Aristotle (9 page)

(Characteristic of Phaleas is the equalization of property; of Plato, the community of women, children, and property, the common meals of women, and the law about drinking, that the sober shall be masters of the feast; also the training of soldiers to acquire by practice equal skill with both hands, so that one should be as useful as the other.)

Draco has left laws, but he adapted them to a constitution which already existed, and there is no peculiarity in them which is worth mentioning, except the greatness and severity of the punishments.

Pittacus, too, was only a lawgiver, and not the author of a constitution; he has a law which is peculiar to him, that, if a drunken man do something wrong, he shall be more heavily punished than if he were sober; he looked not to the excuse which might be offered for the drunkard, but only to expediency, for drunken more often than sober people commit acts of violence.

Androdamas of Rhegium gave laws to the Chalcidians of Thrace. Some of them relate to homicide, and to heiresses; but there is nothing remarkable in them.

And here let us conclude our inquiry into the various constitutions which either actually exist, or have been devised by theorists.

HE who would inquire into the essence and attributes of various kinds of governments must first of all determine 'What is a state?' At present this is a disputed question. Some say that the state has done a certain act; others, no, not the state, but the oligarchy or the tyrant. And the legislator or statesman is concerned entirely with the state; a constitution or government being an arrangement of the inhabitants of a state. But a state is composite, like any other whole made up of many parts; these are the citizens, who compose it. It is evident, therefore, that we must begin by asking, Who is the citizen, and what is the meaning of the term? For here again there may be a difference of opinion. He who is a citizen in a democracy will often not be a citizen in an oligarchy. Leaving out of consideration those who have been made citizens, or who have obtained the name of citizen any other accidental manner, we may say, first, that a citizen is not a citizen because he lives in a certain place, for resident aliens and slaves share in the place; nor is he a citizen who has no legal right except that of suing and being sued; for this right may be enjoyed under the provisions of a treaty. Nay, resident aliens in many places do not possess even such rights completely, for they are obliged to have a patron, so that they do but imperfectly participate in citizenship, and we call them citizens only in a qualified sense, as we might apply the term to children who are too young to be on the register, or to old men who have been relieved from state duties. Of these we do not say quite simply that they are citizens, but add in the one case that they are not of age, and in the other, that they are past the age, or something of that sort; the precise expression is immaterial, for our meaning is clear. Similar difficulties to those which I have mentioned may be raised and answered about deprived citizens and about exiles. But the citizen whom we are seeking to define is a citizen in the strictest sense, against whom no such exception can be taken, and his special characteristic is that he shares in the administration of justice, and in offices. Now of offices some are discontinuous, and the same persons are not allowed to hold them twice, or can only hold them after a fixed interval; others have no limit of time- for example, the office of a dicast or ecclesiast. It may, indeed, be argued that these are not magistrates at all, and that their functions give them no share in the government. But surely it is ridiculous to say that those who have the power do not govern. Let us not dwell further upon this, which is a purely verbal question; what we want is a common term including both dicast and ecclesiast. Let us, for the sake of distinction, call it 'indefinite office,' and we will assume that those who share in such office are citizens. This is the most comprehensive definition of a citizen, and best suits all those who are generally so called.

But we must not forget that things of which the underlying principles differ in kind, one of them being first, another second, another third, have, when regarded in this relation, nothing, or hardly anything, worth mentioning in common. Now we see that governments differ in kind, and that some of them are prior and that others are posterior; those which are faulty or perverted are necessarily posterior to those which are perfect. (What we mean by perversion will be hereafter explained.) The citizen then of necessity differs under each form of government; and our definition is best adapted to the citizen of a democracy; but not necessarily to other states. For in some states the people are not acknowledged, nor have they any regular assembly, but only extraordinary ones; and suits are distributed by sections among the magistrates. At Lacedaemon, for instance, the Ephors determine suits about contracts, which they distribute among themselves, while the elders are judges of homicide, and other causes are decided by other magistrates. A similar principle prevails at Carthage; there certain magistrates decide all causes. We may, indeed, modify our definition of the citizen so as to include these states. In them it is the holder of a definite, not of an indefinite office, who legislates and judges, and to some or all such holders of definite offices is reserved the right of deliberating or judging about some things or about all things. The conception of the citizen now begins to clear up.

He who has the power to take part in the deliberative or judicial administration of any state is said by us to be a citizens of that state; and, speaking generally, a state is a body of citizens sufficing for the purposes of life.

II

But in practice a citizen is defined to be one of whom both the parents are citizens; others insist on going further back; say to two or three or more ancestors. This is a short and practical definition but there are some who raise the further question: How this third or fourth ancestor came to be a citizen? Gorgias of Leontini, partly because he was in a difficulty, partly in irony, said- 'Mortars are what is made by the mortar-makers, and the citizens of Larissa are those who are made by the magistrates; for it is their trade to make Larissaeans.' Yet the question is really simple, for, if according to the definition just given they shared in the government, they were citizens. This is a better definition than the other. For the words, 'born of a father or mother who is a citizen,' cannot possibly apply to the first inhabitants or founders of a state.

There is a greater difficulty in the case of those who have been made citizens after a revolution, as by Cleisthenes at Athens after the expulsion of the tyrants, for he enrolled in tribes many metics, both strangers and slaves. The doubt in these cases is, not who is, but whether he who is ought to be a citizen; and there will still be a furthering the state, whether a certain act is or is not an act of the state; for what ought not to be is what is false. Now, there are some who hold office, and yet ought not to hold office, whom we describe as ruling, but ruling unjustly. And the citizen was defined by the fact of his holding some kind of rule or office- he who holds a judicial or legislative office fulfills our definition of a citizen.

It is evident, therefore, that the citizens about whom the doubt has arisen must be called citizens.

III

Whether they ought to be so or not is a question which is bound up with the previous inquiry. For a parallel question is raised respecting the state, whether a certain act is or is not an act of the state; for example, in the transition from an oligarchy or a tyranny to a democracy. In such cases persons refuse to fulfill their contracts or any other obligations, on the ground that the tyrant, and not the state, contracted them; they argue that some constitutions are established by force, and not for the sake of the common good. But this would apply equally to democracies, for they too may be founded on violence, and then the acts of the democracy will be neither more nor less acts of the state in question than those of an oligarchy or of a tyranny. This question runs up into another: on what principle shall we ever say that the state is the same, or different? It would be a very superficial view which considered only the place and the inhabitants (for the soil and the population may be separated, and some of the inhabitants may live in one place and some in another).

This, however, is not a very serious difficulty; we need only remark that the word 'state' is ambiguous.

It is further asked: When are men, living in the same place, to be regarded as a single city- what is the limit? Certainly not the wall of the city, for you might surround all Peloponnesus with a wall. Like this, we may say, is Babylon, and every city that has the compass of a nation rather than a city; Babylon, they say, had been taken for three days before some part of the inhabitants became aware of the fact.

This difficulty may, however, with advantage be deferred to another occasion; the statesman has to consider the size of the state, and whether it should consist of more than one nation or not.

Again, shall we say that while the race of inhabitants, as well as their place of abode, remain the same, the city is also the same, although the citizens are always dying and being born, as we call rivers and fountains the same, although the water is always flowing away and coming again Or shall we say that the generations of men, like the rivers, are the same, but that the state changes? For, since the state is a partnership, and is a partnership of citizens in a constitution, when the form of government changes, and becomes different, then it may be supposed that the state is no longer the same, just as a tragic differs from a comic chorus, although the members of both may be identical. And in this manner we speak of every union or composition of elements as different when the form of their composition alters; for example, a scale containing the same sounds is said to be different, accordingly as the Dorian or the Phrygian mode is employed. And if this is true it is evident that the sameness of the state consists chiefly in the sameness of the constitution, and it may be called or not called by the same name, whether the inhabitants are the same or entirely different. It is quite another question, whether a state ought or ought not to fulfill engagements when the form of government changes.

IV

There is a point nearly allied to the preceding: Whether the virtue of a good man and a good citizen is the same or not. But, before entering on this discussion, we must certainly first obtain some general notion of the virtue of the citizen. Like the sailor, the citizen is a member of a community. Now, sailors have different functions, for one of them is a rower, another a pilot, and a third a look-out man, a fourth is described by some similar term; and while the precise definition of each individual's virtue applies exclusively to him, there is, at the same time, a common definition applicable to them all. For they have all of them a common object, which is safety in navigation. Similarly, one citizen differs from another, but the salvation of the community is the common business of them all. This community is the constitution; the virtue of the citizen must therefore be relative to the constitution of which he is a member. If, then, there are many forms of government, it is evident that there is not one single virtue of the good citizen which is perfect virtue. But we say that the good man is he who has one single virtue which is perfect virtue. Hence it is evident that the good citizen need not of necessity possess the virtue which makes a good man.

The same question may also be approached by another road, from a consideration of the best constitution. If the state cannot be entirely composed of good men, and yet each citizen is expected to do his own business well, and must therefore have virtue, still inasmuch as all the citizens cannot be alike, the virtue of the citizen and of the good man cannot coincide. All must have the virtue of the good citizen- thus, and thus only, can the state be perfect; but they will not have the virtue of a good man, unless we assume that in the good state all the citizens must be good.

Again, the state, as composed of unlikes, may be compared to the living being: as the first elements into which a living being is resolved are soul and body, as soul is made up of rational principle and appetite, the family of husband and wife, property of master and slave, so of all these, as well as other dissimilar elements, the state is composed; and, therefore, the virtue of all the citizens cannot possibly be the same, any more than the excellence of the leader of a chorus is the same as that of the performer who stands by his side. I have said enough to show why the two kinds of virtue cannot be absolutely and always the same.

But will there then be no case in which the virtue of the good citizen and the virtue of the good man coincide? To this we answer that the good ruler is a good and wise man, and that he who would be a statesman must be a wise man. And some persons say that even the education of the ruler should be of a special kind; for are not the children of kings instructed in riding and military exercises? As Euripides says:

No subtle arts for me, but what the state requires.

As though there were a special education needed by a ruler. If then the virtue of a good ruler is the same as that of a good man, and we assume further that the subject is a citizen as well as the ruler, the virtue of the good citizen and the virtue of the good man cannot be absolutely the same, although in some cases they may; for the virtue of a ruler differs from that of a citizen. It was the sense of this difference which made Jason say that 'he felt hungry when he was not a tyrant,' meaning that he could not endure to live in a private station. But, on the other hand, it may be argued that men are praised for knowing both how to rule and how to obey, and he is said to be a citizen of approved virtue who is able to do both. Now if we suppose the virtue of a good man to be that which rules, and the virtue of the citizen to include ruling and obeying, it cannot be said that they are equally worthy of praise. Since, then, it is sometimes thought that the ruler and the ruled must learn different things and not the same, but that the citizen must know and share in them both, the inference is obvious. There is, indeed, the rule of a master, which is concerned with menial offices- the master need not know how to perform these, but may employ others in the execution of them: the other would be degrading; and by the other I mean the power actually to do menial duties, which vary much in character and are executed by various classes of slaves, such, for example, as handicraftsmen, who, as their name signifies, live by the labor of their hands: under these the mechanic is included. Hence in ancient times, and among some nations, the working classes had no share in the government- a privilege which they only acquired under the extreme democracy. Certainly the good man and the statesman and the good citizen ought not to learn the crafts of inferiors except for their own occasional use; if they habitually practice them, there will cease to be a distinction between master and slave.