The Basic Works of Aristotle (Modern Library Classics) (207 page)

14
     Having thus gained an appropriate basis of discussion we will proceed to speak of the points which follow next in order.
(35)
We will consider the subject not only in general but with reference to particular constitutions. All constitutions have three elements, concerning which the good lawgiver has to regard what is expedient for each constitution. When they are well-ordered, the constitution is well-ordered, and as they differ from one another, constitutions differ.
(40)
There is (1) one element which deliberates about public affairs; secondly (2) that concerned with the magistracies—the questions being, what they should be, over what they should exercise authority, and what should be the mode of electing to them; and thirdly (3) that which has judicial power.
[1298a]

The deliberative element has authority in matters of war and peace, in making and unmaking alliances; it passes laws,
(5)
inflicts death, exile, confiscation, elects magistrates and audits their accounts. These powers must be assigned either all to all the citizens or all to some of them (for example, to one or more magistracies, or different causes to different magistracies), or some of them to all, and others of them only to some. That all things should be decided by all is characteristic of democracy; this is the sort of equality which the people desire.
(10)
But there are various ways in which all may share in the government; they may deliberate, not all in one body, but by turns, as in the constitution of Telecles the Milesian. There are other constitutions in which the boards of magistrates meet and deliberate,
(15)
but come into office by turns, and are elected out of the tribes and the
very smallest divisions of the state, until every one has obtained office in his turn. The citizens, on the other hand, are assembled only for the purposes of legislation, and to consult about the constitution, and to hear the edicts of the magistrates.
(20)
In another variety of democracy the citizens form one assembly, but meet only to elect magistrates, to pass laws, to advise about war and peace, and to make scrutinies. Other matters are referred severally to special magistrates, who are elected by vote or by lot out of all the citizens. Or again,
(25)
the citizens meet about election to offices and about scrutinies, and deliberate concerning war or alliances while other matters are administered by the magistrates, who, as far as is possible,
⁴⁵
are elected by vote. I am speaking of those magistracies in which special knowledge is required. A fourth form of democracy is when all the citizens meet to deliberate about everything,
(30)
and the magistrates decide nothing, but only make the preliminary inquiries; and that is the way in which the last and worst form of democracy, corresponding, as we maintain,
⁴⁶
to the close family oligarchy and to tyranny, is at present administered. All these modes are democratical.

On the other hand, that some should deliberate about all is oligarchical.
(35)
This again is a mode which, like the democratical, has many forms. When the deliberative class being elected out of those who have a moderate qualification are numerous and they respect and obey the prohibitions of the law without altering it, and any one who has the required qualification shares in the government, then,
(40)
just because of this moderation, the oligarchy inclines towards polity. But when only selected individuals and not the whole people share in the deliberations of the state, then, although, as in the former case, they observe the law, the government is a pure oligarchy.
[1298b]
Or, again, when those who have the power of deliberation are self-elected, and son succeeds father, and they and not the laws are supreme—the government is of necessity oligarchical.
(5)
Where, again, particular persons have authority in particular matters;—for example, when the whole people decide about peace and war and hold scrutinies, but the magistrates regulate everything else, and they are elected by vote—there the government is an aristocracy. And if some questions are decided by magistrates elected by vote, and others by magistrates elected by lot, either absolutely or out of select candidates,
(10)
or elected partly by vote, partly by lot—these practices are partly characteristic of an aristocratical government, and partly of a pure constitutional government.

These are the various forms of the deliberative body; they correspond to the various forms of government. And the government of each state is administered according to one or other of the principles which have been laid down. Now it is for the interest of democracy, according to the most prevalent notion of it (I am speaking of that extreme form of democracy in which the people are supreme even over the laws), with a view to better deliberation to adopt the custom of oligarchies respecting courts of law.
(15)
For in oligarchies the rich who are wanted to be judges are compelled to attend under pain of a fine, whereas in democracies the poor are paid to attend. And this practice of oligarchies should be adopted by democracies in their public assemblies, for they will advise better if they all deliberate together—the people with the notables and the notables with the people.
(20)
It is also a good plan that those who deliberate should be elected by vote or by lot in equal numbers out of the different classes; and that if the people greatly exceed in number those who have political training, pay should not be given to all,
(25)
but only to as many as would balance the number of the notables, or that the number in excess should be eliminated by lot. But in oligarchies either certain persons should be co-opted from the mass, or a class of officers should be appointed such as exist in some states, who are termed probuli and guardians of the law; and the citizens should occupy themselves exclusively with matters on which these have previously deliberated; for so the people will have a share in the deliberations of the state,
(30)
but will not be able to disturb the principles of the constitution. Again, in oligarchies either the people ought to accept the measures of the government, or not to pass anything contrary to them; or, if all are allowed to share in counsel, the decision should rest with the magistrates. The opposite of what is done in constitutional governments should be the rule in oligarchies; the veto of the majority should be final,
(35)
their assent not final, but the proposal should be referred back to the magistrates. Whereas in constitutional governments they take the contrary course; the few have the negative, not the affirmative power; the affirmation of everything rests with the multitude.
(40)
[1299a]

These, then, are our conclusions respecting the deliberative, that is, the supreme element in states.

15
     Next we will proceed to consider the distribution of offices; this too, being a part of politics concerning which many questions arise:—What shall their number be? Over what shall they preside,
(5)
and what
shall be their duration? Sometimes they last for six months, sometimes for less; sometimes they are annual, whilst in other cases offices are held for still longer periods. Shall they be for life or for a long term of years; or, if for a short term only, shall the same persons hold them over and over again,
(10)
or once only? Also about the appointment to them—from whom are they to be chosen, by whom, and how? We should first be in a position to say what are the possible varieties of them, and then we may proceed to determine which are suited to different forms of government. But what are to be included under the term ‘offices’? That is a question not quite so easily answered.
(15)
For a political community requires many officers; and not every one who is chosen by vote or by lot is to be regarded as a ruler. In the first place there are the priests, who must be distinguished from political officers; masters of choruses and heralds, even ambassadors, are elected by vote.
(20)
Some duties of superintendence again are political, extending either to all the citizens in a single sphere of action, like the office of the general who superintends them when they are in the field, or to a section of them only, like the inspectorships of women or of youth. Other offices are concerned with household management, like that of the corn measurers who exist in many states and are elected officers. There are also menial offices which the rich have executed by their slaves.
(25)
Speaking generally, those are to be called offices to which the duties are assigned of deliberating about certain measures and of judging and commanding, especially the last; for to command is the especial duty of a magistrate. But the question is not of any importance in practice; no one has ever brought into court the meaning of the word,
(30)
although such problems have a speculative interest.

What kinds of offices, and how many, are necessary to the existence of a state, and which, if not necessary, yet conduce to its well-being, are much more important considerations, affecting all constitutions,
(35)
but more especially small states. For in great states it is possible, and indeed necessary, that every office should have a special function; where the citizens are numerous, many may hold office. And so it happens that some offices a man holds a second time only after a long interval, and others he holds once only; and certainly every work is better done which receives the sole, and not the divided attention of the worker.
[1299b]
But in small states it is necessary to combine many offices in a few hands, since the small number of citizens does not admit of many holding office:—for who will there be to succeed them? And yet small states at times require the same offices and laws as large ones; the difference is that the one want them often,
(5)
the
others only after long intervals. Hence there is no reason why the care of many offices should not be imposed on the same person, for they will not interfere with each other. When the population is small, offices should be like the spits which also serve to hold a lamp.
⁴⁷
We must first ascertain how many magistrates are necessary in every state,
(10)
and also how many are not exactly necessary, but are nevertheless useful, and then there will be no difficulty in seeing what offices can be combined in one. We should also know over which matters several local tribunals are to have jurisdiction,
(15)
and in which authority should be centralized: for example, should one person keep order in the market and another in some other place, or should the same person be responsible everywhere? Again, should offices be divided according to the subjects with which they deal, or according to the persons with whom they deal: I mean to say, should one person see to good order in general, or one look after the boys, another after the women, and so on? Further, under different constitutions,
(20)
should the magistrates be the same or different? For example, in democracy, oligarchy, aristocracy, monarchy, should there be the same magistrates, although they are elected, not out of equal or similar classes of citizens, but differently under different constitutions—in aristocracies, for example, they are chosen from the educated, in oligarchies from the wealthy, and in democracies from the free—or are there certain differences in the offices answering to them as well,
(25)
and may the same be suitable to some, but different offices to others? For in some states it may be convenient that the same office should have a more extensive, in other states a narrower sphere. Special offices are peculiar to certain forms of government:—for example that of probuli,
(30)
which is not a democratic office, although a bule or council is. There must be some body of men whose duty is to prepare measures for the people in order that they may not be diverted from their business; when these are few in number, the state inclines to an oligarchy: or rather the probuli must always be few,
(35)
and are therefore an oligarchical element. But when both institutions exist in a state, the probuli are a check on the council; for the counsellor is a democratic element, but the probuli are oligarchical. Even the power of the council disappears when democracy has taken that extreme form in which the people themselves are always meeting and deliberating about everything.
[1300a]
This is the case when the members of the assembly receive abundant pay; for they have nothing to do and are always holding assemblies and deciding everything for themselves. A
magistracy which controls the boys or the women, or any similar office,
(5)
is suited to an aristocracy rather than to a democracy; for how can the magistrates prevent the wives of the poor from going out of doors? Neither is it an oligarchical office; for the wives of the oligarchs are too fine to be controlled.

Enough of these matters. I will now inquire into appointments to offices.
(10)
The varieties depend on three terms, and the combinations of these give all possible modes: first, who appoints? secondly, from whom? and thirdly, how? Each of these three admits of three varieties: (A) All the citizens,
(15)
or (B) only some, appoint. Either (1) the magistrates are chosen out of all or (2) out of some who are distinguished either by a property qualification, or by birth, or merit, or for some special reason, as at Megara only those were eligible who had returned from exile and fought together against the democracy. They may be appointed either (a) by vote or (b) by lot. Again,
(20)
these several varieties may be coupled, I mean that (C) some officers may be elected by some, others by all, and (3) some again out of some, and others out of all, and (c) some by vote and others by lot. Each variety of these terms admits of four modes.

For either (A 1 a) all may appoint from all by vote, or (A 1 b) all from all by lot, or (A 2 a) all from some by vote,
(25)
or (A 2 b) all from some by lot (and if from all, either by sections, as, for example, by tribes, and wards, and phratries, until all the citizens have been gone through; or the citizens may be in all cases eligible indiscriminately); or again (A 1 c, A 2 c) to some offices in the one way, to some in the other. Again, if it is only some that appoint, they may do so either (B 1 a) from all by vote, or (B 1 b) from all by lot, or (B 2 a) from some by vote, or (B 2 b) from some by lot, or to some offices in the one way, to others in the other, i. e. (B 1 c) from all, to some offices by vote, to some by lot,
(30)
and (B 2 c) from some, to some offices by vote, to some by lot. Thus the modes that arise, apart from two (C, 3) out of the three couplings, number twelve. Of these systems two are popular, that all should appoint from all (A 1 a) by vote or (A 1 b) by lot—or (A 1 c) by both.
(35)
That all should not appoint at once, but should appoint from all or from some either by lot or by vote or by both, or appoint to some offices from all and to others from some (‘by both’ meaning to some offices by lot, to others by vote), is characteristic of a polity. And (B 1 c) that some should appoint from all, to some offices by vote, to others by lot, is also characteristic of a polity,
(40)
but more oligarchical than the former method. And (A 3 a, b, c, B 3 a, b, c) to appoint from both, to some offices from all, to others from some,
is characteristic of a polity with a leaning towards aristocracy. That (B 2) some should appoint from some is oligarchical—even (B 2 b) that some should appoint from some by lot (and if this does not actually occur, it is none the less oligarchical in character), or (B 2 c) that some should appoint from some by both.
[1300b]
(B 1 a) that some should appoint from all, and (A 2 a) that all should appoint from some, by vote, is aristocratic.

These are the different modes of constituting magistrates,
(5)
and these correspond to different forms of government:—which are proper to which, or how they ought to be established, will be evident when we determine the nature of their powers.
⁴⁸
By powers I mean such powers as a magistrate exercises over the revenue or in defence of the country; for there are various kinds of power: the power of the general,
(10)
for example, is not the same with that which regulates contracts in the market.