第72章 XIV(1)

Having thus gained an appropriate basis of discussion, we will proceed to speak of the points which follow next in order. 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. There is (1) one element which deliberates about public affairs; secondly (2) that concerned with the magistrates- the question 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.

The deliberative element has authority in matters of war and peace, in making and unmaking alliances; it passes laws, inflicts death, exile, confiscation, elects magistrates and audits their accounts. These powers must be assigned either all to all the citizens or an 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. 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, 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. In another variety of democracy the citizen 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, 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, 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, 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, to the close family oligarchy and to tyranny, is at present administered. All these modes are democratical.