Now, absolute monarchy, or the arbitrary rule of a sovereign over an the citizens, in a city which consists of equals, is thought by some to be quite contrary to nature; it is argued that those who are by nature equals must have the same natural right and worth, and that for unequals to have an equal share, or for equals to have an uneven share, in the offices of state, is as bad as for different bodily constitutions to have the same food and clothing. Wherefore it is thought to be just that among equals every one be ruled as well as rule, and therefore that an should have their turn. We thus arrive at law; for an order of succession implies law. And the rule of the law, it is argued, is preferable to that of any individual. On the same principle, even if it be better for certain individuals to govern, they should be made only guardians and ministers of the law. For magistrates there must be -- this is admitted; but then men say that to give authority to any one man when all are equal is unjust. Nay, there may indeed be cases which the law seems unable to determine, but in such cases can a man? Nay, it will be replied, the law trains officers for this express purpose, and appoints them to determine matters which are left undecided by it, to the best of their judgment. Further, it permits them to make any amendment of the existing laws which experience suggests. Therefore he who bids the law rule may be deemed to bid God and Reason alone rule, but he who bids man rule adds an element of the beast; for desire is a wild beast, and passion perverts the minds of rulers, even when they are the best of men. The law is reason unaffected by desire.
περὶ δὲ τῆς παμβασιλείας καλουμένης (αὕτη δ᾽ ἐστὶ καθ᾽ ἣν ἄρχει πάντων κατὰ [10] τὴν ἑαυτοῦ βούλησιν ὁ βασιλεύς) δοκεῖ δέ τισιν οὐδὲ κατὰ φύσιν εἶναι τὸ κύριον ἕνα πάντων εἶναι τῶν πολιτῶν, ὅπου συνέστηκεν ἐξ ὁμοίων ἡ πόλις: τοῖς γὰρ ὁμοίοις φύσει τὸ αὐτὸ δίκαιον ἀναγκαῖον καὶ τὴν αὐτὴν ἀξίαν κατὰ φύσιν εἶναι, ὥστ᾽ εἴπερ καὶ τὸ ἴσην ἔχειν τοὺς ἀνίσους τροφὴν ἢ [15] ἐσθῆτα βλαβερὸν τοῖς σώμασιν, οὕτως ἔχειν καὶ τὰ περὶ τὰς τιμάς: ὁμοίως τοίνυν καὶ τὸ ἄνισον τοὺς ἴσους: διόπερ οὐδένα μᾶλλον ἄρχειν ἢ ἄρχεσθαι δίκαιον, καὶ τὸ ἀνὰ μέρος τοίνυν ὡσαύτως. τοῦτο δ᾽ ἤδη νόμος: ἡ γὰρ τάξις νόμος. τὸν ἄρα νόμον ἄρχειν αἱρετώτερον μᾶλλον ἢ τῶν πολιτῶν ἕνα [20] τινά, κατὰ τὸν αὐτὸν δὲ λόγον τοῦτον, κἂν εἴ τινας ἄρχειν βέλτιον, τούτους καταστατέον νομοφύλακας καὶ ὑπηρέτας τοῖς νόμοις: ἀναγκαῖον γὰρ εἶναί τινας ἀρχάς, ἀλλ᾽ οὐχ ἕνα τοῦτον εἶναί φασι δίκαιον, ὁμοίων γε ὄντων πάντων. ἀλλὰ μὴν ὅσα γε μὴ δοκεῖ δύνασθαι διορίζειν ὁ νόμος, οὐδ᾽ ἄνθρωπος [25] ἂν δύναιτο γνωρίζειν. ἀλλ᾽ ἐπίτηδες παιδεύσας ὁ νόμος ἐφίστησι τὰ λοιπὰ τῇ δικαιοτάτῃ γνώμῃ κρίνειν καὶ διοικεῖν τοὺς ἄρχοντας. ἔτι δ᾽ ἐπανορθοῦσθαι δίδωσιν ὅ τι ἂν δόξῃ πειρωμένοις ἄμεινον εἶναι τῶν κειμένων. ὁ μὲν οὖν τὸν νόμον κελεύων ἄρχειν δοκεῖ κελεύειν ἄρχειν τὸν θεὸν καὶ τὸν νοῦν [30] μόνους, ὁ δ᾽ ἄνθρωπον κελεύων προστίθησι καὶ θηρίον: ἥ τε γὰρ ἐπιθυμία τοιοῦτον, καὶ ὁ θυμὸς ἄρχοντας διαστρέφει καὶ τοὺς ἀρίστους ἄνδρας. διόπερ ἄνευ ὀρέξεως νοῦς ὁ νόμος ἐστίν.
Some people think that it is entirely contrary to nature for one person to be sovereign over all the citizens where the state consists of men who are alike; for necessarily persons alike in nature must in accordance with nature have the same principle of justice and the same value, so that inasmuch as for persons who are unequal to have an equal amount of food or clothing is harmful for their bodies, the same is the case also in regard to honors; similarly therefore it is wrong for those who are equal to have inequality, owing to which it is just for no one person to govern or be governed more than another, and therefore for everybody to govern and be governed alike in turn. And this constitutes law for regulation is law. Therefore it is preferable for the law to rule rather than any one of the citizens, [20] and according to this same principle, even if it be better for certain men to govern, they must be appointed as guardians of the laws and in subordination to them; for there must be some government, but it is clearly not just, men say, for one person to be governor when all the citizens are alike. It may be objected that any case which the law appears to be unable to define, a human being also would be unable to decide. But the law first specially educates the magistrates for the purpose and then commissions them to decide and administer the matters that it leaves over ‘according to the best of their judgement,’4 and furthermore it allows them to introduce for themselves any amendment that experience leads them to think better than the established code. He therefore that recommends that the law shall govern seems to recommend that God and reason alone shall govern, but he that would have man govern adds a wild animal also; for appetite is like a wild animal, and also passion warps the rule even of the best men. Therefore the law is wisdom without desire. And there seems to be no truth in the analogy which argues from the arts5 that it is a bad thing to doctor oneself by book, but preferable to employ the experts in the arts. For they never act contrary to principle from motives of friendship, but earn their fee when (for instance) they have cured their patients, whereas holders of political office usually do many things out of spite and to win favor; since when people suspect even the physicians of being in the confidence of their enemies and of trying to make away with them for gain, in that case they would sooner look up the treatment in the books.
For the Greek, see:
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