Plato and Aristotle on Constitutionalism ^

Transcription

1 Plato and Aristotle on Constitutionalism ^ An exposition and reference source RAYMOND POLIN Professor Emeritus of Government and Politics St John's University, New York Ashgate Aldershot Brookfield USA Singapore Sydney

2 Contents Preface Special Acknowledgments xi xv I The Idea of Constitutionalism 1 Overview 1 Confusion of Staticism with Stability 1 Nomenclature 2 Need for Nomenclature 2 f Constitutionalism 3 Corrective Constitutionalism 3 Preventive Constitutionalism 3 Curative Constitutionalism 4 Institutional Arrangements 5 Inherent Limitations 6 Mixed, Balanced Government 6 Assessments 7 II Athenian Constitutional Background 13 Overview 13 The Passing of Athenian and Greek Supremacy 14 The Peloponnesian War 14 Class War 15 Assessments 16 III Biographical Note on Plato. 26 Early Years 26 Birth and Lineage 26 Connections with the White Terror 27 Influence of Socrates and the Sophists 28 Middle Years 30 Plato in Sicily and Italy 30 Plato and the Academy 31

3 vi Plato and Aristotle on Constitutionalism Final Years 32 Life's Work 32 Life's End 33 Problem of Interpretation 33 IV Plato's Ideal Political Theory: The Republic 43 Overview 43 Exposition 44 Imperfect Government by Fallible Men Requires Justice 44 Elitism, Asceticism, and Education 46 Indoctrination and Education for Justice and Security Based on Specialization and Hierarchy 49 Balancing and Unifying of Classes 50 Environmentalism, Eugenics, and Religion 52 Cardinal Virtues of the Ideal State 53 Justice Based on Hierarchical Specialization 53 Women, Breeding, and Social Mobility 55 Doubt of Practicability 55 Scepticism, Philosophy, and Praxis 56 Cycle of Forms of Government 57 Aristocracy Yields to Timocracy 57 Timocracy Yields to Oligarchy 59 Oligarchy Yields to Democracy 60 Description of Democracy 61 Democracy Breeds Tyranny 63 Tyranny Worst and Kingship Best 65 Divine Rule, 66 Assessments i 68 V Plato's More Realistic Political Theory: The Statesman 78 Overview 78 Exposition 80 Scientific and Imitative Forms of Government 80 Inherent Human Capabilities 82 Good Laws and Wise Rulers 84 A Heaven-born Race and System 88 Assessments 90

4 Contents vii VI Plato's More Sophisticated Political Theory: The Laws. 94 Overview 94 Exposition 96 Peace and Happiness Preferable to War 96 The Golden Cord between God and Humanity and among Humanity: Reason and Law Intertwined 99 A Multiple Governmental Contract 100 Ignorance a Cause of Ruin 101 Natural Right to Rule 101 Division of Powers with Checks and Balances 102 / Constitutional Monarchy Advocated 103 Rugged, Masculine Education to Produce Strong Character 103 Rule of Law by Elected Magistrates Conducive to Patriotism and Unity Danger of Too Much Freedom for the Multitude Location and Composition of Colonies God and the Tyrant Legislate Together Hierarchical Polity and the Rule of Law God's Will is Justice Example and Admonition to Train the Young Purification or Purging of the State Three Best Forms of the State Limitation of Riches and Occupation Location and Division of the City Need to Select Qualified Officeholders The Council of Thirty-Seven The Council of 360 Organization and Administration of the City Education and the Courts Legislation, Marriage, and Mathematics Directed to Virtue Regulation of Individuals for Public Good Education and the Role of Inherent Limitations ', On Sexual Morality, Crafts and Trade, and Residence On Crime and Punishment A Hierarchical Cosmos of Callings Ethical Economic and Legal Principles Public Theft and Checking on Public Officials The Cosmic Connection Hierarchy of Courts, Cases, and Burials

5 viii Plato and Aristotle on Constitutionalism The Nocturnal Council: Guardians, Virtuous, and Wise 140 Seriousness of Purpose of the Laws 142 Assessments 143 VII Biographical Note on Aristotle 157 Early Years 157 Youth in Macedonia 157 Early Years in Athens and Marriage 158 Aristotle and Alexander 160 Tutorship 160 Questionable Extent of Aristotle's Influence on Alexander 161 Years of Maturity 163 Aristotle and the Lyceum 163 Final Years 164 VlllConcepts Aristotle Explicated: The Athenian Constitution 167 Overview 167 Exposition 168 Council of Areopagus as Protector of Laws 168 Solon: Political and Economic Reforms to Abate Class Warfare 169 Peisistratus: Stability through Agricultural Reform and Kindly Rule 172 Cleisthenes, Pericles, and Theramenes: Law, the Personal Equation, and Democracy 173 Council and Assembly: Checks and Balances or Division of Functions? 176 Arbitration and Appeal to Jury-courts 178 Prior, Continuing, and Post Examination of Top Officials 179 Assessments 180 IX Concepts Aristotle Advocated: The Politics 183 Overview 183 Exposition 184 Organological, Hierarchical State Based on Human Nature and Reason: the Role of Law and Justice 184 Favours Diversity over Oneness 186 Favours Diversity, Equality, Freedom, and Rotation in Office 186 Favours Family Life and Private Property 187

6 Contents ix Opposes Plato's Emphasis on Unity 189 Favours Wider Participation and More Liberality 189 Favours Mixed, Balanced Government of Polity, but not Plato's Version 190 Favours Private Property, Moderation, Philosophy, Training, and Justice 191 Favours Sufficient, not Excessive, Military Strength and Wealth 192 Favours Necessary Changes in Law and Custom 192 On Serfdom and Women as Sources of Trouble 193 Favours Property Reform, Mixed Constitution, Safeguards, and the Qualified 194 Criticism of Spartan Militarism and Public Finance 195 Criticism of Carthaginian Oligarchy 196 Good Citizen and Good Man May Vary 196 Definition and Types of Constitution 197 Oligarchical and Democratic Confusion of Justice Lead to Rule of Law 198 The Case for Popular Sovereignty 200 Dealing with the Superior Few 201 Personal Rule of a King or Rule of Law and God? 202 Where the Laws do not Govern, There is no Constitution 204 Constitutional Forms: Kingship, Oligarchy, Democracy, Aristocracy, and Polity 205 Polity: a Realistic Theory of Human Nature and Politics 207 Specialization in Processes of Government 210 General Causes of Sedition, Revolution, and Constitutional Change 213 Specific Causes of Sedition, Revolution, and Constitutional Change 214 Demagoguery Changes Democracy to Oligarchy or Tyranny 215 Demagoguery and Sedition by the Excluded May Change Oligarchy to Tyranny, Polity, or Democracy 215 Causes of Change in Aristocracy 216 Ten Methods of Preserving Governments 217 Qualifications of Chief Officers and More General Principles to Ensure Stability 219 Causes of Destruction of Monarchy, Whether Kingship or Tyranny 221

7 x Plato and Aristotle on Constitutionalism Methods of Preservation of Monarchy, Whether Kingship or Tyranny 223 Nature and Preservation of Democracy 225 Preservation of Oligarchy 229 Categories of Public Officials 230 Size and Location of the City-state 232 Necessary Elements and Services of a State 234 Land-division to Provide Classes, Common-messes, and Military Security 236 Man's Rational and Ethical Nature Make him Educable and the Good State Possible 238 Eugenical Marriage and Procreation 241 Some Principles of Education of the Young 242 Educational Subjects: Reading, Writing, Drawing, Gymnastics, and Music 246 Assessments 248 X Comparisons and Conclusions 269 Overview 269 Points of Constitutional Agreement 274 Points of Constitutional Disagreement 277 Platonic and Aristotelian Contributions to Constitutionalism 280 Epilogue 293 Bibliography 300 Index 318