第66章 IX

Next we have to consider how by the side of oligarchy and democracy the so-called polity or constitutional government springs up, and how it should be organized. The nature of it will be at once understood from a comparison of oligarchy and democracy; we must ascertain their different characteristics, and taking a portion from each, put the two together, like the parts of an indenture. Now there are three modes in which fusions of government may be affected. In the first mode we must combine the laws made by both governments, say concerning the administration of justice. In oligarchies they impose a fine on the rich if they do not serve as judges, and to the poor they give no pay; but in democracies they give pay to the poor and do not fine the rich. Now (1) the union of these two modes is a common or middle term between them, and is therefore characteristic of a constitutional government, for it is a combination of both. This is one mode of uniting the two elements. Or (2) a mean may be taken between the enactments of the two: thus democracies require no property qualification, or only a small one, from members of the assembly, oligarchies a high one; here neither of these is the common term, but a mean between them. (3) There is a third mode, in which something is borrowed from the oligarchical and something from the democratical principle. For example, the appointment of magistrates by lot is thought to be democratical, and the election of them oligarchical; democratical again when there is no property qualification, oligarchical when there is. In the aristocratical or constitutional state, one element will be taken from each- from oligarchy the principle of electing to offices, from democracy the disregard of qualification. Such are the various modes of combination.

There is a true union of oligarchy and democracy when the same state may be termed either a democracy or an oligarchy; those who use both names evidently feel that the fusion is complete. Such a fusion there is also in the mean; for both extremes appear in it. The Lacedaemonian constitution, for example, is often described as a democracy, because it has many democratical features. In the first place the youth receive a democratical education. For the sons of the poor are brought up with with the sons of the rich, who are educated in such a manner as to make it possible for the sons of the poor to be educated by them. A similar equality prevails in the following period of life, and when the citizens are grown up to manhood the same rule is observed; there is no distinction between the rich and poor. In like manner they all have the same food at their public tables, and the rich wear only such clothing as any poor man can afford. Again, the people elect to one of the two greatest offices of state, and in the other they share; for they elect the Senators and share in the Ephoralty. By others the Spartan constitution is said to be an oligarchy, because it has many oligarchical elements. That all offices are filled by election and none by lot, is one of these oligarchical characteristics; that the power of inflicting death or banishment rests with a few persons is another; and there are others. In a well attempted polity there should appear to be both elements and yet neither; also the government should rely on itself, and not on foreign aid, and on itself not through the good will of a majority- they might be equally well-disposed when there is a vicious form of government- but through the general willingness of all classes in the state to maintain the constitution.

Enough of the manner in which a constitutional government, and in which the so-called aristocracies ought to be framed.