PHIL103: Moral and Political Philosophy

At this place in the discussion there impends the inquiry respecting the king who acts solely according to his own will he has now to be considered. The so-called limited monarchy, or kingship according to law, as I have already remarked, is not a distinct form of government, for under all governments, as, for example, in a democracy or aristocracy, there may be a general holding office for life, and one person is often made supreme over the administration of a state. A magistracy of this kind exists at Epidamnus, and also at Opus, but in the latter city has a more limited power. 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. We are told that a patient should call in a physician; he will not get better if he is doctored out of a book. But the parallel of the arts is clearly not in point; for the physician does nothing contrary to rule from motives of friendship; he only cures a patient and takes a fee; whereas magistrates do many things from spite and partiality. And, indeed, if a man suspected the physician of being in league with his enemies to destroy him for a bribe, he would rather have recourse to the book. But certainly physicians, when they are sick, call in other physicians, and training-masters, when they are in training, other training-masters, as if they could not judge judge truly about their own case and might be influenced by their feelings. Hence it is evident that in seeking for justice men seek for the mean or neutral, for the law is the mean. Again, customary laws have more weight, and relate to more important matters, than written laws, and a man may be a safer ruler than the written law, but not safer than the customary law.

Again, it is by no means easy for one man to superintend many things; he will have to appoint a number of subordinates, and what difference does it make whether these subordinates always existed or were appointed by him because he needed theme If, as I said before, the good man has a right to rule because he is better, still two good men are better than one: this is the old saying, two going together, and the prayer of Agamemnon,

"Would that I had ten such councillors!"

And at this day there are magistrates, for example judges, who have authority to decide some matters which the law is unable to determine, since no one doubts that the law would command and decide in the best manner whatever it could. But some things can, and other things cannot, be comprehended under the law, and this is the origin of the nexted question whether the best law or the best man should rule. For matters of detail about which men deliberate cannot be included in legislation. Nor does any one deny that the decision of such matters must be left to man, but it is argued that there should be many judges, and not one only. For every ruler who has been trained by the law judges well; and it would surely seem strange that a person should see better with two eyes, or hear better with two ears, or act better with two hands or feet, than many with many; indeed, it is already the practice of kings to make to themselves many eyes and ears and hands and feet. For they make colleagues of those who are the friends of themselves and their governments. They must be friends of the monarch and of his government; if not his friends, they will not do what he wants; but friendship implies likeness and equality; and, therefore, if he thinks that his friends ought to rule, he must think that those who are equal to himself and like himself ought to rule equally with himself. These are the principal controversies relating to monarchy.