政治学(世界大师原典文库(中文导读插图版))
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Part Ⅵ

The same, or nearly the same, objections apply to Plato's later work,the Laws,and therefore we had better examine briefly the constitution which is therein described.In the Republic,Socrates has definitely settled in all a few questions only; such as the community of women and children, the community of property, and the constitution of the state. The population is divided into two classes—one of husbandmen, and the other of warriors; from this latter is taken a third class of counselors and rulers of the state. But Socrates has not determined whether the husbandmen and artisans are to have a share in the government, and whether they, too, are to carry arms and share in military service, or not. He certainly thinks that the women ought to share in the education of the guardians, and to fight by their side. The remainder of the work is filled up with digressions foreign to the main subject, and with discussions about the education of the guardians.In the Laws there is hardly anything but laws;not much is said about the constitution. This, which he had intended to make more of the ordinary type, he gradually brings round to the other or ideal form. For with the exception of the community of women and property, he supposes everything to be the same in both states; there is to be the same education; the citizens of both are to live free from servile occupations, and there are to be common meals in both. The only difference is that in the Laws,the common meals are extended to women,and the warriors number 5,000,but in the Republic only 1,000.

The discourses of Socrates are never commonplace; they always exhibit grace and originality and thought; but perfection in everything can hardly be expected. We must not overlook the fact that the number of 5,000 citizens, just now mentioned, will require a territory as large as Babylon, or some other huge site, if so many persons are to be supported in idleness, together with their women and attendants, who will be a multitude many times as great. In framing an ideal we may assume what we wish, but should avoid impossibilities.

It is said that the legislator ought to have his eye directed to two points—the people and the country. But neighboring countries also must not be forgotten by him, firstly because the state for which he legislates is to have a political and not an isolated life. For a state must have such a military force as will be serviceable against her neighbors, and not merely useful at home. Even if the life of action is not admitted to be the best, either for individuals or states, still a city should be formidable to enemies, whether invading or retreating.

There is another point: Should not the amount of property be defined in some way which differs from this by being clearer? For Socrates says that a man should have so much property as will enable him to live temperately, which is only a way of saying “to live well”;this is too general a conception. Further, a man may live temperately and yet miserably. A better definition would be that a man must have so much property as will enable him to live not only temperately but liberally; if the two are parted, liberally will combine with luxury; temperance will be associated with toil. For liberality and temperance are the only eligible qualities which have to do with the use of property. A man cannot use property with mildness or courage, but temperately and liberally he may; and therefore the practice of these virtues is inseparable from property. There is an inconsistency, too, in equalizing the property and not regulating the number of the citizens; the population is to remain unlimited, and he thinks that it will be sufficiently equalized by a certain number of marriages being unfruitful, however many are born to others, because he finds this to be the case in existing states. But greater care will be required than now; for among ourselves, whatever may be the number of citizens, the property is always distributed among them, and therefore no one is in want; but, if the property were incapable of division as in the Laws,the supernumeraries,whether few or many,would get nothing. One would have thought that it was even more necessary to limit population than property; and that the limit should be fixed by calculating the chances of mortality in the children, and of sterility in married persons. The neglect of this subject, which in existing states is so common, is a never-failing cause of poverty among the citizens; and poverty is the parent of revolution and crime. Pheidon the Corinthian, who was one of the most ardent legislators, thought that the families and the number of citizens ought to remain the same, although originally all the lots may have been of different sizes: but in the Laws the opposite principle is maintained.What in our opinion is the right arrangement will have to be explained hereafter.

There is another omission in the Laws: Socrates does not tell us how the rulers differ from their subjects; he only says that they should be related as the warp and the woof, which are made out of different wools. He allows that a man's whole property may be increased five-fold, but why should not his land also increase to a certain extent? Again, will the good management of a household be promoted by his arrangement of homesteads? For he assigns to each individual two homesteads in separate places, and it is difficult to live in two houses.

The whole system of government tends to be neither democracy nor oligarchy, but something in a mean between them, which is usually called a polity, and is composed of the heavy-armed soldiers. Now, if he intended to frame a constitution which would suit the greatest number of states, he was very likely right, but not if he meant to say that this constitutional form came nearest to his first or ideal state; for many would prefer the Lacedaemonian, or, possibly, some other more aristocratic government. Some, indeed, say that the best constitution is a combination of all existing forms, and they praise the Lacedaemonian because it is made up of oligarchy, monarchy, and democracy, the king forming the monarchy, and the council of elders the oligarchy while the democratic element is represented by the Ephors; for the Ephors are selected from the people. Others, however, declare the Ephoralty to be a tyranny, and find the element of democracy in the common meals and in the habits of daily life. In the Laws it is maintained that the best constitution is made up of democracy and tyranny, which are either not constitutions at all, or are the worst of all. But they are nearer the truth who combine many forms; for the constitution is better which is made up of more numerous elements.The constitution proposed in the Laws has no element of monarchy at all; it is nothing but oligarchy and democracy, leaning rather to oligarchy. This is seen in the mode of appointing magistrates; for although the appointment of them by lot from among those who have been already selected combines both elements, the way in which the rich are compelled by law to attend the assembly and vote for magistrates or discharge other political duties, while the rest may do as they like, and the endeavor to have the greater number of the magistrates appointed out of the richer classes and the highest officers selected from those who have the greatest incomes, both these are oligarchical features. The oligarchical principle prevails also in the choice of the council, for all are compelled to choose, but the compulsion extends only to the choice out of the first class, and of an equal number out of the second class and out of the third class, but not in this latter case to all the voters but to those of the first three classes; and the selection of candidates out of the fourth class is only compulsory on the first and second. Then, from the persons so chosen, he says that there ought to be an equal number of each class selected. Thus a preponderance will be given to the better sort of people, who have the larger incomes, because many of the lower classes, not being compelled will not vote. These considerations, and others which will be adduced when the time comes for examining similar polities, tend to show that states like Plato's should not be composed of democracy and monarchy. There is also a danger in electing the magistrates out of a body who are themselves elected; for, if but a small number choose to combine, the elections will always go as they desire. Such is the constitution which is described in the Laws.