sale or purchase of an inheritance, he allows anybody who likes to - TopicsExpress



          

sale or purchase of an inheritance, he allows anybody who likes to give or bequeath it. Yet both practices lead to the same result. And nearly two-fifths of the whole country are held by women; this is owing to the number of heiresses and to the large dowries which are customary. It would surely have been better to have given no dowries at all, or, if any, but small or moderate ones. As the law now stands, a man may bestow his heiress on any one whom he pleases, and, if he die intestate, the privilege of giving her away descends to his heir. Hence, although the country is able to maintain 1500 cavalry and 30,000 hoplites, the whole number of Spartan citizens fell below 1000. The result proves the faulty nature of their laws respecting property; for the city sank under a single defeat; the want of men was their ruin. There is a tradition that, in the days of their ancient kings, they were in the habit of giving the rights of citizenship to strangers, and therefore, in spite of their long wars, no lack of population was experienced by them; indeed, at one time Sparta is said to have numbered not less than 10,000 citizens Whether this statement is true or not, it would certainly have been better to have maintained their numbers by the equalization of property. Again, the law which relates to the procreation of children is adverse to the correction of this inequality. For the legislator, wanting to have as many Spartans as he could, encouraged the citizens to have large families; and there is a law at Sparta that the father of three sons shall be exempt from military service, and he who has four from all the burdens of the state. Yet it is obvious that, if there were many children, the land being distributed as it is, many of them must necessarily fall into poverty. The Lacedaemonian constitution is defective in another point; I mean the Ephoralty. This magistracy has authority in the highest matters, but the Ephors are chosen from the whole people, and so the office is apt to fall into the hands of very poor men, who, being badly off, are open to bribes. There have been many examples at Sparta of this evil in former times; and quite recently, in the matter of the Andrians, certain of the Ephors who were bribed did their best to ruin the state. And so great and tyrannical is their power, that even the kings have been compelled to court them, so that, in this way as well together with the royal office, the whole constitution has deteriorated, and from being an aristocracy has turned into a democracy. The Ephoralty certainly does keep the state together; for the people are contented when they have a share in the highest office, and the result, whether due to the legislator or to chance, has been advantageous. For if a constitution is to be permanent, all the parts of the state must wish that it should exist and the same arrangements be maintained. This is the case at Sparta, where the kings desire its permanence because they have due honor in their own persons; the nobles because they are represented in the council of elders (for the office of elder is a reward of virtue); and the people, because all are eligible to the Ephoralty. The election of Ephors out of the whole people is perfectly right, but ought not to be carried on in the present fashion, which is too childish. Again, they have the decision of great causes, although they are quite ordinary men, and therefore they should not determine them merely on their own judgment, but according to written rules, and to the laws. Their way of life, too, is not in accordance with the spirit of the constitution – they have a deal too much license; whereas, in the case of the other citizens, the excess of strictness is so intolerable that they run away from the law into the secret indulgence of sensual pleasures. Again, the council of elders is not free from defects. It may be said that the elders are good men and well trained in manly virtue; and that, therefore, there is an advantage to the state in having them. But that judges of important causes should hold office for life is a disputable thing, for the mind grows old as well as the body. And when men have been educated in such a manner that even the legislator himself cannot trust them, there is real danger. Many of the elders are well known to have taken bribes and to have been guilty of partiality in public affairs. And therefore they ought not to be irresponsible; yet at Sparta they are so. But (it may be replied), All magistracies are accountable to the Ephors. Yes, but this prerogative is too great for them, and we maintain that the control should be exercised in some other manner. Further, the mode in which the Spartans elect their elders is childish; and it is improper that the person to be elected should canvass for the office; the worthiest should be appointed, whether he chooses or not. And here the legislator clearly indicates the same intention which appears in other parts of his constitution; he would have his citizens ambitious, and he has reckoned upon this quality in the election of the elders; for no one would ask to be elected if he were not. Yet ambition and avarice, almost more than any other passions, are the motives of crime. Whether kings are or are not an advantage to states, I will consider at another time; they should at any rate be chosen, not as they are now, but with regard to their personal life and conduct. The legislator himself obviously did not suppose that he could make them really good men; at least he shows a great distrust of their virtue. For this reason the Spartans used to join enemies with them in the same embassy, and the quarrels between the kings were held to be conservative of the state. Neither did the first introducer of the common meals, called phiditia, regulate them well. The entertainment ought to have been provided at the public cost, as in Crete; but among the Lacedaemonians every one is expected to contribute, and some of them are too poor to afford the expense; thus the intention of the legislator is frustrated. The common meals were meant to be a popular institution, but the existing manner of regulating them is the reverse of popular. For the very poor can scarcely take part in them; and, according to ancient custom, those who cannot contribute are not allowed to retain their rights of citizenship. The law about the Spartan admirals has often been censured, and with justice; it is a source of dissension, for the kings are perpetual generals, and this office of admiral is but the setting up of another king. The charge which Plato brings, in the Laws, against the intention of the legislator, is likewise justified; the whole constitution has regard to one part of virtue only – the virtue of the soldier, which gives victory in war. So long as they were at war, therefore, their power was preserved, but when they had attained empire they fell for of the arts of peace they knew nothing, and had never engaged in any employment higher than war. There is another error, equally great, into which they have fallen. Although they truly think that the goods for which men contend are to be acquired by virtue rather than by vice, they err in supposing that these goods are to be preferred to the virtue which gains them. Once more: the revenues of the state are ill-managed; there is no money in the treasury, although they are obliged to carry on great wars, and they are unwilling to pay taxes. The greater part of the land being in the hands of the Spartans, they do not look closely into one anothers contributions. The result which the legislator has produced is the reverse of beneficial; for he has made his city poor, and his citizens greedy. Enough respecting the Spartan constitution, of which these are the principal defects. X The Cretan constitution nearly resembles the Spartan, and in some few points is quite as good; but for the most part less perfect in form. The older constitutions are generally less elaborate than the later, and the Lacedaemonian is said to be, and probably is, in a very great measure, a copy of the Cretan. According to tradition, Lycurgus, when he ceased to be the guardian of King Charillus, went abroad and spent most of his time in Crete. For the two countries are nearly connected; the Lyctians are a colony of the Lacedaemonians, and the colonists, when they came to Crete, adopted the constitution which they found existing among the inhabitants. Even to this day the Perioeci, or subject population of Crete, are governed by the original laws which Minos is supposed to have enacted. The island seems to be intended by nature for dominion in Hellas, and to be well situated; it extends right across the sea, around which nearly all the Hellenes are settled; and while one end is not far from the Peloponnese, the other almost reaches to the region of Asia about Triopium and Rhodes. Hence Minos acquired the empire of the sea, subduing some of the islands and colonizing others; at last he invaded Sicily, where he died near Camicus. The Cretan institutions resemble the Lacedaemonian. The Helots are the husbandmen of the one, the Perioeci of the other, and both Cretans and Lacedaemonians have common meals, which were anciently called by the Lacedaemonians not phiditia but andria; and the Cretans have the same word, the use of which proves that the common meals originally came from Crete. Further, the two constitutions are similar; for the office of the Ephors is the same as that of the Cretan Cosmi, the only difference being that whereas the Ephors are five, the Cosmi are ten in number. The elders, too, answer to the elders in Crete, who are termed by the Cretans the council. And the kingly office once existed in Crete, but was abolished, and the Cosmi have now the duty of leading them in war. All classes share in the ecclesia, but it can only ratify the decrees of the elders and the Cosmi. The common meals of Crete are certainly better managed than the Lacedaemonian; for in Lacedaemon every one pays so much per head, or, if he fails, the law, as I have already explained, forbids him to exercise the rights of citizenship. But in Crete they are of a more popular character. There, of all the fruits of the earth and cattle raised on the public lands, and of the tribute which is paid by the Perioeci, one portion is assigned to the Gods and to the service of the state, and another to the common meals, so that men, women, and children are all supported out of a common stock. The legislator has many ingenious ways of securing moderation in eating, which he conceives to be a gain; he likewise encourages the separation of men from women, lest they should have too many children, and the companionship of men with one another – whether this is a good or bad thing I shall have an opportunity of considering at another time. But that the Cretan common meals are better ordered than the Lacedaemonian there can be no doubt. On the other hand, the Cosmi are even a worse institution than the Ephors, of which they have all the evils without the good. Like the Ephors, they are any chance persons, but in Crete this is not counterbalanced by a corresponding political advantage. At Sparta every one is eligible, and the body of the people, having a share in the highest office, want the constitution to be permanent. But in Crete the Cosmi are elected out of certain families, and not out of the whole people, and the elders out of those who have been Cosmi. The same criticism may be made about the Cretan, which has been already made about the Lacedaemonian elders. Their irresponsibility and life tenure is too great a privilege, and their arbitrary power of acting upon their own judgment, and dispensing with written law, is dangerous. It is no proof of the goodness of the institution that the people are not discontented at being excluded from it. For there is no profit to be made out of the office as out of the Ephoralty, since, unlike the Ephors, the Cosmi, being in an island, are removed from temptation. The remedy by which they correct the evil of this institution is an extraordinary one, suited rather to a close oligarchy than to a constitutional state. For the Cosmi are often expelled by a conspiracy of their own colleagues, or of private individuals; and they are allowed also to resign before their term of office has expired. Surely all matters of this kind are better regulated by law than by the will of man, which is a very unsafe rule. Worst of all is the suspension of the office of Cosmi, a device to which the nobles often have recourse when they will not submit to justice. This shows that the Cretan government, although possessing some of the characteristics of a constitutional state, is really a close oligarchy. The nobles have a habit, too, of setting up a chief; they get together a party among the common people and their own friends and then quarrel and fight with one another. What is this but the temporary destruction of the state and dissolution of society? A city is in a dangerous condition when those who are willing are also able to attack her. But, as I have already said, the island of Crete is saved by her situation; distance has the same effect as the Lacedaemonian prohibition of strangers; and the Cretans have no foreign dominions. This is the reason why the Perioeci are contented in Crete, whereas the Helots are perpetually revolting. But when lately foreign invaders found their way into the island, the weakness of the Cretan constitution was revealed. Enough of the government of Crete. XI The Carthaginians are also considered to have an excellent form of government, which differs from that of any other state in several respects, though it is in some very like the Lacedaemonian. Indeed, all three states – the Lacedaemonian, the Cretan, and the Carthaginian – nearly resemble one another, and are very different from any others. Many of the Carthaginian institutions are excellent The superiority of their constitution is proved by the fact that the common people remain loyal to the constitution the Carthaginians have never had any rebellion worth speaking of, and have never been under the rule of a tyrant. Among the points in which the Carthaginian constitution resembles the Lacedaemonian are the following: The common tables of the clubs answer to the Spartan phiditia, and their magistracy of the 104 to the Ephors; but, whereas the Ephors are any chance persons, the magistrates of the Carthaginians are elected according to merit – this is an improvement. They have also their kings and their gerusia, or council of elders, who correspond to the kings and elders of Sparta. Their kings, unlike the Spartan, are not always of the same family, nor that an ordinary one, but if there is some distinguished family they are selected out of it and not appointed by senority – this is far better. Such officers have great power, and therefore, if they are persons of little worth, do a great deal of harm, and they have already done harm at Lacedaemon. Most of the defects or deviations from the perfect state, for which the Carthaginian constitution would be censured, apply equally to all the forms of government which we have mentioned. But of the deflections from aristocracy and constitutional government, some incline more to democracy and some to oligarchy. The kings and elders, if unanimous, may determine whether they will or will not bring a matter before the people, but when they are not unanimous, the people decide on such matters as well. And whatever the kings and elders bring before the people is not only heard but also determined by them, and any one who likes may oppose it; now this is not permitted in Sparta and Crete. That the magistrates of five who have under them many important matters should be co-opted, that they should choose the supreme council of 100, and should hold office longer than other magistrates (for they are virtually rulers both before and after they hold office) – these are oligarchical features; their being without salary and not elected by lot, and any similar points, such as the practice of having all suits tried by the magistrates, and not some by one class of judges or jurors and some by another, as at Lacedaemon, are characteristic of aristocracy. The Carthaginian constitution deviates from aristocracy and inclines to oligarchy, chiefly on a point where popular opinion is on their side. For men in general think that magistrates should be chosen not only for their merit, but for their wealth: a man, they say, who is poor cannot rule well – he has not the leisure. If, then, election of magistrates for their wealth be characteristic of oligarchy, and election for merit of aristocracy, there will be a third form under which the constitution of Carthage is comprehended; for the Carthaginians choose their magistrates, and particularly the highest of them – their kings and generals – with an eye both to merit and to wealth. But we must acknowledge that, in thus deviating from aristocracy, the legislator has committed an error. Nothing is more absolutely necessary than to provide that the highest class, not only when in office, but when out of office, should have leisure and not disgrace themselves in any way; and to this his attention should be first directed. Even if you must have regard to wealth, in order to secure leisure, yet it is surely a bad thing that the greatest offices, such as those of kings and generals, should be bought. The law which allows this abuse makes wealth of more account than virtue, and the whole state becomes avaricious. For, whenever the chiefs of the state deem anything honorable, the other citizens are sure to follow their example; and, where virtue has not the first place, their aristocracy cannot be firmly established. Those who have been at the expense of purchasing their places will be in the habit of repaying themselves; and it is absurd to suppose that a poor and honest man will be wanting to make gains, and that a lower stamp of man who has incurred a great expense will not. Wherefore they should rule who are able to rule best. And even if the legislator does not care to protect the good from poverty, he should at any rate secure leisure for them when in office. It would seem also to be a bad principle that the same person should hold many offices, which is a favorite practice among the Carthaginians, for one business is better done by one man. The legislator should see to this and should not appoint the same person to be a flute-player and a shoemaker. Hence, where the state is large, it is more in accordance both with constitutional and with democratic principles that the offices of state should be distributed among many persons. For, as I said, this arrangement is fairer to all, and any action familiarized by repetition is better and sooner performed. We have a proof in military and naval matters; the duties of command and of obedience in both these services extend to all. The government of the Carthaginians is oligarchical, but they successfully escape the evils of oligarchy by enriching one portion of the people after another by sending them to their colonies. This is their panacea and the means by which they give stability to the state. Accident favors them, but the legislator should be able to provide against revolution without trusting to accidents. As things are, if any misfortune occurred, and the bulk of the subjects revolted, there would be no way of restoring peace by legal methods. Such is the character of the Lacedaemonian, Cretan, and Carthaginian constitutions, which are justly celebrated. XII Of those who have treated of governments, some have never taken any part at all in public affairs, but have passed their lives in a private station; about most of them, what was worth telling has been already told. Others have been lawgivers, either in their own or in foreign cities, whose affairs they have administered; and of these some have only made laws, others have framed constitutions; for example, Lycurgus and Solon did both. Of the Lacedaemonian constitution I have already spoken. As to Solon, he is thought by some to have been a good legislator, who put an end to the exclusiveness of the oligarchy, emancipated the people, established the ancient Athenian democracy, and harmonized the different elements of the state. According to their view, the council of Areopagus was an oligarchical element, the elected magistracy, aristocratical, and the courts of law, democratical. The truth seems to be that the council and the elected magistracy existed before the time of Solon, and were retained by him, but that he formed the courts of law out of an the citizens, thus creating the democracy, which is the very reason why he is sometimes blamed. For in giving the supreme power to the law courts, which are elected by lot, he is thought to have destroyed the non-democratic element. When the law courts grew powerful, to please the people who were now playing the tyrant the old constitution was changed into the existing democracy. Ephialtes and Pericles curtailed the power of the Areopagus; Pericles also instituted the payment of the juries, and thus every demagogue in turn increased the power of the democracy until it became what we now see. All this is true; it seems, however, to be the result of circumstances, and not to have been intended by Solon. For the people, having been instrumental in gaining the empire of the sea in the Persian War, began to get a notion of itself, and followed worthless demagogues, whom the better class opposed. Solon, himself, appears to have given the Athenians only that power of electing to offices and calling to account the magistrates which was absolutely necessary; for without it they would have been in a state of slavery and enmity to the government. All the magistrates he appointed from the notables and the men of wealth, that is to say, from the pentacosio-medimni, or from the class called zeugitae, or from a third class of so-called knights or cavalry. The fourth class were laborers who had no share in any magistracy. Mere legislators were Zaleucus, who gave laws to the Epizephyrian Locrians, and Charondas, who legislated for his own city of Catana, and for the other Chalcidian cities in Italy and Sicily. Some people attempt to make out that Onomacritus was the first person who had any special skill in legislation, and that he, although a Locrian by birth, was trained in Crete, where he lived in the exercise of his prophetic art; that Thales was his companion, and that Lycurgus and Zaleucus were disciples of Thales, as Charondas was of Zaleucus. But their account is quite inconsistent with chronology. There was also Philolaus, the Corinthian, who gave laws to the Thebans. This Philolaus was one of the family of the Bacchiadae, and a lover of Diocles, the Olympic victor, who left Corinth in horror of the incestuous passion which his mother Halcyone had conceived for him, and retired to Thebes, where the two friends together ended their days. The inhabitants still point out their tombs, which are in full view of one another, but one is visible from the Corinthian territory, the other not. Tradition says the two friends arranged them thus, Diocles out of horror at his misfortunes, so that the land of Corinth might not be visible from his tomb; Philolaus that it might. This is the reason why they settled at Thebes, and so Philolaus legislated for the Thebans, and, besides some other enactments, gave them laws about the procreation of children, which they call the Laws of Adoption. These laws were peculiar to him, and were intended to preserve the number of the lots. In the legislation of Charondas there is nothing remarkable, except the suits against false witnesses. He is the first who instituted denunciation for perjury. His laws are more exact and more precisely expressed than even those of our modern legislators. (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. BOOK THREE I 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 individuals 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
Posted on: Tue, 29 Oct 2013 02:46:13 +0000

Trending Topics



Recently Viewed Topics




© 2015