned constitute a specific difference), but that the real thing in which democracy and oligarchy differ from each other is poverty and wealth;

  59. urn:cts:greekLit:tlg0086.tlg035:1280a

    § 1280a and it necessarily follows that wherever the rulers owe their power to wealth, whether they be a minority or a majority, this is an oligarchy, and when the poor rule, it is a democracy, although it does accidentally happen, as we said, that where the rulers hold power by wealth they are few and where they hold power by poverty they are many, because few men are rich but all men possess freedom, and wealth and freedom are the grounds on which the two classes lay claim to the government. [3.18] And first we must ascertain what are stated to be the determining qualities of oligarchy and democracy, and what is the principle of justice under the one form of government and under the other. For all men lay hold on justice of some sort, but they only advance to a certain point, and do not express the principle of absolute justice in its entirety. For instance, it is thought that justice is equality, and so it is, though not for everybody but only for those who are equals; and it is thought that inequality is just, for so indeed it is, though not for everybody, but for those who are unequal; but these partisans strip away the qualification of the persons concerned, and judge badly. And the cause of this is that they are themselves concerned in the decision, and perhaps most men are bad judges when their own interests are in question. Hence inasmuch as'just' means just for certain persons, and it is divided in the same way in relation to the things to be distributed and the persons that receive them, as has been said before in the Ethics, the two parties agree as to what constitutes equality in the thing, but dispute as to what constitutes equality in the person, chiefly for the reason just now stated, because men are bad judges where they themselves are concerned, but also, inasmuch as both parties put forward a plea that is just up to a certain point, they think that what they say is absolutely just. For the one side think that if they are unequal in some respects, for instance in wealth, they are entirely unequal, and the other side think that if they are equal in some respects, for instance in freedom, they are entirely equal. But the most important thing they do not mention. If men formed the community and came together for the sake of wealth, their share in the state is proportionate to their share in the property, so that the argument of the champions of oligarchy would appear to be valid — namely that in a partnership with a capital of 100 minae it would not be just for the man who contributed one mina to have a share whether of the principal or of the profits accruing equal to the share of the man who supplied the whole of the remainder; but if on the other hand the state was formed not for the sake of life only but rather for the good life (for otherwise a collection of slaves or of lower animals would be a state, but as it is, it is not a state, because slaves and animals have no share in well-being or in purposive life), and if its object is not military alliance for defence against injury by anybody, and it does not exist for the sake of trade and of business relations — for if so, Etruscans and Carthaginians and all the people that have commercial relations with one another would be virtually citizens of a single state; at all events they have agreements about imports and covenants as to abstaining from dishonesty and treaties of alliance for mutual defence;

  60. urn:cts:greekLit:tlg0086.tlg035:1280b

    § 1280b but they do not have officials common to them all appointed to enforce these covenants, but different officials with either party, nor yet does either party take any concern as to the proper moral character of the other, nor attempt to secure that nobody in the states under the covenant shall be dishonest or in any way immoral, but only that they shall not commit any wrong against each other. All those on the other hand who are concerned about good government do take civic virtue and vice into their purview. Thus it is also clear that any state that is truly so called and is not a state merely in name must pay attention to virtue; for otherwise the community becomes merely an alliance, differing only in locality from the other alliances, those of allies that live apart. And the law is a covenant or, in the phrase of the sophist Lycophron, a guarantee of men's just claims on one another, but it is not designed to make the citizens virtuous and just. And that this is how the matter stands is manifest. For if one were actually to bring the sites of two cities together into one, so that the city-walls of Megara and those of Corinth were contiguous, even so they would not be one city; nor would they if they enacted rights of intermarriage with each other, although intermarriage between citizens is one of the elements of community which are characteristic of states. And similarly even if certain people lived in separate places yet not so far apart as not to have intercourse, but had laws to prevent their wronging one another in their interchange of products — for instance, if one man were a carpenter, another a farmer, another a shoemaker and another something else of the kind, — and the whole population numbered ten thousand, but nevertheless they had no mutual dealings in anything else except such things as exchange of commodities and military alliance, even then this would still not be a state. What then exactly is the reason for this? for clearly it is not because their intercourse is from a distance since even if they came together for intercourse of this sort (each nevertheless using his individual house as a city) and for one another's military aid against wrongful aggressors only, as under a defensive alliance, not even then would they seem to those who consider the matter carefully to constitute a state, if they associated on the same footing when they came together as they did when they were apart. It is manifest therefore that a state is not merely the sharing of a common locality for the purpose of preventing mutual injury and exchanging goods. These are necessary preconditions of a state's existence, yet nevertheless, even if all these conditions are present, that does not therefore make a state, but a state is a partnership of families and of clans in living well, and its object is a full and independent life. At the same time this will not be realized unless the partners do inhabit one and the same locality and practise intermarriage; this indeed is the reason why family relationships have arisen throughout the states, and brotherhoods and clubs for sacrificial rites and social recreations. But such organization is produced by the feeling of friendship, for friendship is the motive of social life; therefore, while the object of a state is the good life, these things are means to that end. And a state is the partnership of clans and villages in a full and independent life,

  61. urn:cts:greekLit:tlg0086.tlg035:1281a

    § 1281a which in our view constitutes a happy and noble life; the political fellowship must therefore be deemed to exist for the sake of noble actions, not merely for living in common. Hence those who contribute most to such fellowship have a larger part in the state than those who are their equals or superiors in freedom and birth but not their equals in civic virtue, or than those who surpass them in wealth but are surpassed by them in virtue. It is therefore clear from what has been said that all those who dispute about the forms of constitution assert a part of the just principle. [3.19] But it is a matter of question what ought to be the sovereign power in the state. Clearly it must be either the multitude, or the rich, or the good, or the one man who is best of all, or a tyrant. But all of these arrangements appear to involve disagreeable consequences. For instance, if the poor take advantage of their greater numbers to divide up the property of the rich, is not this unjust? No, it may be said, for it was a resolution made by the supreme authority in just form. Then what must be pronounced to be the extreme of injustice? And again, when everybody is taken into account, suppose the majority share out among themselves the property of the minority, it is manifest that they are destroying the state; but assuredly virtue does not destroy its possessor, and justice is not destructive of the state, so that it is clear that this principle also cannot be just. Also it follows from it that all the actions done by a tyrant are just, for his use of force is based upon superior strength, as is the compulsion exerted by the multitude against the rich. But is it just that the minority and the rich should rule? Suppose therefore they also act in the same way and plunder and take away the property of the multitude, is this just? If it is, so also is the plunder of the rich by the multitude. It is clear therefore that all these things are bad and not just. But ought the good to rule, and be in control of all classes? If so, then it follows that all the other classes will be dishonored, if they are not honored by holding the offices of government; for we speak of offices as honors, and if the same persons are always in office the rest must necessarily be excluded from honor. But is it better for the most virtuous individual to be the ruler? But that is still more oligarchical, for the people excluded from honor will be more numerous. But perhaps some one would say that in any case it is a bad thing for a human being, having in his soul the passions that are the attributes of humanity, to be sovereign, and not the law. Suppose therefore that law is sovereign, but law of an oligarchic or democratic nature, what difference will it make as regards the difficulties that have been raised? for the results described before will come about just the same. [3.20] Most of these points therefore must be discussed on another occasion; but the view that it is more proper for the multitude to be sovereign than the few of greatest virtue might be thought to be explicable and to have some justification, and even to be the true view. For it is possible that the many, though not individually good men,

  62. urn:cts:greekLit:tlg0086.tlg035:1281b

    § 1281b yet when they come together may be better, not individually but collectively, than those who are so, just as public dinners to which many contribute are better than those supplied at one man's cost; for where there are many, each individual, it may be argued, has some portion of virtue and wisdom, and when they have come together, just as the multitude becomes a single man with many feet and many hands and many senses, so also it becomes one personality as regards the moral and intellectual faculties. This is why the general public is a better judge of the works of music and those of the poets, because different men can judge a different part of the performance, and all of them all of it. But the superiority of good men over the mass of men individually, like that of handsome men, so it is said, over plain men and of the works of the painter's art over the real objects, really consists in this, that a number of scattered good points have been collected together into one example; since if the features be taken separately, the eye of one real person is more beautiful than that of the man in the picture, and some other feature of somebody else. It is not indeed clear whether this collective superiority of the many compared with the few good men can possibly exist in regard to every democracy and every multitude, and perhaps it may be urged that it is manifestly impossible in the case of some — for the same argument would also apply to animals, yet what difference is there, practically, between some multitudes and animals? — but nothing prevents what has been said from being true about some particular multitude. One might therefore employ these considerations to solve not only the previously stated difficulty but also the related question, over what matters is the authority of the freemen, the mass of the citizens, to extend (using that expression to denote those who are not rich nor possessed of any distinguishing excellence at all)? For it is not safe for them to participate in the highest offices (for injustice and folly would inevitably cause them to act unjustly in some things and to make mistakes in others), but yet not to admit them and for them not to participate is an alarming situation, for when there are a number of persons without political honors and in poverty, the city then is bound to be full of enemies. It remains therefore for them to share the deliberative and judicial functions. For this reason Solon and certain other lawgivers appoint the common citizens to the election of the magistrates and the function of calling them to audit, although they do not allow them to hold office singly. For all when assembled together have sufficient discernment, and by mingling with the better class are of benefit to the state, just as impure food mixed with what is pure makes the whole more nourishing than the small amount of pure food alone; but separately the individual is immature in judgement. This arrangement of the constitution is however open to question in the first place on the ground that it might be held that the best man to judge which physician has given the right treatment is the man that is himself capable of treating and curing the patient of his present disease, and this is the man who is himself a physician;

  63. urn:cts:greekLit:tlg0086.tlg035:1282a

    § 1282a and that this is the case similarly with regard to the other arts and crafts. Hence just as a court of physicians must judge the work of a physician, so also all other practitioners ought to be called to account before their fellows. But'physician' means both the ordinary practitioner, and the master of the craft, and thirdly, the man who has studied medicine as part of his general education (for in almost all the arts there are some such students, and we assign the right of judgement just as much to cultivated amateurs as to experts). Further the same might be thought to hold good also of the election of officials, for to elect rightly is a task for experts — for example, it is for experts in the science of mensuration to elect a land-surveyor and for experts in navigation to choose a pilot; for even though in some occupations and arts some laymen also have a voice in appointments, yet they certainly do not have more voice than the experts. Hence according to this argument the masses should not be put in control over either the election of magistrates or their audit. But perhaps this statement is not entirely correct, both for the reason stated above, in case the populace is not of too slavish a character (for although each individual separately will be a worse judge than the experts, the whole of them assembled together will be better or at least as good judges), and also because about some things the man who made them would not be the only nor the best judge, in the case of professionals whose products come within the knowledge of laymen also: to judge a house, for instance, does not belong only to the man who built it, but in fact the man who uses the house (that is, the householder) will be an even better judge of it, and a steersman judges a rudder better than a carpenter, and the diner judges a banquet better than the cook. [3.21] This difficulty then might perhaps be thought to be satisfactorily solved in this way. But there is another connected with it: it is thought to be absurd that the base should be in control over more important matters than the respectable; but the audits and the elections of magistrates are a very important matter, yet in some constitutions, as has been said, they are assigned to the common people, for all such matters are under the control of the assembly, yet persons of a low property-assessment and of any age take part in the assembly and the council and sit on juries, whereas treasury officials, generals and the holders of the highest magistracies are drawn from among persons of large property. Now this difficulty also may be solved in a similar way; for perhaps these regulations also are sound, since it is not the individual juryman or councillor or member of the assembly in whom authority rests, but the court, the council and the people, while each of the individuals named (I mean the councillor, the members of assembly and the juryman) is a part of those bodies. Hence justly the multitude is sovereign in greater matters, for the popular assembly, the council and the jury-court are formed of a number of people, and also the assessed property of all these members collectively is more than that of the magistrates holding great offices individually or in small groups. [3.22] Let these points therefore be decided in this manner.

  64. urn:cts:greekLit:tlg0086.tlg035:1282b

    § 1282b But the difficulty first mentioned proves nothing else so clearly as that it is proper for the laws when rightly laid down to be sovereign, while the ruler or rulers in office should have supreme powers over matters as to which the laws are quite unable to pronounce with precision because of the difficulty of making a general rule to cover all cases. We have not however yet ascertained at all what particular character a code of laws correctly laid down ought to possess, but the difficulty raised at the start still remains; for necessarily the laws are good or bad, just or unjust, simultaneously with and similarly to the constitutions of states (though of course it is obvious that the laws are bound to be adapted to the constitution); yet if so, it is clear that the laws in conformity with the right constitutions must necessarily be just and those in conformity with the divergent forms of constitution unjust. [3.23] And inasmuch as in all the sciences and arts the End is a good, and the greatest good and good in the highest degree in the most authoritative of all, which is the political faculty, and the good in the political field, that is, the general advantage, is justice, it is therefore thought by all men that justice is some sort of equality, and up to a certain point at all events they agree with the philosophical discourses in which conclusions have been reached about questions of ethics; for justice is a quality of a thing in relation to persons, and they hold that for persons that are equal the thing must be equal. But equality in what characteristics does this mean, and inequality in what? This must be made clear, since this too raises a difficulty, and calls for political philosophy. For perhaps someone might say that the offices of state ought to be distributed unequally according to superiority in every good quality, even if the candidates in all other respects did not differ at all but were exactly alike, because men that are different have different rights and merits. Yet if this is true, those who are superior in complexion or stature or any good quality will have an advantage in respect of political rights. But surely the error here is obvious, and it comes out clearly if we consider the other sciences and faculties. Among flute-players equally good at their art it is not proper to give an advantage in respect of the flutes to those of better birth, for they will not play any better, but it is the superior performers who ought to be given the superior instruments. And if our meaning is not yet plain, it will become still clearer when we have carried the matter further. Suppose someone is superior in playing the flute but much inferior in birth or in good looks, then, even granting that each of these things — birth and beauty — is a greater good than ability to play the flute, and even though they surpass flute-playing proportionately more than the best flute-player surpasses the others in flute-playing, even so the best flute-player ought to be given the outstandingly good flutes;

  65. urn:cts:greekLit:tlg0086.tlg035:1283a

    § 1283a for otherwise superiority both in wealth and in birth ought to contribute to the excellence of the performance, but they do not do so at all. Moreover on this theory every good thing would be commensurable with every other. For if to be of some particular height gave more claim, then height in general would be in competition with wealth and with free birth; therefore if A excels in height more than B does in virtue, and speaking generally size gives more superiority than virtue, all things would be commensurable for; if such-and-such an amount of one thing is better than such-and-such an amount of another, it is clear that such-and-such an amount of the one is equal to that amount of another. But since this is impossible, it is clear that in politics with good reason men do not claim a right to office on the ground of inequality of every kind — if one set of men are slow runners and another fast, this is no good ground for the one set having more and the other less political power, but the latter's superiority receives its honor in athletic contests; but the claim to office must necessarily be based on superiority in those things which go to the making of the state. Hence it is reasonable for the well-born, free and wealthy to lay claim to honor; for there must be free men and tax-payers, since a state consisting entirely of poor men would not be a state, any more than one consisting of slaves. But then, granting there is need of these, it is clear that there is also need of justice and civic virtue, for these are also indispensable in the administration of a state; except that wealth and freedom are indispensable for a state's existence, whereas justice and civic virtue are indispensable for its good administration. [3.24] As a means therefore towards a state's existence all or at all events some of these factors would seem to make a good claim, although as means to a good life education and virtue would make the most just claim, as has been said also before. On the other hand since those who are equal in one thing only ought not to have equality in all things nor those unequal as regards one thing inequality in all, it follows that all these forms of constitution must be deviations. Now it has been said before that all make a claim that is in a manner just, though not all a claim that is absolutely just; the rich claiming because they have a larger share of the land, and the land is common property, and also as being for the most part more faithful to their covenants; the free and well-born as being closely connected together (for the better-born are citizens to a greater degree than those of claims, low birth, and good birth is in every community held in honor at home), and also because it is probable that the children of better parents will be better, for good birth means goodness of breed; and we shall admit that virtue also makes an equally just claim, for we hold that justice is social virtue, which necessarily brings all the other virtues in its train; but moreover the majority have a just claim as compared with the minority, since they are stronger and richer and better if their superior numbers are taken in comparison with the others' inferior numbers. Therefore supposing all were in one city,

  66. urn:cts:greekLit:tlg0086.tlg035:1283b

    § 1283b I mean, that is, the good and the wealthy and noble and also an additional mass of citizens, will there be a dispute, or will there not, as to who ought to govern? It is true that under each of the forms of constitution that have been mentioned the decision as to who ought to govern is undisputed (for the difference between them lies in their sovereign classes — one is distinguished by being governed by the rich men, one by being governed by the good men, and similarly each of the others); but nevertheless we are considering the question how we are to decide between these classes supposing that they all exist in the state at the same period. [3.25] If then the possessors of virtue should be quite few in number, how is the decision to be made? ought we to consider their fewness in relation to the task, and whether they are able to administer the state, or sufficiently numerous to constitute a state? And there is some difficulty as regards all the rival claimants to political honors. Those who claim to rule because of their wealth might seem to have no justice in their proposal, and similarly also those who claim on the score of birth; for it is clear that if, to go a step further, a single individual is richer than all the others together, according to the same principle of justice it will obviously be right for this one man to rule over all, and similarly the man of outstanding nobility among the claimants on the score of free birth. And this same thing will perhaps result in the case of aristocratic government based on virtue; for if there be some one man who is better than the other virtuous men in the state, by the same principle of justice that man must be sovereign. Accordingly if it is actually proper for the multitude to be sovereign because they are better than the few, then also, if one person or if more than one but fewer than the many are better than the rest, it would be proper for these rather than the multitude to be sovereign. All these considerations therefore seem to prove the incorrectness of all of the standards on which men claim that they themselves shall govern and everybody else be governed by them. For surely even against those who claim to be sovereign over the government on account of virtue, and similarly against those who claim on account of wealth, the multitudes might be able to advance a just plea; for it is quite possible that at some time the multitude may be collectively better and richer than the few, although not individually. [3.26] Hence it is also possible to meet in this way the question which some persons investigate and put forward (for some raise the question whether the legislator desiring to lay down the rightest laws should legislate with a view to the advantage of the better people or that of the larger number) in cases when the situation mentioned occurs. And'right' must be taken in the sense of'equally right,' and this means right in regard to the interest of the whole state and in regard to the common welfare of the citizens; and a citizen is in general one who shares in governing and being governed,

  67. urn:cts:greekLit:tlg0086.tlg035:1284a

    § 1284a although he is different according to each form of constitution, but in relation to the best form a citizen is one who has the capacity and the will to be governed and to govern with a view to the life in accordance with virtue. [3.27] But if there is any one man so greatly distinguished in outstanding virtue, or more than one but not enough to be able to make up a complete state, so that the virtue of all the rest and their political ability is not comparable with that of the men mentioned, if they are several, or if one, with his alone, it is no longer proper to count these exceptional men a part of the state; for they will be treated unjustly if deemed worthy of equal status, being so widely unequal in virtue and in their political ability: since such a man will naturally be as a god among men. Hence it is clear that legislation also must necessarily be concerned with persons who are equal in birth and in ability, but there can be no law dealing with such men as those described, for they are themselves a law; indeed a man would be ridiculous if he tried to legislate for them, for probably they would say what in the story of Antisthenes the lions said when the hares made speeches in the assembly and demanded that all should have equality. This is why democratically governed states institute the system of ostracism, because of a reason of this nature; for these are the states considered to pursue equality most of all things, so that they used to ostracize men thought to be outstandingly powerful on account of wealth or popularity or some other form of political strength, and used to banish them out of the city for fixed periods of time. And there is a mythical story that the Argonauts left Heracles behind for a similar reason; for the Argo refused to carry him with the others because he was so much heavier than the sailors. Hence also those who blame tyranny and Periander's advice to Thrasybulus must not be thought to be absolutely right in their censure (the story is that Periander made no reply to the herald sent to ask his advice, but levelled the corn-field by plucking off the ears that stood out above the rest; and consequently, although the herald did not know the reason for what was going on, when he carried back news of what had occurred, Thrasybulus understood that he was to destroy the outstanding citizens); for this policy is advantageous not only for tyrants, nor is it only tyrants that use it, but the same is the case with oligarchies and democracies as well; for ostracism has in a way the same effect as docking off the outstanding men by exile. And the same course is adopted in regard to cities and races by the holders of sovereign power, for example the Athenians so dealt with the Samians and Chians and Lesbians (for no sooner did they get a strong hold of their empire than they humbled them in contravention of their covenants),

  68. urn:cts:greekLit:tlg0086.tlg035:1284b

    § 1284b and the king of the Persians frequently used to cut down the numbers of the Medes and Babylonians and the other races that had waxed proud because they had once been head of an empire. And the problem applies universally to all the forms of constitution, even the right forms; for while the divergent forms of government do this because their regard is fixed on their private advantage, nevertheless with the constitutions directed to the common good the same is the case. And this is also clear in the field of the other arts and sciences; a painter would not let his animal have its foot of disproportionately large size, even though it was an exceptionally beautiful foot, nor would a shipbuilder make the stern or some other part of a ship disproportionately big, nor yet will a trainer of choruses allow a man who sings louder and more beautifully than the whole band to be a member of it. Hence as far as this practice goes nothing prevents monarchs from being in harmony with the cities they rule, if they resort to it when their own personal rule is beneficial to the cities. Therefore in relation to acknowledged superiorities the argument for ostracism has a certain element of political justice. True, it is better for the lawgiver so to constitute the state at the outset that it does not need this medicine; but the next best course to steer, if occasion arises, is to endeavor to correct the constitution by some such method of rectification. But this was not what happened with the states, for they were not looking at what was advantageous for their proper constitution, but their acts of ostracism were done in a revolutionary spirit. In the divergent forms of constitution therefore it is evident that ostracism is advantageous and just under the special constitution, though perhaps it is also evident that it is not just absolutely; but in the case of the best constitution there is much doubt as to what ought to be done, not as regards superiority in the other things of value, such as strength and wealth and popularity, but in the case of a person becoming exceptionally distinguished for virtue. It certainly would not be said that such a man must be banished and got out of the way; yet nevertheless no doubt men would not think that they ought to rule over such a man, for that would be the same as if they claimed to rule over Zeus, dividing up his spheres of government. It remains therefore, and this seems to be the natural course, for all to obey such a man gladly, so that men of this sort may be kings in the cities for all time. [3.28] And perhaps it is well after the subjects that have been discussed to pass over to consider royal government; for we pronounce this to be one of the correct constitutions. And it has to be considered whether it is advantageous for a city or a country that is to be well administered to be ruled by a king, or whether it is not so but some other constitution is more expedient, or whether royal rule is expedient for some states and not for others. But it is needful to decide first whether there is only one sort of kingship or whether it has several varieties.

  69. urn:cts:greekLit:tlg0086.tlg035:1285a

    § 1285a [3.29] Now it is at all events easy to discern that kingship includes several kinds, and that the mode of government is not the same in all. For the kingship in the Spartan constitution, which is held to be a typical royalty of the kind guided by law, does not carry sovereignty in all matters, though when a king goes on a foreign expedition he is the leader in all matters relating to the war; and also matters relating to religion have been assigned to the kings. This kingship therefore is a sort of military command vested in generals with absolute powers and held for life; for the king has not authority to put a subject to death, except [in a certain reign] as in ancient times kings on their military expeditions could kill an offender out of hand, as Homer proves, for Agamemnon endured being reviled in the assemblies but when they were on an expedition had authority to put a man to death: at all events he says" But whomsoe'er I see far from the fray... [3.30] Shall have no hope to fly from dogs and vultures, For death is in my hands!" This then is one sort of kingship, a lifelong generalship, and some of the kingships of this kind are hereditary, others elective; and by its side there is another sort of monarchy, examples of which are kingships existing among some of the barbarians. The power possessed by all of these resembles that of tyrannies, but they govern according to law and are hereditary; for because the barbarians are more servile in their nature than the Greeks, and the Asiatics than the Europeans, they endure despotic rule without any resentment. These kingships therefore are for these reasons of a tyrannical nature, but they are secure because they are hereditary and rule by law. Also their bodyguard is of a royal and not a tyrannical type for the same reason; for kings are guarded by the citizens in arms, whereas tyrants have foreign guards, for kings rule in accordance with law and over willing subjects, but tyrants rule over unwilling subjects, owing to which kings take their guards from among the citizens but tyrants have them to guard against the citizens. These then are two kinds of monarchy; while another is that which existed among the ancient Greeks, the type of rulers called aesymnetae. This, to put it simply, is an elective tyranny, and it differs from the monarchy that exists among barbarians not in governing without the guidance of law but only in not being hereditary. Some holders of this type of monarchy ruled for life, others until certain fixed limits of time or until certain undertakings were ended, as for example the people of Mitylene once elected Pittacus to resist the exiles under the leadership of Antimenides and the poet Alcaeus. That they elected Pittacus as tyrant is proved by Alcaeus in one of his catches; for he rebukes the people because “The base-born Pittacus they did set up As tyrant of the meek and luckless city, And all did greatly praise him.”

  70. urn:cts:greekLit:tlg0086.tlg035:1285b

    § 1285b These monarchies therefore now and in the past are of the nature of tyrannies because they are autocratic, but of the nature of kingships because they are elective and rule over willing subjects. A fourth class of royal monarchy consists of the hereditary legal kingships over willing subjects in the heroic period. For because the first of the line had been benefactors of the multitude in the arts or in war, or through having drawn them together or provided them with land, these kings used to come to the throne with the consent of the subjects and hand it on to their successors by lineal descent. And they had supreme command in war and control over all sacrifices that were not in the hands of the priestly class, and in addition to these functions they were judges in law-suits; some gave judgement not on oath and some on oath — the oath was taken by holding up the sceptre. These kings then of ancient times used to govern continuously in matters within the city and in the country and across the frontiers; but later on when gradually the kings relinquished some of their powers and had others taken from them by the multitudes, in the cities in general only the sacrifices were left to the kings, while where anything that deserves the name of royalty survived the kings only had the command in military expeditions across the frontiers. [3.31] There are then these kinds of kingship, four in number: one belonging to the heroic times, which was exercised over willing subjects, but in certain limited fields, for the king was general and judge and master of religious ceremonies; second, the barbarian monarchy, which is an hereditary despotism governing in conformity with law; third, the rule of the functionary called an aesymnetes, which is an elective tyranny; and fourth among these is the Spartan kingship, which may be described simply as an hereditary generalship held for life. These kingships then differ from one another in this manner. But a fifth kind of kingship is when a single ruler is sovereign over all matters in the way in which each race and each city is sovereign over its common affairs; this monarchy ranges with the rule of a master over a household, for just as the master's rule is a sort of monarchy in the home, so absolute monarchy is domestic mastership over a city, or over a race or several races. [3.32] There are therefore, we may say, virtually two kinds of kingship that have been examined, this one and the Spartan. For most of the others lie between these, since with them the king is sovereign over fewer things than under absolute monarchy, but over more than under the Spartan kingship. Hence our inquiry is virtually about two questions, one whether it is expedient or inexpedient for states to have a military commander holding office for life, and that either by descent or by class,

  71. urn:cts:greekLit:tlg0086.tlg035:1286a

    § 1286a and one whether it is expedient or inexpedient for one man to be sovereign over everything. Now the study of a military command of the kind mentioned has more the aspect of a legal than of a constitutional inquiry (for it is possible for this form of office to exist under all constitutions), so let it be dismissed at the first stage; but the remaining mode of kingship is a kind of constitution, so that it is necessary to consider this one and to run over the difficulties that it involves. [3.33] And the starting-point of the inquiry is the question whether it is more advantageous to be ruled by the best men or by the best laws. Those of the opinion that it is advantageous to be governed by a king think that laws enunciate only general principles but do not give directions for dealing with circumstances as they arise; so that in an art of any kind it is foolish to govern procedure by written rules (and indeed in Egypt physicians have the right to alter their prescription after four days, although if one of them alters it before he does so at his own risk); it is clear therefore that government according to written rules, that is laws, is not the best, for the same reason. At the same time, however, rulers ought to be in possession of the general principle before mentioned as well. And a thing that does not contain the emotional element is generally superior to a thing in which it is innate; now the law does not possess this factor, but every human soul necessarily has it. But perhaps someone might say that in compensation for this a single ruler will decide better about particular cases. Therefore it is clear that on the one hand the ruler must necessarily be a legislator, and that there must or be laws laid down, although these must not be sovereign where they go astray — admittedly in all other cases they ought to be sovereign; but on the other hand in matters which it is impossible for the law either to decide at all or to decide well, ought the one best man to govern or all the citizens? As it is, the citizens assembled hear lawsuits and deliberate and give judgements, but these judgements are all on particular cases. Now no doubt any one of them individually is inferior compared with the best man, but a state consists of a number of individuals, and just as a banquet to which many contribute dishes is finer than a single plain dinner, for this reason in many cases a crowd judges better than any single person. Also the multitude is more incorruptible — just as the larger stream of water is purer, so the mass of citizens is less corruptible than the few; and the individual's judgement is bound to be corrupted when he is overcome by anger or some other such emotion, whereas in the other case it is a difficult thing for all the people to be roused to anger and go wrong together. But the multitude must consist of the freemen, doing nothing apart from the law except about matters as to which the law must of necessity be deficient. And if this is not indeed easy to ensure in the case of many men, yet if there were a majority of good men and good citizens, would an individual make a more incorruptible ruler or rather those who though the majority in number yet are all good?

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    § 1286b The majority, is it not obvious? But it will be said that they will split up into factions, whereas with a single ruler this cannot happen. But against this must perhaps be set the fact that they are as virtuous in soul as the single ruler. If then the rule of the majority when these are all good men is to be considered an aristocracy, and that of the one man kingship, aristocracy would be preferable for the states to kingship, whether the royal office be conjoined with military force or without it, if it be possible to get a larger number of men than one who are of similar quality. And it was perhaps only owing to this that kingships existed in earlier times, because it was rare to find men who greatly excelled in virtue, especially as in those days they dwelt in small cities. Moreover they used to appoint their kings on the ground of public service, and to perform this is a task for the good men. But as it began to come about that many men arose who were alike in respect of virtue, they would no longer submit to royalty, but sought for some form of commonwealth, and set up a republican constitution. And as men becoming baser began to make money out of the community, it is reasonable to suppose that some such cause as this occasioned the rise of oligarchies; for they brought wealth into honor. And from oligarchies they first changed to tyrannies, and from tyrannies to democracy; for by constantly bringing the government into fewer hands owing to a base love of gain, they made the multitude stronger, so that it set upon the oligarchs, and democracies came into existence. But now that the states have come to be even greater than they were, perhaps it is not easy for yet another form of constitution beside democracy to come into existence. And even if one held that royal government is best for states, what is to be the position as regards the king's children? is the sovereignty to be hereditary? But this will be disastrous if the king's sons turn out to be like what some have been. It may be said that the king being sovereign will not in that case bequeath the throne to his children. But that is too much to be easy to believe: it would be difficult for a king to disinherit his sons, and an act of virtue above the level of human nature. And there is a difficulty also about the royal power: ought the man who is to reign as king to force to have an armed force about him, by means of which he will have power to compel those who may be unwilling to obey, or if not, how is it possible for him to administer his office? For even if he were a law-abiding sovereign and never acted according to his own will against the law, nevertheless it would be essential for him to have power behind him whereby to safeguard the laws. Probably therefore it is not difficult to define the regulations for a king of this sort: he must have a force of his own, but the force must be only so large as to be stronger than a single individual or even several individuals banded together, but weaker than the multitude, on the principle on which the men of old times used to assign bodyguards whenever they appointed somebody as what they termed aesymnetes or tyrant of the state, and also, when Dionysius asked for his guards, somebody advised him to give the same number of guards to the citizens of Syracuse.

  73. urn:cts:greekLit:tlg0086.tlg035:1287a

    § 1287a [3.34] Our discussion has now reached the case of the king who acts in all matters according to his own will, and we must examine this type of royalty. For the so-called constitutional monarchy, as we said, is not a special kind of constitution (since it is possible for a life-long generalship to exist under all constitutions, for example under a democracy and an aristocracy, and many people make one man sovereign over the administration, for instance there is a government of this sort in Epidamnus, and also at Opus to a certain smaller extent); but we have now to discuss what is called Absolute Monarchy, which is the monarchy under which the king governs all men according to his own will. Some people think that it is entirely contrary to nature for one person to be sovereign over all the citizens where the state consists of men who are alike; for necessarily persons alike in nature must in accordance with nature have the same principle of justice and the same value, so that inasmuch as for persons who are unequal to have an equal amount of food or clothing is harmful for their bodies, the same is the case also in regard to honors; similarly therefore it is wrong for those who are equal to have inequality, owing to which it is just for no one person to govern or be governed more than another, and therefore for everybody to govern and be governed alike in turn. And this constitutes law for regulation is law. Therefore it is preferable for the law to rule rather than any one of the citizens, and according to this same principle, even if it be better for certain men to govern, they must be appointed as guardians of the laws and in subordination to them; for there must be some government, but it is clearly not just, men say, for one person to be governor when all the citizens are alike. It may be objected that any case which the law appears to be unable to define, a human being also would be unable to decide. But the law first specially educates the magistrates for the purpose and then commissions them to decide and administer the matters that it leaves over'according to the best of their judgement,' and furthermore it allows them to introduce for themselves any amendment that experience leads them to think better than the established code. He therefore that recommends that the law shall govern seems to recommend that God and reason alone shall govern, but he that would have man govern adds a wild animal also; for appetite is like a wild animal, and also passion warps the rule even of the best men. Therefore the law is wisdom without desire. And there seems to be no truth in the analogy which argues from the arts that it is a bad thing to doctor oneself by book, but preferable to employ the experts in the arts. For they never act contrary to principle from motives of friendship, but earn their fee when (for instance) they have cured their patients, whereas holders of political office usually do many things out of spite and to win favor; since when people suspect even the physicians of being in the confidence of their enemies and of trying to make away with them for gain, in that case they would sooner look up the treatment in the books.

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    § 1287b Yet certainly physicians themselves call in other physicians to treat them when they are ill, and gymnastic trainers put themselves under other trainers when they are doing exercises, believing that they are unable to judge truly because they are judging about their own cases and when they are under the influence of feeling. Hence it is clear that when men seek for what is just they seek for what is impartial; for the law is that which is impartial. Again, customary laws are more sovereign and deal with more sovereign matters than written laws, so that if a human ruler is less liable to error than written laws, yet he is not less liable to error than the laws of custom. But also it is certainly not easy for the single ruler to oversee a multitude of things; it will therefore be necessary for the officials appointed by him to be numerous; so that what difference does it make whether this has been the arrangement immediately from the outset or the single ruler appoints them in this manner? Again, a thing that has also been said before, if the virtuous man justly deserves to rule because he is better, yet two good men are better than one: for that is the meaning of the line “When two together go” — and of the prayer of Agamemnon “May ten such fellow-councillors be mine.” And even now the magistrates, like the Athenian dicast, have power to judge certain cases about which the law is unable to give a clear declaration, since nobody disputes that in matters about which it can do so the law would be the best ruler and judge. But since, although some things can be covered by the laws, other things cannot, it is the latter that cause doubt and raise the question whether it is preferable for the best law to rule or the best man. For to lay down a law about things that are subjects for deliberation is an impossibility. Therefore men do not deny that it must be for a human being to judge about such matters, but they say that it ought not to be a single human being only but a number. For the individual official judges well when he has been instructed by the law, and it would doubtless seem curious if a person saw better when judging with two eyes and two organs of hearing and acting with two feet and hands than many persons with many, since even as it is monarchs make many eyes and ears and hands and feet their own, for they adopt persons that are friendly to their rule and to themselves as their fellow-rulers. Although therefore if these assistants are not friendly they will not act in conformity with the monarch's policy, if they are friends of him and of his rule, well, a friend is one's equal and like, so that if the monarch thinks that his friends ought to rule he thinks that people who are equal to and like himself ought to rule like himself. This then more or less is the case advanced by those who argue against kingship. [3.35] But perhaps, although this is a true account of the matter in some cases, it does not apply in others. For there is such a thing as being naturally fitted to be controlled by a master, and in another case, to be governed by a king, and in another, for citizenship, and this is just and expedient; but there is no such thing as natural fitness for tyranny, nor for any other of the forms of government that are divergences, for these come about against nature.

  75. urn:cts:greekLit:tlg0086.tlg035:1288a

    § 1288a But merely from what has been said, it is clear that among people who are alike and equal it is neither expedient nor just for one to be sovereign over all — neither when there are no laws, but he himself is in the place of law, nor when there are laws, neither when both sovereign and subjects are good nor when both are bad, nor yet when the sovereign is superior in virtue, except in a certain manner. What this manner is must be stated; and in a way it has been stated already even before. But first we must define what constitutes fitness for royal government, what fitness for aristocracy, and what for a republic. A fit subject for royal government is a populace of such a sort as to be naturally capable of producing a family of outstanding excellence for political leadership; a community fit for aristocracy is one that naturally produces a populace capable of being governed under the form of government fit for free men by those who are fitted by virtue for taking the part of leaders in constitutional government; a republican community, one in which there naturally grows up a military populace capable of being governed and of governing under a law that distributes the offices among the well-to-do in accordance with merit. When therefore it comes about that there is either a whole family or even some one individual that differs from the other citizens in virtue so greatly that his virtue exceeds that of all the others, then it is just for this family to be the royal family or this individual king, and sovereign over all matters. For, as has been said before, this holds good not only in accordance with the right that is usually brought forward by those who are founding aristocratic and oligarchic constitutions, and from the other side by those who are founding democratic ones (for they all make their claim on the ground of superiority, though not the same superiority), but it also holds good in accordance with the right spoken of before. For it is not seemly to put to death or banish, nor yet obviously to ostracize, such a man, nor is it seemly to call upon him to take his turn as a subject; for it is not in the order of nature for the part to overtop the whole, but the man that is so exceptionally outstanding has come to overtop the whole community. Hence it only remains for the community to obey such a man, and for him to be sovereign not in turn but absolutely. Let this be our answer to the questions as regards kingship, what are its varieties, and whether it is disadvantageous for states or advantageous, and for what states, and under what conditions. And since we pronounce the right constitutions to be three, and of these the one governed by the best men must necessarily be the best, and such is the one in which it has come about either that some one man or a whole family or a group of men is superior in virtue to all the citizens together, the latter being able to be governed and the former to govern on the principles of the most desirable life, and since in the first part of the discourse it was proved that the virtue of a man and that of a citizen in the best state must of necessity be the same, it is evident that a man becomes good in the same way and by the same means as one might establish an aristocratically or monarchically governed state,

  76. urn:cts:greekLit:tlg0086.tlg035:1288b

    § 1288b so that it will be almost the same education and habits that make a man good and that make him capable as a citizen or a king. These conclusions having been laid down, we must now endeavor to discuss the best form of constitution and to say in what way it is natural for it to come into existence and how it is natural for it to be organized.

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    § 1288b Book 4 In all the arts and the sciences that are not merely sectional but that in relation to some one class of subject are complete, it is the function of a single art or science to study what is suited to each class, for instance what sort of gymnastic exercise is beneficial for what sort of bodily frame, and what is the best sort (for the best must naturally suit the person of the finest natural endowment and equipment), and also what one exercise taken by all is the best for the largest number (for this is also a question for gymnastic science), and in addition, in case someone desires a habit of body and a knowledge of athletic exercises that are not the ones adapted to him, it is clearly just as much the task of the trainer and gymnastic master to produce this capacity also; and we notice this also happening similarly in regard to medicine, and shipbuilding, and the making of clothes, and every other craft. Hence it is clear that in the case of the constitution as well it is the business of the same science to study which is the best constitution and what character it must have to be the most ideal if no external circumstance stands in the way, and what constitution is adapted to what people (since for many it is doubtless impossible to attain the best one, so that the good lawgiver and the true statesman must be acquainted with both the form of constitution that is the highest absolutely and that which is best under assumed conditions), and also thirdly the form of constitution based on a certain supposition (for he must be also capable of considering both how some given constitution could be brought into existence originally and also in what way having been brought into existence it could be preserved for the longest time: I mean for example if it has befallen some state not only not to possess the best constitution and to be unprovided even with the things necessary for it, but also not to have the constitution that is practicable under the circumstances but an inferior one); and beside all these matters he must ascertain the form of constitution most suited to all states, since most of those who make pronouncements about the constitution, even if the rest of what they say is good, entirely miss the points of practical utility. For it is proper to consider not only what is the best constitution but also what is the one possible of achievement, and likewise also what is the one that is easier and more generally shared by all states. But as it is, some students inquire which is the highest form of all even though requiring much material equipment, while those who rather state some general form sweep aside the constitutions actually existing and praise that of Sparta or some other;

  78. urn:cts:greekLit:tlg0086.tlg035:1289a

    § 1289a but the proper course is to bring forward an organization of such a sort that men will easily be persuaded and be able in the existing circumstances to take part in it, since to reform a constitution is no less a task than to frame one from the beginning, just as to re-learn a science is just as hard as to learn it originally; in addition therefore to the things mentioned the student of politics must also be able to render aid to the constitutions that exist already, as was also said before. But this is impossible if he does not know how many kinds of constitution there are; but at present some people think that there is only one kind of democracy and one kind of oligarchy, but this is not true. Hence he must take in view the different varieties of the constitutions, and know how many there are and how many are their combinations. And after this it needs this same discrimination also to discern the laws that are the best, and those that are suited to each of the forms of constitution. For the laws should be laid down, and all people lay them down, to suit the constitutions — the constitutions must not be made to suit the laws; for a constitution is the regulation of the offices of the state in regard to the mode of their distribution and to the question what is the sovereign power in the state and what is the object of each community, but laws are distinct from the principles of the constitution, and regulate how the magistrates are to govern and to guard against those who transgress them. So that clearly it is necessary to be in possession of the different varieties of each form of constitution, and the number of these, even for the purpose of legislation; for it is impossible for the same laws to be expedient for all oligarchies or democracies if there are really several kinds of them, and not one sort of democracy or oligarchy only. [4.2] And inasmuch as in our first inquiry about the forms of the constitution we classified the right constitutions as three, kingship, aristocracy and constitutional government, and the deviations from these as three, tyranny from kingship, oligarchy from aristocracy and democracy from constitutional government, and about aristocracy and kingship we have spoken (for to study the best constitution is the same thing as to speak about the forms that bear those names, since each of them means a system based on the qualification of virtue equipped with means), and as also the question what constitutes the difference between aristocracy and kingship and when a royal government is to be adopted has been decided before, it remains to discuss the form of constitution designated by the name common to them all, and the other forms, oligarchy, democracy and tyranny. Now it is manifest also which of these deviations is the worst and which the second worst. For necessarily the deviation from the first and most divine must be the worst, and kingship must of necessity either possess the name only, without really being kingship,

  79. urn:cts:greekLit:tlg0086.tlg035:1289b

    § 1289b or be based on the outstanding superiority of the man who is king; so that tyranny being the worst form must be the one farthest removed from constitutional government, and oligarchy must be the second farthest (for aristocracy is widely separated from that constitution), while democracy must be the most moderate. An account of their relative merits has indeed already been given also by one of the former writers, though not on the same principle as ours; for he inclined to judge that there were good varieties of all the forms, for instance a good sort of oligarchy and so on, and that democracy was the worst among these, but the best among the bad varieties, whereas we say that the deviations are wholly wrong, and that it is not right to speak of one form of oligarchy as better than another, but only as less bad. But let us for the present dismiss the question of a classification of this nature. Our business is first to distinguish how many different forms of the constitutions there are, assuming that there do exist several kinds of democracy and of oligarchy; next, which form is most general, and which most desirable after the best constitution, and also if there exists some other form that is aristocratic in nature and well constructed but not fitted to the largest number of cities, which this is; next, which of the other forms too is desirable for what people (since probably for some democracy is necessary more than oligarchy, and for others oligarchy more than democracy); and after this, in what way should one proceed who wishes to set up these constitutions, I mean the various forms of democracy and of oligarchy; and finally, when as far as possible we have concisely touched upon all these questions, we must endeavor to review what are the agencies that destroy and what are those that preserve constitutions generally and each variety of constitution in particular, and what are the causes by which it is most natural for these events to be brought about. [4.3] Now the reason of there being several forms of constitution is that every city has a considerable number of parts. For in the first place we see that all the cities are composed of households, and then again that of this multitude some must necessarily be rich and some poor and some between the two, and also of the rich and the poor the former class is heavy-armed and the latter without armor. And we see that one portion of the common people is agricultural, another engaged in trade and another mechanic. And the upper classes have distinctions also corresponding to their wealth and the amounts of their property (for example in a stud of horses — for it is not easy to rear horses without being rich, and this is why in ancient times there were oligarchies in all the states whose strength lay in their cavalry, and they used to use horses for their wars against their neighbors, as for instance did the Eretrians and Chalcidians and the people of Magnesia on the Maeander and many of the other Asiatic peoples). Moreover in addition to differences in wealth there is the difference of birth, and that in regard to virtue,

  80. urn:cts:greekLit:tlg0086.tlg035:1290a

    § 1290a and indeed any other similar distinction that in the discussion of aristocracy has been stated to constitute a part of the state (for there we distinguished how many necessary parts there are of which every state must consist); for sometimes all of these parts participate in the constitution and sometimes a smaller or a larger number of them. It is clear therefore that there must necessarily be several forms of constitution differing in kind from one another, inasmuch as these parts differ in kind among themselves. For a constitution means the arrangement of the magistracies, and this all people plan out either according to the power of those who share political rights, or according to some common equality between them, I mean for example between the poor or between the rich, or some equality common to them both. It follows therefore that there are as many forms of constitution as there are modes of arrangement according to the superiorities and the differences of the sections. But the forms mostly are thought to be two — just as in the case of the winds we speak of some as north and some as south and regard the rest as deviations from these, so also of constitutions there are held to be two forms, democracy and oligarchy; for men reckon aristocracy as a kind of oligarchy because it is oligarchy of a sort, and what is called constitutional government as democracy, just as in the case of the winds they reckon the west wind as a kind of north wind and the east wind as a kind of south wind. And the case is similar with musical modes, as some people say: for there too they posit two kinds, the Dorian mode and the Phrygian, and call the other scales some of them Dorian and the others Phrygian. For the most part therefore they are accustomed to think in this way about the constitutions; but it is truer and better to class them as we did, and assuming that there are two well-constructed forms, or else one, to say that the others are deviations, some from the well-blended constitution and the others from the best one, the more tense and masterful constitutions being oligarchic and the relaxed and soft ones demotic. [4.4] But it is not right to define democracy, as some people are in the custom of doing now, merely as the constitution in which the multitude is sovereign (for even in oligarchies and everywhere the majority is sovereign) nor oligarchy as the constitution in which a few are sovereign over the government. For if the whole number were thirteen hundred, and a thousand of these were rich and did not give the three hundred poor a share in the government although they were free-born and like themselves in all other respects, no one would say that this people was governed democratically; and similarly also if there were few poor, but these more powerful than the rich who were more numerous, no one would call such a government a democracy either, if the other citizens being rich had no share in the honors. Rather therefore ought we to say that it is a democracy

  81. urn:cts:greekLit:tlg0086.tlg035:1290b

    § 1290b when the free are sovereign and an oligarchy when the rich are, but that it comes about that the sovereign class in a democracy is numerous and that in an oligarchy small because there are many men of free birth and few rich. For otherwise, suppose people assigned the offices by height, as some persons say is done in Ethiopia, or by beauty, that would be an oligarchy, because both the handsome and the tall are few in number. Nevertheless it is not enough to define these constitutions even by wealth and free birth only; but inasmuch as there are more elements than one both in democracy and in oligarchy, we must add the further distinction that neither is it a democracy if the free being few govern the majority who are not of free birth, as for instance at Apollonia on the Ionian Gulf and at Thera (for in each of these cities the offices of honor were filled by the specially noble families who had been the first settlers of the colonies, and these were few out of many), nor is it a democracy if the rich rule because they are in a majority, as in ancient times at Colophon (for there the majority of the population owned large property before the war against the Lydians took place), but it is a democracy when those who are free are in the majority and have sovereignty over the government, and an oligarchy when the rich and more well born are few and sovereign. [4.5] It has then been stated that there are several forms of constitution, and what is the cause of this; but let us take the starting-point that was laid down before and say that there are more forms than those mentioned, and what these forms are, and why they vary. For we agree that every state possesses not one part but several. Therefore just as, in case we intended to obtain a classification of animals, we should first define the properties necessarily belonging to every animal (for instance some of the sense organs, and the machinery for masticating and for receiving food, such as a mouth and a stomach, and in addition to these the locomotive organs of the various species), and if there were only so many necessary parts, but there were different varieties of these (I mean for instance certain various kinds of mouth and stomach and sensory organs, and also of the locomotive parts as well), the number of possible combinations of these variations will necessarily produce a variety of kinds of animals (for it is not possible for the same animal to have several different sorts of mouth, nor similarly of ears either), so that when all the possible combinations of these are taken they will all produce animal species, and there will be as many species of the animal as there are combinations of the necessary parts: — so in the same way also we shall classify the varieties of the constitutions that have been mentioned. For states also are composed not of one but of several parts, as has been said often. One of these parts therefore is the mass of persons concerned with food who are called farmers,

  82. urn:cts:greekLit:tlg0086.tlg035:1291a

    § 1291a and second is what is called the mechanic class (and this is the group engaged in the arts without which it is impossible for a city to be inhabited, and some of these arts are indispensably necessary, while others contribute to luxury or noble living), and third is a commercial class (by which I mean the class that is engaged in selling and buying and in wholesale and retail trade), and fourth is the class of manual laborers, and the fifth class is the one to defend the state in war, which is no less indispensable than the others if the people are not to become the slaves of those who come against them; for surely it is quite out of the question that it should be proper to give the name of state to a community that is by nature a slave, for a state is self-sufficient, but that which is a slave is not self-sufficient. Therefore the statement made in the Republic is witty but not adequate. For Socrates says that the most necessary elements of which a state is composed are four, and he specifies these as a weaver, a farmer, a shoemaker and a builder; and then again he adds, on the ground that these are not self-sufficient, a copper-smith and the people to look after the necessary live-stock, and in addition a merchant and a retail trader. These elements together constitute the full complement of his first city, implying that every city is formed for the sake of the necessaries of life and not rather for the sake of what is noble, and that it has equal need of both shoemakers and farmers; but the warrior class he does not assign to it until as the territory is increased and comes into contact with that of the neighbors they are brought into war. But yet even among the four partners or whatever their number be there must necessarily be somebody to assign justice and to judge their claims; inasmuch therefore as one would count the soul of an animal to be more a part of it than the body, so also the factors in states corresponding to the soul must be deemed to be parts of them more than those factors which contribute to necessary utility, — the former being the military class and the class that plays a part in judicial justice, and in addition to these the deliberative class, deliberation being a function of political intelligence. And it makes no difference to the argument whether these functions are held by special classes separately or by the same persons; for it often happens for the same men to be both soldiers and farmers. Hence inasmuch as both groups of classes must be counted parts of the state, it is clear that the heavy-armed soldiery at any rate must be a part of the state. And a seventh class is the one that serves the community by means of its property, the class that we call the rich. And an eighth is the class of public servants, that is, those who serve in the magistracies, inasmuch as without rulers it is impossible for a city to exist; it is therefore necessary that there should be some men who are able to govern and who render this service to the state either continuously or in turn. And there remain the classes which we happen to have defined just before, the deliberative class and the one that judges the claims of litigants. If therefore it is proper for the states to have these functions performed, and well and justly performed,

  83. urn:cts:greekLit:tlg0086.tlg035:1291b

    § 1291b it is necessary for there also to be some men possessing virtue in the form of political excellence. Now as to the other capacities many people think that it is possible for them to be possessed in combination, for example, for the same men to be the soldiers that defend the state in war and the farmers that till the land and the artisans, and also the councillors and judges, and indeed all men claim to possess virtue and think themselves capable of filling most of the offices of state; but it is not possible for the same men to be poor and rich. Hence these seem to be in the fullest sense the parts of the state, the rich and the poor. And also the fact that the rich are usually few and the poor many makes these two among the parts of the state appear as opposite sections; so that the superior claims of these classes are even made the guiding principles upon which constitutions are constructed, and it is thought that there are two forms of constitution, democracy and oligarchy. [4.6] That there are then several forms of constitution, and what are the reasons for this, has been stated before; let us now say that there are several varieties both of democracy and of oligarchy. And this is clear even from what has been said already. For there are several classes both of the people and of those called the notables; for instance classes of the people are, one the farmers, another the class dealing with the arts and crafts, another the commercial class occupied in buying and selling and another the one occupied with the sea — and this is divided into the classes concerned with naval warfare, with trade, with ferrying passengers and with fishing (for each of these classes is extremely numerous in various places, for instance fishermen at Tarentum and Byzantium, navy men at Athens, the mercantile class at Aigina and Chios, and the ferryman-class at Tenedos ), and in addition to these the hand-working class and the people possessing little substance so that they cannot live a life of leisure, also those that are not free men of citizen parentage on both sides, and any other similar class of common people; while among the notables wealth, birth, virtue, education, and the distinctions that are spoken of in the same group as these, form the classes. [4.7] The first kind of democracy therefore is the one which receives the name chiefly in respect of equality. For the law of this sort of democracy ascribes equality to the state of things in which the poor have no more prominence than the rich, and neither class is sovereign, but both are alike; for assuming that freedom is chiefly found in a democracy, as some persons suppose, and also equality, this would be so most fully when to the fullest extent all alike share equally in the government. And since the people are in the majority, and a resolution passed by a majority is paramount, this must necessarily be a democracy. This therefore is one kind of democracy, where the offices are held on property qualifications, but these low ones, although it is essential that the man who acquires the specified amount should have the right to hold office, and the man who loses it should not hold office.

  84. urn:cts:greekLit:tlg0086.tlg035:1292a

    § 1292a And another kind of democracy is for all the citizens that are not open to challenge to have a share in office, but for the law to rule; and another kind of democracy is for all to share in the offices on the mere qualification of being a citizen, but for the law to rule. Another kind of democracy is where all the other regulations are the same, but the multitude is sovereign and not the law; and this comes about when the decrees of the assembly over-ride the law. This state of things is brought about by the demagogues; for in the states under democratic government guided by law a demagogue does not arise, but the best classes of citizens are in the most prominent position; but where the laws are not sovereign, then demagogues arise; for the common people become a single composite monarch, since the many are sovereign not as individuals but collectively. Yet what kind of democracy Homer means by the words'no blessing is the lordship of the many' — whether he means this kind or when those who rule as individuals are more numerous, is not clear. However, a people of this sort, as being monarch, seeks to exercise monarchic rule through not being ruled by the law, and becomes despotic, so that flatterers are held in honor. And a democracy of this nature is comparable to the tyrannical form of monarchy, because their spirit is the same, and both exercise despotic control over the better classes, and the decrees voted by the assembly are like the commands issued in a tyranny, and the demagogues and the flatterers are the same people or a corresponding class, and either set has the very strongest influence with the respective ruling power, the flatterers with the tyrants and the demagogues with democracies of this kind. And these men cause the resolutions of the assembly to be supreme and not the laws, by referring all things to the people; for they owe their rise to greatness to the fact that the people is sovereign over all things while they are sovereign over the opinion of the people, for the multitude believes them. Moreover those who bring charges against the magistrates say that the people ought to judge the suits, and the people receive the invitation gladly, so that all the magistracies are put down. And it would seem to be a reasonable criticism to say that such a democracy is not a constitution at all; for where the laws do not govern there is no constitution, as the law ought to govern all things while the magistrates control particulars, and we ought to judge this to be constitutional government; if then democracy really is one of the forms of constitution, it is manifest that an organization of this kind, in which all things are administered by resolutions of the assembly, is not even a democracy in the proper sense, for it is impossible for a voted resolution to be a universal rule. Let this be our discussion of the different kinds of democracy. [4.8] Of the kinds of oligarchy, one is for the magistracies to be appointed from property-assessments so high that the poor who are the majority have no share in the government, but for the man who acquires the requisite amount of property to be allowed to take part in it;

  85. urn:cts:greekLit:tlg0086.tlg035:1292b

    § 1292b another is when the magistracies are filled from high assessments and the magistrates themselves elect to fill vacancies (so that if they do so from all the citizens of this assessment, this appears rather to be of the nature of an aristocracy, but if from a particular section of them, it is oligarchical); another variety of oligarchy is when son succeeds father in office; and a fourth kind is when the hereditary system just mentioned exists and also the magistrates govern and not the law. This among oligarchies is the form corresponding to tyranny among monarchies and to the form of democracy about which we spoke last among democracies, and indeed oligarchy of this sort has the special name of dynasty. [4.9] So many therefore are the kinds of oligarchy and of democracy; but it must not escape notice that in many places it has come about that although the constitution as framed by the laws is not democratic, yet owing to custom and the social system it is democratically administered, and similarly by a reverse process in other states although the legal constitution is more democratic, yet by means of the social system and customs it is carried on rather as an oligarchy. This occurs chiefly after alterations of the constitutions have taken place; for the people do not change over to the new system immediately but are content at the first stages to gain small advantages from the other party, so that the previously existing laws continue although power is in the hands of the party that is changing the constitution. [4.10] And that these various kinds of democracy and oligarchy exist is manifest from the actual things that have been said. For necessarily either all the parts of the population that have been mentioned must have a share in the government, or some and not others. When therefore the farmer class and the class possessed of moderate property is sovereign over the government, they govern according to laws; for they have a livelihood if they work, but are not able to be at leisure, so that they put the law in control and hold the minimum of assemblies necessary; and the other persons have the right to take part when they have acquired the property-assessment fixed by the laws, so that to take part in the government is open to all who have got that amount of property; since for it not to be open to everybody on any terms at all is a characteristic of oligarchy, but then on the other hand it is impossible for it to be open to them to have leisure if there are no revenues. This then is one kind of democracy for these reasons. Another kind is due to the distinction that comes next: it is possible that all the citizens not liable to objection on the score of birth may have the right to take part in the assembly, but may actually take part only when they are able to be at leisure; hence in a democracy of this nature the laws govern because there is no revenue. A third kind is when all those who are free men have the right to take part in the government yet do not do so because of the aforesaid reason, so that it follows that in this form of democracy also the law governs.

  86. urn:cts:greekLit:tlg0086.tlg035:1293a

    § 1293a And a fourth kind of democracy is the one that has been the last in point of time to come into existence in the states. Because the states have become much greater than the original ones and possess large supplies of revenue, while all the citizens have a share in the government because of the superiority of the multitude, all actually take part in it and exercise their citizenship because even the poor are enabled to be at leisure by receiving pay. Indeed the multitude in this kind of state has a very great deal of leisure, for they are not hampered at all by the care of their private affairs, but the rich are, so that often they take no part in the assembly nor in judging lawsuits. Owing to this the multitude of the poor becomes sovereign over the government, instead of the laws. Such in number and in nature are the kinds of democracy that these causes necessarily bring into existence. To turn to the varieties and of oligarchy, when more men possess property, but less of it and not a very large amount, this is the first form of oligarchy; for they allow the man that acquires property the right to participate, and because there is a large number of persons participating in the government it necessarily follows that not the men but the law is sovereign (for the farther removed they are from monarchy, and as they have not so much property as to be idle and neglect it, nor yet so little as to be kept at the expense of the state, they are compelled to call upon the law to rule instead of ruling themselves). But then if the owners of the properties are fewer than those who owned them previously, and own more, the second form of oligarchy comes into being; for as they become stronger they claim to have a larger share, and therefore they themselves select those from among the rest of the citizens who go into the government, but as they are not yet strong enough to rule without law they make the law conform with this. And if they carry matters further by becoming fewer and holding larger properties, there comes about the third advance in oligarchy, which consists in their keeping the offices in their own hands, but under a law enacting that they are to be hereditary. And when finally they attain very great pre-eminence by their wealth and their multitude of friends, a dynasty of this nature is near to monarchy, and men become supreme instead of the law; and this is the fourth kind of oligarchy, the counterpart of the last kind of democracy. [4.11] Furthermore there are two constitutions by the side of democracy and oligarchy, one of which is counted by everybody and has been referred to as one of the four forms of constitution (and the four meant are monarchy, oligarchy, democracy and fourth the form called aristocracy), but there is a fifth, entitled by the common name of them all (for it is called constitutional government), but as it does not often occur it is overlooked by those who try to enumerate the forms of constitution, and they use the four names only (as does Plato ) in the list of constitutions.

  87. urn:cts:greekLit:tlg0086.tlg035:1293b

    § 1293b Now the name of aristocracy is indeed properly given to the constitution that we discussed in our first discourses (for it is right to apply the name'aristocracy' —'government of the best' — only to the constitution of which the citizens are best in virtue absolutely and not merely good men in relation to some arbitrary standard, for under it alone the same person is a good man and a good citizen absolutely, whereas those who are good under the other constitutions are good relatively to their own form of constitution); nevertheless there are also some constitutions that have differences both in comparison with oligarchically governed states and with what is termed constitutional government, inasmuch as in them they elect the officials not only by wealth but also by goodness; this form of constitution differs from both and is called aristocratic. For even in the states that do not pay any public attention to virtue there are nevertheless some men that are held in high esteem and are thought worthy of respect. Where then the constitution takes in view wealth and virtue as well as the common people, as for instance at Carthage, this is of the nature of an aristocracy; and so also are the states, in which the constitution, like that of Sparta, takes in view two of these things only, virtue and the common people, and there is a mingling of these two factors, democracy and virtue. These then are two kinds of aristocracy beside the first, which is the best constitution, and a third kind is those instances of what is called constitutional government that incline more in the direction of oligarchy. [4.12] It remains for us to speak about what is termed constitutional government and also about tyranny. Though neither the former nor the aristocracies spoken of just now are really deviations, we have classed them thus because in actual truth they have all fallen away from the most correct constitution, and consequently are counted with the deviation-forms, and those are deviations from them, as we said in our remarks at the beginning. Tyranny is reasonably mentioned last because it is the least constitutional of all governments, whereas our investigation is about constitutional government. [4.13] Having then stated the reason for this mode of classification, we have now to set forth our view about constitutional government. For its meaning is clearer now that the characteristics of oligarchy and democracy have been defined; since constitutional government is, to put it simply, a mixture of oligarchy and democracy. But people customarily give the name of constitutional government only to those among such mixed constitutions that incline towards democracy, and entitle those that incline more towards oligarchy aristocracies, because education and good birth go more with the wealthier classes, and also the wealthy are thought to have already the things to get which wrongdoers commit wrong; owing to which people apply the terms'gentry' and'notabilities' to the rich. Since therefore aristocracy means the assignment of the highest place to the best of the citizens, oligarchies also are said to be drawn rather from the gentry.

  88. urn:cts:greekLit:tlg0086.tlg035:1294a

    § 1294a And it seems an impossibility for a city governed not by the aristocracy but by the base to have well-ordered government, and similarly also for a city that has not a well-ordered government to be governed aristocratically. But to have good laws enacted but not obey them does not constitute well-ordered government. Hence one form of good government must be understood to consist in the laws enacted being obeyed, and another form in the laws which the citizens keep being well enacted (for it is possible to obey badly enacted laws). And for laws to be well enacted is possible in two ways: they must either be the best laws possible for the given people or the best absolutely. But aristocracy in the fullest sense seems to consist in the distribution of the honors according to virtue; for virtue is the defining factor of aristocracy, as wealth is of oligarchy, and freedom of democracy (while the principle that a decision of the majority is supreme is found in them all: for in both oligarchy and aristocracy and democracies whatever the larger part of those who have a share in the government decides is supreme). In most states then the name of aristocracy is given to that form of constitutional government, for the combination aims only at the well-off and the poor, wealth and freedom (since in almost the largest number of states the rich seem to occupy the place of the gentry); but as there are three things that claim equal participation in the constitution, freedom, wealth and virtue (for the fourth, what is called nobility, accompanies the two latter — nobility means ancient wealth and virtue), it is manifest that the mixture of the two factors, the rich and the poor, ought to be termed constitutional government, while the mixture of the three factors deserves the name of aristocracy most of all the various forms of aristocracy beside the true and best form. [4.14] It has then been stated that other forms of constitution also exist besides monarchy, democracy and oligarchy, and what their characteristics are, and how the various sorts of aristocracy and of constitutional government differ from one another; and it is manifest that aristocracy and constitutional government are not widely apart from one another. [4.15] Next to what has been said let us state the way in which what is called constitutional government comes into existence by the side of democracy and oligarchy, and how it is proper to establish it. At the same time the defining characteristics of democracy and oligarchy will also be clear; for we must grasp the distinction between these and then make a combination out of them, taking, so to say, a contribution from each. And there are three principles determining this combination or mixture. Under one plan we must adopt both features from the legislative schemes of the two different constitutions: for example, in regard to the administration of justice, in oligarchies they institute a fine for the rich if they do not serve on juries but no pay for the poor for serving, while in democracies they assign pay for the poor but no fine for the rich, but a common and intermediate principle is to have both payment and fine, and therefore this is a mark of a constitutional government, since it is a mixture of elements from both oligarchy and democracy.

  89. urn:cts:greekLit:tlg0086.tlg035:1294b

    § 1294b This then is one mode of combining the two. Another is to take the middle course between the regulations of each: for example, democracies permit membership of the assembly on no property-qualification at all or a quite small one, oligarchies on a large property-qualification, but the combination clearly is to have neither principle, but one which lies in the middle between either of these two qualifications. In the third place is a combination of the two systems, taking some features from the oligarchical law and some from the democratic; I mean, for example, that it is thought to be democratic for the offices to be assigned by lot, for them to be elected oligarchic, and democratic for them not to have a property-qualification, oligarchic to have one; therefore it is aristocratic and constitutional to take one feature from one form and the other from the other, from oligarchy that offices are to be elected, and from democracy that this is not to be on a property-qualification. This then is the mode of the mixture; and the mark of a good mixture of democracy and oligarchy is when it is possible to speak of the same constitution as a democracy and as an oligarchy; for manifestly this is so when it is said because they have been mixed well, and this is the case with the form that lies in the middle, for each of the two extreme forms can be seen in it. This is the case with the constitution of Sparta. For many people endeavor to describe it as being a democracy, because its system has many democratic features, for instance first of all its regulation for the rearing of boys, since the sons of the rich are brought up in the same way as those of the poor, and are educated in a manner in which the sons of the poor also could be educated, and they are also treated similarly at the next age, and in the same manner when they are grown up, for there is nothing that distinguishes the rich man from the poor man — thus the arrangements for food are the same for all at the common messes, and the rich wear clothes such as even any poor man could procure, and also because of the two greatest offices the common people elect to one and share in the other (they elect the Elders and share in the Ephorate); but others call it an oligarchy, because it has many oligarchical features, for instance that all the offices are elective and none appointed by lot and few persons have the power to sentence to death and exile, and a number of other such matters. But in a well-constructed mixed constitution both of the two factors, and neither of them, should seem to be present, and it should be kept safe by its own means and not by outside aid, and by its own means not because those who desire its security are more numerous outside it (for even a bad constitution might possess this quality), but because no section of the state whatever would even wish for another constitution. [4.16] The proper way therefore to establish a constitutional government, and similarly also the governments named aristocracies, has now been stated.

  90. urn:cts:greekLit:tlg0086.tlg035:1295a

    § 1295a [4.17] It remained for us to speak of tyranny, not because there is much that can be said about it, but in order that it may receive its part in our inquiry, since we rank this also as one among the kinds of constitution. The nature of kingship we have defined in our first discourses, in which we examined the question in relation to the constitution most commonly denoted by the term'kingship,' whether it is disadvantageous or an advantage to states, and what person ought to be set up as king, and from what source, and by what procedure; and in the passage in which we were considering kingship we distinguished two kinds of tyranny, because their power in a manner borders upon royalty, because both these forms of rule are in accordance with law (for among some of the barbarians they elect monarchic rulers with autocratic powers, and also in old times among the ancient Greeks some men used to become monarchs of this sort, the rulers called aesymnetae), but these two forms of tyranny have certain differences from one another, although they were on the one hand of the nature of royalty because they were in accordance with law and because they exercised monarchic rule over willing subjects, and on the other hand of the nature of a tyranny because they ruled despotically and according to their own judgement. But there is a third kind of tyranny which is thought to be tyranny in the fullest degree, being the counterpart of universal kingship; to this sort of tyranny must necessarily belong a monarchy that exercises irresponsible rule over subjects all of the same or of a higher class with a view to its own private interest and not in the interest of the persons ruled. Hence it is held against the will of the subjects, since no free man willingly endures such rule. These then are the kinds of tyranny and such is their number, for the reasons stated [4.18] But what is the best constitution and what is the best mode of life for most cities and most of mankind, if we do not judge by the standard of a virtue that is above the level of private citizens or of an education that needs natural gifts and means supplied by fortune, nor by the standard of the ideal constitution, but of a mode of life able to be shared by most men and a constitution possible for most states to attain? For the constitutions called aristocracies, of which we spoke just now, in some cases fall somewhat out of the scope of most states, and in others approximate to what is called constitutional government, so that it is proper to speak of these two forms as if they were one. And indeed the decision in regard to all these questions is based on the same elementary principles. For if it has been rightly said in the Ethics that the happy life is the life that is lived without impediment in accordance with virtue, and that virtue is a middle course, it necessarily follows that the middle course of life is the best — such a middle course as it is possible for each class of men to attain. And these same criteria must also necessarily apply to the goodness and badness of a state, and of a constitution — for a constitution is a certain mode of life of a state.

  91. urn:cts:greekLit:tlg0086.tlg035:1295b

    § 1295b In all states therefore there exist three divisions of the state, the very rich, the very poor, and thirdly those who are between the two. Since then it is admitted that what is moderate or in the middle is best, it is manifest that the middle amount of all of the good things of fortune is the best amount to possess. For this degree of wealth is the readiest to obey reason, whereas for a person who is exceedingly beautiful or strong or nobly born or rich, or the opposite — exceedingly poor or weak or of very mean station, it is difficult to follow the bidding of reason; for the former turn more to insolence and grand wickedness, and the latter overmuch to malice and petty wickedness, and the motive of all wrongdoing is either insolence or malice. And moreover the middle class are the least inclined to shun office and to covet office, and both these tendencies are injurious to states. And in addition to these points, those who have an excess of fortune's goods, strength, wealth, friends and the like, are not willing to be governed and do not know how to be (and they have acquired this quality even in their boyhood from their homelife, which was so luxurious that they have not got used to submitting to authority even in school), while those who are excessively in need of these things are too humble. Hence the latter class do not know how to govern but know how to submit to government of a servile kind, while the former class do not know how to submit to any government, and only know how to govern in the manner of a master. The result is a state consisting of slaves and masters, not of free men, and of one class envious and another contemptuous of their fellows. This condition of affairs is very far removed from friendliness, and from political partnership — for friendliness is an element of partnership, since men are not willing to be partners with their enemies even on a journey. But surely the ideal of the state is to consist as much as possible of persons that are equal and alike, and this similarity is most found in the middle classes; therefore the middle-class state will necessarily be best constituted in respect of those elements of which we say that the state is by nature composed. And also this class of citizens have the greatest security in the states; for they do not themselves covet other men's goods as do the poor, nor do the other classes covet their substance as the poor covet that of the rich; and because they are neither plotted against nor plotting they live free from danger. Because of this it was a good prayer of Phocylides — “In many things the middle have the best; Be mine a middle station.” It is clear therefore also that the political community administered by the middle class is the best, and that it is possible for those states to be well governed that are of the kind in which the middle class is numerous, and preferably stronger than both the other two classes, or at all events than one of them, for by throwing in its weight it sways the balance and prevents the opposite extremes from coming into existence. Hence it is the greatest good fortune if the men that have political power possess a moderate and sufficient substance,

  92. urn:cts:greekLit:tlg0086.tlg035:1296a

    § 1296a since where some own a very great deal of property and others none there comes about either an extreme democracy or an unmixed oligarchy, or a tyranny may result from both of the two extremes, for tyranny springs from both democracy and oligarchy of the most unbridled kind, but much less often from the middle forms of constitution and those near to them. The cause of this we will speak of later in our treatment of political revolutions. That the middle form of constitution is the best is evident; for it alone is free from faction, since where the middle class is numerous, factions and party divisions among the citizens are least likely to occur. And the great states are more free from faction for the same reason, because the middle class is numerous, whereas in the small states it is easy to divide the whole people into two parties leaving nothing in between, and also almost everybody is needy or wealthy. Also democracies are more secure and more long-lived than oligarchies owing to the citizens of the middle class (for they are more numerous and have a larger share of the honors in democracies than in oligarchies), since when the poor are in a majority without the middle class, adversity sets in and they are soon ruined. And it must be deemed a significant fact that the best lawgivers are from among the middle citizens; for Solon was of that class, as appears from his poetry, and so was Lycurgus (for he was not a king) and Charondas and almost the greatest number of the other lawgivers. [4.19] And these considerations also show the reason why the constitutions of most states are either democratic or oligarchical; owing to the middle class in these states being often a small one, the classes diverging from the middle status — whichever of the two, the owners of the estates or the people, from time to time has the upper hand — conduct the government on their own lines, so that it becomes either a democracy or an oligarchy. And in addition to this, because factions occur and fights between the people and the wealthy, whichever party happens to gain the upper hand over its opponents does not establish a common or equal government, but takes the superior share in the government as a prize of victory, and makes it a democracy in the one case and an oligarchy in the other. Moreover each of the two states that in the past held the leadership of Greece took as a pattern the form of government that existed among themselves and set up in the one case democracies and in the other oligarchies in the cities, not considering the interest of the cities but their own advantage. Hence owing to these causes the middle form of constitution either never comes into existence or seldom and in few places; for one man only among the states that have formerly held the leadership was induced to grant this form of organization, and by this time it has become a fixed habit with the people of the separate cities also not even to desire equality,

  93. urn:cts:greekLit:tlg0086.tlg035:1296b

    § 1296b but either to seek to rule or to endure being under a master. [4.20] These considerations therefore make it clear which is the best constitution, and why it is the best; and now that the best has been defined, it is not difficult to see, among the other forms of constitution (inasmuch as we pronounce that there are various forms of democracy and various oligarchies), what kind is to be placed first, what second, and what next in this order, by reason of one being better and another worse. For at each stage the form nearest to the best one must necessarily be superior, and the form that is more remote from the middle must be inferior — unless one is judging relatively to given conditions: I make this reservation because it is quite possible that although one form of constitution is preferable it may often be more advantageous for certain people to have another form. [4.21] The next thing after what has been said is to discuss which constitution is advantageous for which people, and what sort of constitution for what sort of people. Now we must first grasp a general principle that applies equally to all sorts of constitution: it is essential that the part of the state that wishes the constitution to remain should be stronger than the part that does not wish it. But every state consists of both quality and quantity: by quality I mean freedom, wealth, education, good birth, and by quantity the superior numbers of the multitude. And it is possible that, while the quality of the state belongs to one among the parts of which the state consists and its quantity to another part — for example the low-born may be more numerous than the noble or the poor than the rich, yet the more numerous class may not exceed in quantity as much as they fall behind in quality. Hence these two factors have to be judged in comparison with one another. [4.22] Where therefore the multitude of the poor exceeds in the proportion stated, here it is natural for there to be democracy, and each kind of democracy in accordance with the superior number of the common people of each sort, for example if the number of the farming class exceeds, the first sort of democracy, but if that of the common laborers and wage-earners, the last sort, and similarly also with the other sorts that lie between these two; but where the class of the well-to-do and notable exceeds in quality more than it falls behind in quantity, here it is natural for there to be an oligarchy, and likewise the various kinds of oligarchy according to the degree of superiority of the oligarchical multitude. But the lawgiver in his constitution must always take in the middle class; if he is making the laws of an oligarchical character he must keep the middle class in view, and if democratic, he must legislate so as to bring them in. And where the number of the middle class exceeds both the extreme classes together, or even one of them only, here it is possible for a constitutional government to be lasting;

  94. urn:cts:greekLit:tlg0086.tlg035:1297a

    § 1297a for there is no fear of the rich ever coming to terms with the poor against this numerous middle class; for neither class will ever wish to be subject to the other, and if they look for another constitution fairer to both than this they will not find one, for they would not endure to take turns to govern because they distrust each other: everywhere it is the arbitrator that is most trusted, and the man in the middle is an arbitrator. And the better the constitution is mixed, the more permanent it is; and many even of those who want to establish aristocratic forms of constitution make a great mistake not only in giving too large a share to the well-to-do but also in cheating the people; for false benefits inevitably result ultimately in true evil, as the encroachments of the rich ruin the constitution more than those of the people. [4.23] The artifices employed in constitutions as a pretext in regard to the people are five in number, and are concerned with the assembly, the magistracies, the law-courts, the bearing of heavy arms, and gymnastic exercises; in relation to the assembly, the granting to all of the right to attend but the imposition of a fine for non-attendance on the well-to-do only, or a much larger fine on them than others; in relation to the magistracies, the denial to the owners of rated property of the right to swear off serving, while the poor have this right; in relation to the law-courts, the imposition of a fine on the well-to-do if they do not serve on a jury, but no penalty for the poor, or else a large fine for the one class and a small one for the others, as in the laws of Charondas. In some places all have the right to serve in the assembly and on juries after having their names put on a register, but large fines are imposed on those who after so registering fail to attend in either capacity, in order that the fine may cause them to avoid registration and that owing to their not registering they may not serve on juries or in the assembly. They also legislate in the same manner about owning heavy arms and engaging in gymnastic exercises: the poor are not allowed to possess arms, but the well-to-do are liable to a fine if they have not got them, and there is no fine for the former class if they abstain from gymnastics, but the well-to-do are liable to a fine, in order that the one class because of the fine may take part in them and the other because they have no penalty to fear may not. These artifices of legislation then are of an oligarchic nature; in democracies they introduce contrary devices in regard to these matters: they provide pay for the poor for serving in the assembly and on juries and impose no fine upon the well-to-do for abstaining. Hence it is manifest that if anybody wishes to make a just blend, he must bring together the regulations existing in each of the two forms of constitution, and provide pay for attendance and a fine for non-attendance; for thus all would participate, whereas in the other way the government comes to be in the hands of only one of the two classes.

  95. urn:cts:greekLit:tlg0086.tlg035:1297b

    § 1297b And although it is proper that the government should be drawn only from those who possess heavy armor, yet it is not possible to define the amount of the property-qualification absolutely and to say that they must possess so much, but only to consider what sort of amount is the highest that is compatible with making those who have a share in the constitution more numerous than those who have not, and to fix that limit. For those who are poor and have no share in the honors are willing to keep quiet if no one insults them or takes away any part of their substance; but this is not easy to secure, for it does not always happen that those who are in the governing class are gentlemen. Also people have a way of being reluctant to serve when there is a war if they do not get rations and are poor men but; if somebody provides food they want to fight. In some states the citizen-body consists not only of those who are serving as heavy-armed soldiers, but also of those who have so served; and among the Malians the citizen-body consisted of these, while the magistrates were elected from those who were actually on service. And indeed the earliest form of constitution among the Greeks after the kingships consisted of those who were actually soldiers, the original form consisting of the cavalry (for war had its strength and its pre-eminence in cavalry, since without orderly formation heavy-armed infantry is useless, and the sciences and systems dealing with tactics did not exist among the men of old times, so that their strength lay in their cavalry); but as the states grew and the wearers of heavy armor had become stronger, more persons came to have a part in the government. Hence what we now call constitutional governments the men of former times called democracies; but the constitutional governments of early days were naturally oligarchical and royal, for owing to the smallness of the populations their middle class was not numerous, so that because of their small numbers as well as in conformity with the structure of the state the middle class more readily endured being in a subject position. [4.24] It has then been said what is the reason of there being several forms of constitution, and why there are others besides those designated by name (for there is not one single democracy only, and similarly there are more than one of the other forms), and also what are the differences between them and what is the reason why these differences occur, and in addition to these points, which is the best of the constitutions speaking generally, and of the other constitutions which sort is suited to which sort of people. [4.25] And again, let us speak about the points that come next, both generally and with reference to each constitution separately, taking their appropriate starting-point. All forms of constitution then have three factors in reference to which the good lawgiver has to consider what is expedient for each constitution; and if these factors are well-ordered the constitution must of necessity be well-ordered, and the superiority of one constitution over another necessarily consists in the superiority of each of these factors. Of these three factors one is, what is to be the body that deliberates about the common interests,

  96. urn:cts:greekLit:tlg0086.tlg035:1298a

    § 1298a second the one connected with the magistracies, that is, what there are to be and what matters they are to control, and what is to be the method of their election, and a third is, what is to be the judiciary. [4.26] The deliberative factor is sovereign about war and peace and the formation and dissolution of alliances, and about laws, and about sentences of death and exile and confiscation of property, and about the audits of magistrates. And necessarily either all these decisions must be assigned to all the citizens, or all to some of them (for instance to some one magistracy or to several), or different ones to different magistracies, or some of them to all the citizens and some to certain persons. [4.27] For all the citizens to be members of the deliberative body and to decide all these matters is a mark of a popular government, for the common people seek for equality of this nature. But there are several modes of such universal membership. One is for the citizens to serve in rotation and not all in a body (as is enacted in the constitution of the Milesian Telecles, and in other constitutions also the boards of magistrates deliberate in joint assemblies but all the citizens enter into the magistracies from the tribes or from the very smallest sections of the citizen-body in rotation until office has gone through the whole body), and for there to be joint assemblies only to consider legislation and reforms of the constitution and to hear the reports submitted by the magistrates. Another mode is for all to assemble in a body, but only for the purpose of electing magistrates, enacting laws, considering the declaration of war and the conclusion of peace and holding the audit of magistrates, but for all other matters to be considered by the magistrates appointed to deal with each respectively and elected by suffrage or by lot from all the citizens. Another mode is for the citizens to meet about the magistracies and the audits and in order to deliberate about declaring war and concluding an alliance, but for all other matters to be dealt with by the magistrates, elected by suffrage in as many cases as circumstances allow, and such magistracies are all those which must of necessity be filled by experts. A fourth mode is for all to meet in council about all matters, and for the magistracies to decide about nothing but only to make preliminary decisions; this is the mode in which democracy in its last form is administered at the present day — the form of democracy which we pronounce to correspond to dynastic oligarchy and to tyrannical monarchy. These modes then are all of them democratic. On the other hand for some persons to deliberate upon all matters is oligarchic. But this also has several variations. For when the members of the deliberative body are elected on comparatively moderate property-qualifications, and the eligible persons are comparatively numerous because of the moderateness of the qualification, and when they do not make changes in things in which the law forbids it but follow the law, and when anybody acquiring the property-qualification is allowed to become a member, a constitution of this sort is indeed an oligarchy, but one of the nature of constitutional government, because of its moderation. When on the other hand not everybody thus qualified participates in deliberation but only certain persons previously chosen by election,

  97. urn:cts:greekLit:tlg0086.tlg035:1298b

    § 1298b and these govern in accordance with law as in the former case, this is oligarchical; and also when the deliberative officials are elected by co-optation, and when the office is hereditary and has supreme control over the laws, this system is bound to be oligarchical. But when certain persons control certain matters, for instance when all the citizens control decisions as to war and peace and the audit of officials while everything else is controlled by magistrates and these are elected by vote, not by lot, the constitution is an aristocracy; while if some matters are controlled by magistrates elected by vote and others by magistrates chosen by lot, and this either directly or from a list previously selected by vote, or if magistrates elected by vote and by lot sit in a joint body, some of these regulations are features of an aristocratic constitution and others of constitutional government itself. [4.28] We have then in this way distinguished the different kinds of deliberative body in relation to the forms of constitution, and each form of constitution carries on the administration in accordance with the distinction stated. But for a democracy of the form that at the present day is considered to be democracy in the fullest degree (and I mean one of the sort in which the people is sovereign even over the laws) it is advantageous for the improvement of its deliberative function for it to do the same as is done in oligarchies in the matter of the law-courts (for they enact a fine to compel the attendance on juries of those whom they want to attend, whereas democratic states institute payment for attendance for the benefit of the poor), and also to do this in respect of the assemblies (for they will deliberate better when all are deliberating jointly, the common people when with the notables and these when with the masses), and it is also advantageous for those who deliberate to be elected by vote or by lot equally from the different sections, and, if the men of the people far exceed the political class in number, it is advantageous either not to give pay to all but only to as many as are commensurate with the number of the notables, or to discard by lot those who exceed this number. In oligarchies on the other hand it is advantageous either to co-opt some persons from the multitude, or to institute an office like the one that exists in certain constitutional governments under the flame of Preliminary Councillors or Guardians of the Law, and deal with the matters about which these officials have held a preliminary deliberation (for thus the common people will have a share in deliberation and will not have the power to abolish any part of the constitution), and then for the people by their vote either to confirm or at all events not to pass anything contrary to the resolutions brought before them, or to allow all to take part in debate but only the magistrates to frame resolutions; and in fact it is proper to do just the opposite of what takes place in constitutionally governed states; for the common people ought to be given power to vote the rejection of a measure, but not to vote its ratification, but it should be referred back to the magistrates. In constitutional governments the procedure is the reverse; the few are competent to vote the rejection of a resolution but are not competent to vote its ratification, this being always referred back to the most numerous body.

  98. urn:cts:greekLit:tlg0086.tlg035:1299a

    § 1299a Let us then decide in this manner about the deliberative body, which in fact is the sovereign power in the constitution. [4.29] Connected with this subject is the determination in regard to the magistracies (for this part of the constitution also has many varieties), how many magistracies there are to be, and what are to be their powers, and what their various periods of tenure (for some people make their magistracies tenable for six months, others for less, others for a year and others for a longer period) — shall the magistracies be for life or for a long period, or if for a shorter term shall the same people be allowed to hold them several times or not the same man twice but once only? and also as to the appointment of magistrates, who shall be eligible, who the electors, and what the mode of election? For on all these points it is needful to be able to determine how many modes of procedure are possible, and then to settle what modes are expedient for what sorts of constitution. Nor is it easy to decide to what kinds of office the name of magistracy ought to be applied; for the political community requires a great many officials, owing to which it is not proper to reckon all of them magistrates, whether elected by vote or by lot, — for instance first the priests (for this office must be considered as something different from the political magistracies), and again there are leaders of choruses, and heralds, and persons are also elected as ambassadors. And of the offices exercising superintendence some are political, and are exercised either over the whole of the citizens in regard to some operation — for instance a general superintends them when serving as soldiers, or over a section — for instance the superintendent of women or of children; while others are economic (for states often elect officers to dole out corn ); and others are subordinate, and are the sort of services to which people when well off appoint slaves. But the title of magistracy, to put it simply, is chiefly to be applied to all those offices to which have been assigned the duties of deliberating about certain matters and of acting as judges and of issuing orders, and especially the last, for to give orders is most characteristic of authority. But this question is of virtually no practical importance (for no decision has yet been given, our discussion being merely about the name), although it does admit of some further inquiry of a speculative kind. On the other hand the questions what kinds and what number of magistracies are necessary to constitute a state at all, and what kinds although not necessary are advantageous for a good constitution, are questions that might preferably be discussed, both indeed as regards every form of constitution and particularly in regard to the small states. For it is true that in the large states it is possible and proper for one magistracy to be assigned to one function (for the large number of the citizens makes it possible for many people to enter on an official career, so as to intermit their tenure of some offices for a long time and to hold others only once, and also every task is better attended to if the attention is directed to one thing only than if it is busy with many);

  99. urn:cts:greekLit:tlg0086.tlg035:1299b

    § 1299b but in the small states it is inevitable that many offices must be gathered into few hands (for owing to shortage of manpower it is not easy for many people to be in office, since who will take over the posts as their successors?). But sometimes small states require the same magistracies and laws as large ones except that the latter require the same persons to serve often, but in the former this only occurs after a long interval. Hence it is possible to assign several duties to one man at the same time (since they will not interfere with one another), and to meet the shortage of man-power it is necessary to make the magistracies like spit-lampholders. If therefore we are able to say how many magistracies every state must necessarily possess and how many, though not absolutely necessary, it ought to possess, knowing these points one might more easily make a combination of those magistracies which are of a suitable nature to be combined into a single office. And it is suitable for the further question not to be overlooked, what kinds of matters ought to be attended to by a number of officials locally distributed and what ought to be under the authority of one magistrate for all localities, for example should good order be seen to in the market-place by a Controller of the Market and elsewhere by another official, or everywhere by the same one? and ought the offices to be divided according to the function or according to the persons concerned — I mean, for instance, should there be a single official in control of good order, or a different one for children and for women? and also under the various constitutions does the nature of the magistracies vary in accordance with each or does it not vary at all — for example in democracy, oligarchy, aristocracy and monarchy are the magistracies the same in their powers, although they are not filled from equal ranks nor from similar classes but are different in different constitutions (for example in aristocracies drawn from the educated, in oligarchies from the wealthy, and in democracies from the free), or although some constitutions happen to be correspondent with the actual differences of their magistracies, yet in other cases are the same magistracies advantageous even where the constitutions differ (for in some places it is suitable for the same magistracies to have large functions and in other places small ones)? Not but what there are also some offices peculiar to special forms of constitution, for instance the office of Preliminary Councillors. This is undemocratic, although a Council is a popular body, for there is bound to be some body of this nature to have the duty of preparing measures for the popular assembly, in order that it may be able to attend to its business; but a preparatory committee, if small, is oligarchical, and Preliminary Councillors must necessarily be few in number, so that they are an oligarchical element. But where both of these magistracies exist, the Preliminary Councillors are in authority over the Councillors, since a councillor is a democratic official, but a preliminary councillor is an oligarchic one. Also the power of the Council is weakened in democracies of the sort in which the people in assembly deals with everything itself;

  100. urn:cts:greekLit:tlg0086.tlg035:1300a

    § 1300a and this usually happens when there is a plentiful supply of pay for those who attend the assembly, for being at leisure they meet frequently and decide all things themselves. But a Superintendent of Children and a Superintendent of Women, and any other magistrates that exercise a similar sort of supervision, are an aristocratic feature, and not democratic (for how is it possible to prevent the wives of the poor from going out of doors?) nor yet oligarchic (for the wives of oligarchic rulers are luxurious). But let the discussion of these matters go no further at present, and let us attempt to go through from the beginning the question of the ways of appointing the magistrates. The varieties here depend on three determinants, the combinations of which must give all the possible modes. One of these three determining points is, who are the persons who appoint the magistrates? the second is, from whom? and last, in what manner? And of each of these three determinants there are three variations: either all the citizens appoint or some, and either from all or from a certain class (defined for instance by property-assessment or birth or virtue or some other such qualification, as at Megara only those were eligible who returned in a body from exile and fought together against the common people), and the mode of appointment may be either by vote or by lot; again, these systems may be coupled together — I mean that some citizens may appoint to some offices but all to others, and to some offices all citizens may be eligible but to others only a certain class, and to some appointment may be by vote but to others by lot. And of each variation of these determinants there will be four modes: either all citizens may appoint from all by vote, or all from all by lot — and from all either section by section, for instance by tribes or demes or brotherhoods until the procedure has gone through all the citizens, or from the whole number every time, — or else partly in one way and partly in the other. Again, if the electors are some of the citizens, they must either appoint from all by vote, or from all by lot, or from some by vote, or from some by lot, or partly in one way and partly in the other — I mean partly by vote and partly by lot. Hence the modes prove to be twelve, apart from the two combinations. And among these, two ways of appointment are democratic — for all to appoint from all by vote, or by lot, or by both — some offices by lot and others by vote; but for not all to be the electors and for them to appoint simultaneously, and either from all or from some either by lot or by vote or by both, or some offices from all and others from some by both (by which I mean some by lot and others by vote) is constitutional. And for some to appoint from all, to some offices by vote and to others by lot or by both (to some by lot and to others by vote) is oligarchical; and it is even more oligarchical to appoint from both classes. But to appoint some offices from all and the others from a certain class is constitutional with an aristocratic bias;

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Via ToposText (topostext.org), a project of the Aikaterini Laskaridis Foundation created by Brady Kiesling. Translated by Harris Rackham (1868-1944). Composed ca. 340 BCE. Licence: CC license. Source.