Politics: A Treatise on Government

Book III (suite)

Nor was civil society founded merely to preserve the lives of its members; but that they might live well: for otherwise a state might be composed of slaves, or the animal creation: but this is not so; for these have no share in the happiness of it; nor do they live after their own choice; nor is it an alliance mutually to defend each other from injuries, or for a commercial intercourse: for then the Tyrrhenians and Carthaginians, and all other nations between whom treaties of commerce subsist, would be citizens of one city; for they have articles to regulate their exports and imports, and engagements for mutual protection, and alliances for mutual defence; but [1280b] yet they have not all the same magistrates established among them, but they are different among the different people; nor does the one take any care, that the morals of the other should be as they ought, or that none of those who have entered into the common agreements should be unjust, or in any degree vicious, only that they do not injure any member of the confederacy. But whosoever endeavours to establish wholesome laws in a state, attends to the virtues and the vices of each individual who composes it; from whence it is evident, that the first care of him who would found a city, truly deserving that name, and not nominally so, must be to have his citizens virtuous; for otherwise it is merely an alliance for self-defence; differing from those of the same cast which are made between different people only in place: for law is an agreement and a pledge, as the sophist Lycophron says, between the citizens of their intending to do justice to each other, though not sufficient to make all the citizens just and good: and that this is fact is evident, for could any one bring different places together, as, for instance, enclose Megara and Corinth in a wall, yet they would not be one city, not even if the inhabitants intermarried with each other, though this inter-community contributes much to make a place one city. Besides, could we suppose a set of people to live separate from each other, but within such a distance as would admit of an intercourse, and that there were laws subsisting between each party, to prevent their injuring one another in their mutual dealings, supposing one a carpenter, another a husbandman, shoemaker, and the like, and that their numbers were ten thousand, still all that they would have together in common would be a tariff for trade, or an alliance for mutual defence, but not the same city. And why? not because their mutual intercourse is not near enough, for even if persons so situated should come to one place, and every one should live in his own house as in his native city, and there should be alliances subsisting between each party to mutually assist and prevent any injury being done to the other, still they would not be admitted to be a city by those who think correctly, if they preserved the same customs when they were together as when they were separate.

It is evident, then, that a city is not a community of place; nor established for the sake of mutual safety or traffic with each other; but that these things are the necessary consequences of a city, although they may all exist where there is no city: but a city is a society of people joining together with their families and their children to live agreeably for the sake of having their lives as happy and as independent as possible: and for this purpose it is necessary that they should live in one place and intermarry with each other: hence in all cities there are family-meetings, clubs, sacrifices, and public entertainments to promote friendship; for a love of sociability is friendship itself; so that the end then for which a city is established is, that the inhabitants of it may live happy, and these things are conducive to that end: for it is a community of families and villages for the sake of a perfect independent life; that is, as we have already said, for the sake of living well and happily. It is not therefore founded for the purpose of men's merely [1281a] living together, but for their living as men ought; for which reason those who contribute most to this end deserve to have greater power in the city than those who are their equals in family and freedom, but their inferiors in civil virtue, or those who excel them in wealth but are below them in worth. It is evident from what has been said, that in all disputes upon government each party says something that is just.

CHAPTER X

It may also be a doubt where the supreme power ought to be lodged. Shall it be with the majority, or the wealthy, with a number of proper persons, or one better than the rest, or with a tyrant? But whichever of these we prefer some difficulty will arise. For what? shall the poor have it because they are the majority? they may then divide among themselves, what belongs to the rich: nor is this unjust; because truly it has been so judged by the supreme power. But what avails it to point out what is the height of injustice if this is not? Again, if the many seize into their own hands everything which belongs to the few, it is evident that the city will be at an end. But virtue will never destroy what is virtuous; nor can what is right be the ruin of the state: therefore such a law can never be right, nor can the acts of a tyrant ever be wrong, for of necessity they must all be just; for he, from his unlimited power, compels every one to obey his command, as the multitude oppress the rich. Is it right then that the rich, the few, should have the supreme power? and what if they be guilty of the same rapine and plunder the possessions of the majority, that will be as right as the other: but that all things of this sort are wrong and unjust is evident. Well then, these of the better sort shall have it: but must not then all the other citizens live unhonoured, without sharing the offices of the city; for the offices of a city are its honours, and if one set of men are always in power, it is evident that the rest must be without honour. Well then, let it be with one person of all others the fittest for it: but by this means the power will be still more contracted, and a greater number than before continue unhonoured. But some one may say, that it is wrong to let man have the supreme power and not the law, as his soul is subject to so many passions. But if this law appoints an aristocracy, or a democracy, how will it help us in our present doubts? for those things will happen which we have already mentioned.

CHAPTER XI

Other particulars we will consider separately; but it seems proper to prove, that the supreme power ought to be lodged with the many, rather than with those of the better sort, who are few; and also to explain what doubts (and probably just ones) may arise: now, though not one individual of the many may himself be fit for the supreme power, yet when these many are joined together, it does not follow but they may be better qualified for it than those; and this not separately, but as a collective body; as the public suppers exceed those which are given at one person's private expense: for, as they are many, each person brings in his share of virtue and wisdom; and thus, coming together, they are like one man made up of a multitude, with many feet, many hands, and many intelligences: thus is it with respect to the manners and understandings of the multitude taken together; for which reason the public are the best judges of music and poetry; for some understand one part, some another, and all collectively the whole; and in this particular men of consequence differ from each of the many; as they say those who are beautiful do from those who are not so, and as fine pictures excel any natural objects, by collecting the several beautiful parts which were dispersed among different originals into one, although the separate parts, as the eye or any other, might be handsomer than in the picture.

But if this distinction is to be made between every people and every general assembly, and some few men of consequence, it may be doubtful whether it is true; nay, it is clear enough that, with respect to a few, it is not; since the same conclusion might be applied even to brutes: and indeed wherein do some men differ from brutes? Not but that nothing prevents what I have said being true of the people in some states. The doubt then which we have lately proposed, with all its consequences, may be settled in this manner; it is necessary that the freemen who compose the bulk of the people should have absolute power in some things; but as they are neither men of property, nor act uniformly upon principles of virtue, it is not safe to trust them with the first offices in the state, both on account of their iniquity and their ignorance; from the one of which they will do what is wrong, from the other they will mistake: and yet it is dangerous to allow them no power or share in the government; for when there are many poor people who are incapable of acquiring the honours of their country, the state must necessarily have many enemies in it; let them then be permitted to vote in the public assemblies and to determine causes; for which reason Socrates, and some other legislators, gave them the power of electing the officers of the state, and also of inquiring into their conduct when they came out of office, and only prevented their being magistrates by themselves; for the multitude when they are collected together have all of them sufficient understanding for these purposes, and, mixing among those of higher rank, are serviceable to the city, as some things, which alone are improper for food, when mixed with others make the whole more wholesome than a few of them would be.

But there is a difficulty attending this form of government, for it seems, that the person who himself was capable of curing any one who was then sick, must be the best judge whom to employ as a physician; but such a one must be himself a physician; and the same holds true in every other practice and art: and as a physician ought [1282a] to give an account of his practice to a physician, so ought it to be in other arts: those whose business is physic may be divided into three sorts, the first of these is he who makes up the medicines; the second prescribes, and is to the other as the architect is to the mason; the third is he who understands the science, but never practises it: now these three distinctions may be found in those who understand all other arts; nor have we less opinion of their judgment who are only instructed in the principles of the art than of those who practise it: and with respect to elections the same method of proceeding seems right; for to elect a proper person in any science is the business of those who are skilful therein; as in geometry, of geometricians; in steering, of steersmen: but if some individuals should know something of particular arts and works, they do not know more than the professors of them: so that even upon this principle neither the election of magistrates, nor the censure of their conduct, should be entrusted to the many.

But probably all that has been here said may not be right; for, to resume the argument I lately used, if the people are not very brutal indeed, although we allow that each individual knows less of these affairs than those who have given particular attention to them, yet when they come together they will know them better, or at least not worse; besides, in some particular arts it is not the workman only who is the best judge; namely, in those the works of which are understood by those who do not profess them: thus he who builds a house is not the only judge of it, for the master of the family who inhabits it is a better; thus also a steersman is a better judge of a tiller than he who made it; and he who gives an entertainment than the cook. What has been said seems a sufficient solution of this difficulty; but there is another that follows: for it seems absurd that the power of the state should be lodged with those who are but of indifferent morals, instead of those who are of excellent characters. Now the power of election and censure are of the utmost consequence, and this, as has been said, in some states they entrust to the people; for the general assembly is the supreme court of all, and they have a voice in this, and deliberate in all public affairs, and try all causes, without any objection to the meanness of their circumstances, and at any age: but their treasurers, generals, and other great officers of state are taken from men of great fortune and worth. This difficulty also may be solved upon the same principle; and here too they may be right, for the power is not in the man who is member of the assembly, or council, but the assembly itself, and the council, and the people, of which each individual of the whole community are the parts, I mean as senator, adviser, or judge; for which reason it is very right, that the many should have the greatest powers in their own hands; for the people, the council, and the judges are composed of them, and the property of all these collectively is more than the property of any person or a few who fill the great offices of the state: and thus I determine these points.

The first question that we stated shows plainly, that the supreme power should be lodged in laws duly made and that the magistrate or magistrates, either one or more, should be authorised to determine those cases which the laws cannot particularly speak to, as it is impossible for them, in general language, to explain themselves upon everything that may arise: but what these laws are which are established upon the best foundations has not been yet explained, but still remains a matter of some question: but the laws of every state will necessarily be like every state, either trifling or excellent, just or unjust; for it is evident, that the laws must be framed correspondent to the constitution of the government; and, if so, it is plain, that a well-formed government will have good laws, a bad one, bad ones.

CHAPTER XII

Since in every art and science the end aimed at is always good, so particularly in this, which is the most excellent of all, the founding of civil society, the good wherein aimed at is justice; for it is this which is for the benefit of all. Now, it is the common opinion, that justice is a certain equality; and in this point all the philosophers are agreed when they treat of morals: for they say what is just, and to whom; and that equals ought to receive equal: but we should know how we are to determine what things are equal and what unequal; and in this there is some difficulty, which calls for the philosophy of the politician. Some persons will probably say, that the employments of the state ought to be given according to every particular excellence of each citizen, if there is no other difference between them and the rest of the community, but they are in every respect else alike: for justice attributes different things to persons differing from each other in their character, according to their respective merits. But if this is admitted to be true, complexion, or height, or any such advantage will be a claim for a greater share of the public rights. But that this is evidently absurd is clear from other arts and sciences; for with respect to musicians who play on the flute together, the best flute is not given to him who is of the best family, for he will play never the better for that, but the best instrument ought to be given to him who is the best artist.

If what is now said does not make this clear, we will explain it still further: if there should be any one, a very excellent player on the flute, but very deficient in family and beauty, though each of them are more valuable endowments than a skill in music, and excel this art in a higher degree than that player excels others, yet the best flutes ought to be given to him; for the superiority [1283a] in beauty and fortune should have a reference to the business in hand; but these have none. Moreover, according to this reasoning, every possible excellence might come in comparison with every other; for if bodily strength might dispute the point with riches or liberty, even any bodily strength might do it; so that if one person excelled in size more than another did in virtue, and his size was to qualify him to take place of the other's virtue, everything must then admit of a comparison with each other; for if such a size is greater than virtue by so much, it is evident another must be equal to it: but, since this is impossible, it is plain that it would be contrary to common sense to dispute a right to any office in the state from every superiority whatsoever: for if one person is slow and the other swift, neither is the one better qualified nor the other worse on that account, though in the gymnastic races a difference in these particulars would gain the prize; but a pretension to the offices of the state should be founded on a superiority in those qualifications which are useful to it: for which reason those of family, independency, and fortune, with great propriety, contend with each other for them; for these are the fit persons to fill them: for a city can no more consist of all poor men than it can of all slaves But if such persons are requisite, it is evident that those also who are just and valiant are equally so; for without justice and valour no state can be supported, the former being necessary for its existence, the latter for its happiness.

CHAPTER XIII

It seems, then, requisite for the establishment of a state, that all, or at least many of these particulars should be well canvassed and inquired into; and that virtue and education may most justly claim the right of being considered as the necessary means of making the citizens happy, as we have already said. As those who are equal in one particular are not therefore equal in all, and those who are unequal in one particular are not therefore unequal in all, it follows that all those governments which are established upon a principle which supposes they are, are erroneous.

We have already said, that all the members of the community will dispute with each other for the offices of the state; and in some particulars justly, but not so in general; the rich, for instance, because they have the greatest landed property, and the ultimate right to the soil is vested in the community; and also because their fidelity is in general most to be depended on. The freemen and men of family will dispute the point with each other, as nearly on an equality; for these latter have a right to a higher regard as citizens than obscure persons, for honourable descent is everywhere of great esteem: nor is it an improper conclusion, that the descendants of men of worth will be men of worth themselves; for noble birth is the fountain of virtue to men of family: for the same reason also we justly say, that virtue has a right to put in her pretensions. Justice, for instance, is a virtue, and so necessary to society, that all others must yield her the precedence.