7 Other constitutions have been proposed; some by private persons, others by philosophers and statesmen, which all come nearer to established or existing ones than either of Plato’s. No one else has introduced such novelties as the community of women and children, (35) or public tables for women: other legislators begin with what is necessary. In the opinion of some, the regulation of property is the chief point of all, that being the question upon which all revolutions turn. This danger was recognized by Phaleas of Chalcedon, who was the first to affirm that the citizens of a state ought to have equal possessions. (40) [1266b] He thought that in a new colony the equalization might be accomplished without difficulty, not so easily when a state was already established; and that then the shortest way of compassing the desired end would be for the rich to give and not to receive marriage portions, and for the poor not to give but to receive them.
Plato in the Laws58 was of opinion that, (5) to a certain extent, accumulation should be allowed, forbidding, as I have already observed,59 any citizen to possess more than five times the minimum qualification. But those who make such laws should remember what they are apt to forget60—that the legislator who fixes the amount of property should also fix the number of children; for, (10) if the children are too many for the property, the law must be broken. And, besides the violation of the law, it is a bad thing that many from being rich should become poor; for men of ruined fortunes are sure to stir up revolutions. That the equalization of property exercises an influence on political society was clearly understood even by some of the old legislators. (15) Laws were made by Solon and others prohibiting an individual from possessing as much land as he pleased; and there are other laws in states which forbid the sale of property: among the Locrians, for example, there is a law that a man is not to sell his property unless he can prove unmistakably that some misfortune has befallen him. (20) Again, there have been laws which enjoin the preservation of the original lots. Such a law existed in the island of Leucas, and the abrogation of it made the constitution too democratic, for the rulers no longer had the prescribed qualification. Again, where there is equality of property, the amount may be either too large or too small, (25) and the possessor may be living either in luxury or penury. Clearly, then, the legislator ought not only to aim at the equalization of properties, but at moderation in their amount. Further, if he prescribe this moderate amount equally to all, he will be no nearer the mark; for it is not the possessions but the desires of mankind which require to be equalized,61 and this is impossible, unless a sufficient education is provided by the laws. (30) But Phaleas will probably reply that this is precisely what he means; and that, in his opinion, there ought to be in states, not only equal property, but equal education. Still he should tell precisely what he means; and that, in his opinion, there ought to be in having one and the same for all, if it is of a sort that predisposes men to avarice, (35) or ambition, or both. Moreover, civil troubles arise, not only out of the inequality of property, but out of the inequality of honour, (40) though in opposite ways. [1267a] For the common people quarrel about the inequality of property, the higher class about the equality of honour; as the poet says—
‘The bad and good alike in honour share.’62
There are crimes of which the motive is want; and for these Phaleas expects to find a cure in the equalization of property, which will take away from a man the temptation to be a highwayman, because he is hungry or cold. But want is not the sole incentive to crime; (5) men also wish to enjoy themselves and not to be in a state of desire—they wish to cure some desire, going beyond the necessities of life, which preys upon them; nay, this is not the only reason—they may desire superfluities in order to enjoy pleasures unaccompanied with pain, and therefore they commit crimes.
Now what is the cure of these three disorders? Of the first, moderate possessions and occupation; of the second, habits of temperance; as to the third, if any desire pleasures which depend on themselves, (10) they will find the satisfaction of their desires nowhere but in philosophy; for all other pleasures we are dependent on others. The fact is that the greatest crimes are caused by excess and not by necessity. Men do not become tyrants in order that they may not suffer cold; and hence great is the honour bestowed, (15) not on him who kills a thief, but on him who kills a tyrant. Thus we see that the institutions of Phaleas avail only against petty crimes.
There is another objection to them. They are chiefly designed to promote the internal welfare of the state. But the legislator should consider also its relation to neighbouring nations, and to all who are outside of it.63 (20) The government must be organized with a view to military strength; and of this he has said not a word. And so with respect to property: there should not only be enough to supply the internal wants of the state, but also to meet dangers coming from without. The property of the state should not be so large that more powerful neighbours may be tempted by it, (25) while the owners are unable to repel the invaders; nor yet so small that the state is unable to maintain a war even against states of equal power, and of the same character. Phaleas has not laid down any rule; but we should bear in mind that abundance of wealth is an advantage. The best limit will probably be, that a more powerful neighbour must have no inducement to go to war with you by reason of the excess of your wealth, (30) but only such as he would have had if you had possessed less. There is a story that Eubulus, when Autophradates was going to besiege Atarneus, told him to consider how long the operation would take, and then reckon up the cost which would be incurred in the time. ‘For’, said he, ‘I am willing for a smaller sum than that to leave Atarneus at once.’ (35) These words of Eubulus made an impression on Autophradates, and he desisted from the siege.
The equalization of property is one of the things that tend to prevent the citizens from quarrelling. Not that the gain in this direction is very great. For the nobles will be dissatisfied because they think themselves worthy of more than an equal share of honours; and this is often found to be a cause of sedition and revolution.64 (40) And the avarice of mankind is insatiable; at one time two obols was pay enough; but now, when this sum has become customary, men always want more and more without end; for it is of the nature of desire not to be satisfied, and most men live only for the gratification of it. [1267b] The beginning of reform is not so much to equalize property as to train the nobler sort of natures not to desire more, (5) and to prevent the lower from getting more; that is to say, they must be kept down, but not ill-treated. Besides, the equalization proposed by Phaleas is imperfect; for he only equalizes land, (10) whereas a man may be rich also in slaves, and cattle, and money, and in the abundance of what are called his movables. Now either all these things must be equalized, or some limit must be imposed on them, or they must all be let alone. It would appear that Phaleas is legislating for a small city only, if, as he supposes, (15) all the artisans are to be public slaves and not to form a supplementary part of the body of citizens. But if there is a law that artisans are to be public slaves, it should only apply to those engaged on public works, as at Epidamnus, or at Athens on the plan which Diophantus once introduced.
From these observations any one may judge how far Phaleas was wrong or right in his ideas. (20)
8 Hippodamus, the son of Euryphon, a native of Miletus, the same who invented the art of planning cities, and who also laid out the Piraeus—a strange man, whose fondness for distinction led him into a general eccentricity of life, which made some think him affected (for he would wear flowing hair and expensive ornaments; but these were worn on a cheap but warm garment both in winter and summer); he, (25) besides aspiring to be an adept in the knowledge of nature, was the first person not a statesman who made inquiries about the best form of government.
The city of Hippodamus was composed of 10,000 citizens divided into three parts—one of artisans, (30) one of husbandmen, and a third of armed defenders of the state. He also divided the land into three parts, one sacred, one public, the third private:—the first was set apart to mainta
in the customary worship of the gods, the second was to support the warriors, the third was the property of the husbandmen. (35) He also divided laws into three classes, and no more, for he maintained that there are three subjects of lawsuits—insult, injury, and homicide. He likewise instituted a single final court of appeal, to which all causes seeming to have been improperly decided might be referred; this court he formed of elders chosen for the purpose. (40) He was further of opinion that the decisions of the courts ought not to be given by the use of a voting pebble, but that every one should have a tablet on which he might not only write a simple condemnation, or leave the tablet blank for a simple acquittal; but, if he partly acquitted and partly condemned, he was to distinguish accordingly. [1268a] To the existing law he objected that it obliged the judges to be guilty of perjury, (5) whichever way they voted. He also enacted that those who discovered anything for the good of the state should be honoured; and he provided that the children of citizens who died in battle should be maintained at the public expense, as if such an enactment had never been heard of before, (10) yet it actually exists at Athens and in other places. As to the magistrates, he would have them all elected by the people, that is, by the three classes already mentioned, and those who were elected were to watch over the interests of the public, of strangers, and of orphans. These are the most striking points in the constitution of Hippodamus. (15) There is not much else.
The first of these proposals to which objection may be taken is the threefold division of the citizens. The artisans, and the husbandmen, and the warriors, all have a share in the government. But the husbandmen have no arms, and the artisans neither arms nor land, and therefore they become all but slaves of the warrior class. (20) That they should share in all the offices is an impossibility; for generals and guardians of the citizens, and nearly all the principal magistrates, must be taken from the class of those who carry arms. Yet, if the two other classes have no share in the government, how can they be loyal citizens? It may be said that those who have arms must necessarily be masters of both the other classes, (25) but this is not so easily accomplished unless they are numerous; and if they are, why should the other classes share in the government at all, or have power to appoint magistrates? Further, (30) what use are farmers to the city? Artisans there must be, for these are wanted in every city, and they can live by their craft, as elsewhere; and the husbandmen, too, if they really provided the warriors with food, might fairly have a share in the government. But in the republic of Hippodamus they are supposed to have land of their own, (35) which they cultivate for their private benefit. Again, as to this common land out of which the soldiers are maintained, if they are themselves to be the cultivators of it, the warrior class will be identical with the husbandmen, although the legislator intended to make a distinction between them. If, again, there are to be other cultivators distinct both from the husbandmen, who have land of their own, and from the warriors, they will make a fourth class, (40) which has no place in the state and no share in anything. Or, if the same persons are to cultivate their own lands, and those of the public as well, they will have a difficulty in supplying the quantity of produce which will maintain two households: and why, in this case, should there be any division, for they might find food themselves and give to the warriors from the same land and the same lots? There is surely a great confusion in all this. [1268b]
Neither is the law to be commended which says that the judges, (5) when a simple issue is laid before them, should distinguish in their judgement; for the judge is thus converted into an arbitrator. Now, in an arbitration, although the arbitrators are many, they confer with one another about the decision, and therefore they can distinguish; but in courts of law this is impossible, and, indeed, (10) most legislators take pains to prevent the judges from holding any communication with one another. Again, will there not be confusion if the judge thinks that damages should be given, but not so much as the suitor demands? He asks, say, for twenty minae, and the judge allows him ten minae (or in general the suitor asks for more and the judge allows less), while another judge allows five, another four minae. (15) In this way they will go on splitting up the damages, and some will grant the whole and others nothing: how is the final reckoning to be taken? Again, no one contends that he who votes for a simple acquittal or condemnation perjures himself, if the indictment has been laid in an unqualified form; and this is just, for the judge who acquits does not decide that the defendant owes nothing, (20) but that he does not owe the twenty minae. He only is guilty of perjury who thinks that the defendant ought not to pay twenty minae, and yet condemns him.
To honour those who discover anything which is useful to the state is a proposal which has a specious sound, but cannot safely be enacted by law, for it may encourage informers, and perhaps even lead to political commotions. This question involves another. (25) It has been doubted whether it is or is not expedient to make any changes in the laws of a country, even if another law be better. Now, if all changes are inexpedient, we can hardly assent to the proposal of Hippodamus; for, under pretence of doing a public service, (30) a man may introduce measures which are really destructive to the laws or to the constitution. But, since we have touched upon this subject, perhaps we had better go a little into detail, for, as I was saying, there is a difference of opinion, and it may sometimes seem desirable to make changes. Such changes in the other arts and sciences have certainly been beneficial; medicine, (35) for example, and gymnastic, and every other art and craft have departed from traditional usage. And, if politics be an art, change must be necessary in this as in any other art. That improvement has occurred is shown by the fact that old customs are exceedingly simple and barbarous. For the ancient Hellenes went about armed and bought their brides of each other. (40) The remains of ancient laws which have come down to us are quite absurd; for example, at Cumae there is a law about murder, to the effect that if the accuser produce a certain number of witnesses from among his own kinsmen, the accused shall be held guilty. [1269a] Again, men in general desire the good, and not merely what their fathers had. But the primaeval inhabitants, (5) whether they were born of the earth or were the survivors of some destruction, may be supposed to have been no better than ordinary or even foolish people among ourselves (such is certainly the tradition65 concerning the earth-born men); and it would be ridiculous to rest contented with their notions. Even when laws have been written down, they ought not always to remain unaltered. As in other sciences, (10) so in politics, it is impossible that all things should be precisely set down in writing; for enactments must be universal, but actions are concerned with particulars.66 Hence we infer that sometimes and in certain cases laws may be changed; but when we look at the matter from another point of view, great caution would seem to be required. (15) For the habit of lightly changing the laws is an evil, and, when the advantage is small, some errors both of lawgivers and rulers had better be left; the citizen will not gain so much by making the change as he will lose by the habit of disobedience. The analogy of the arts67 is false; a change in a law is a very different thing from a change in an art. (20) For the law has no power to command obedience except that of habit, which can only be given by time, so that a readiness to change from old to new laws enfeebles the power of the law. Even if we admit that the laws are to be changed, are they all to be changed, (25) and in every state? And are they to be changed by anybody who likes, or only by certain persons? These are very important questions; and therefore we had better reserve the discussion of them to a more suitable occasion.68
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