The first question that we stated shows plainly, that the supreme power should be lodged in laws duly made and that the magistrate or magistrates, either one or more, should be authorised to determine those cases which the laws cannot particularly speak to, as it is impossible for them, in general language, to explain themselves upon everything that may arise: but what these laws are which are established upon the best foundations has not been yet explained, but still remains a matter of some question: but the laws of every state will necessarily be like every state, either trifling or excellent, just or unjust; for it is evident, that the laws must be framed correspondent to the constitution of the government; and, if so, it is plain, that a well-formed government will have good laws, a bad one, bad ones.
CHAPTER XII
Since in every art and science the end aimed at is always good, so particularly in this, which is the most excellent of all, the founding of civil society, the good wherein aimed at is justice; for it is this which is for the benefit of all. Now, it is the common opinion, that justice is a certain equality; and in this point all the philosophers are agreed when they treat of morals: for they say what is just, and to whom; and that equals ought to receive equal: but we should know how we are to determine what things are equal and what unequal; and in this there is some difficulty, which calls for the philosophy of the politician. Some persons will probably say, that the employments of the state ought to be given according to every particular excellence of each citizen, if there is no other difference between them and the rest of the community, but they are in every respect else alike: for justice attributes different things to persons differing from each other in their character, according to their respective merits. But if this is admitted to be true, complexion, or height, or any such advantage will be a claim for a greater share of the public rights. But that this is evidently absurd is clear from other arts and sciences; for with respect to musicians who play on the flute together, the best flute is not given to him who is of the best family, for he will play never the better for that, but the best instrument ought to be given to him who is the best artist.
If what is now said does not make this clear, we will explain it still further: if there should be any one, a very excellent player on the flute, but very deficient in family and beauty, though each of them are more valuable endowments than a skill in music, and excel this art in a higher degree than that player excels others, yet the best flutes ought to be given to him; for the superiority [1283a] in beauty and fortune should have a reference to the business in hand; but these have none. Moreover, according to this reasoning, every possible excellence might come in comparison with every other; for if bodily strength might dispute the point with riches or liberty, even any bodily strength might do it; so that if one person excelled in size more than another did in virtue, and his size was to qualify him to take place of the other's virtue, everything must then admit of a comparison with each other; for if such a size is greater than virtue by so much, it is evident another must be equal to it: but, since this is impossible, it is plain that it would be contrary to common sense to dispute a right to any office in the state from every superiority whatsoever: for if one person is slow and the other swift, neither is the one better qualified nor the other worse on that account, though in the gymnastic races a difference in these particulars would gain the prize; but a pretension to the offices of the state should be founded on a superiority in those qualifications which are useful to it: for which reason those of family, independency, and fortune, with great propriety, contend with each other for them; for these are the fit persons to fill them: for a city can no more consist of all poor men than it can of all slaves But if such persons are requisite, it is evident that those also who are just and valiant are equally so; for without justice and valour no state can be supported, the former being necessary for its existence, the latter for its happiness.
CHAPTER XIII
It seems, then, requisite for the establishment of a state, that all, or at least many of these particulars should be well canvassed and inquired into; and that virtue and education may most justly claim the right of being considered as the necessary means of making the citizens happy, as we have already said. As those who are equal in one particular are not therefore equal in all, and those who are unequal in one particular are not therefore unequal in all, it follows that all those governments which are established upon a principle which supposes they are, are erroneous.
We have already said, that all the members of the community will dispute with each other for the offices of the state; and in some particulars justly, but not so in general; the rich, for instance, because they have the greatest landed property, and the ultimate right to the soil is vested in the community; and also because their fidelity is in general most to be depended on. The freemen and men of family will dispute the point with each other, as nearly on an equality; for these latter have a right to a higher regard as citizens than obscure persons, for honourable descent is everywhere of great esteem: nor is it an improper conclusion, that the descendants of men of worth will be men of worth themselves; for noble birth is the fountain of virtue to men of family: for the same reason also we justly say, that virtue has a right to put in her pretensions. Justice, for instance, is a virtue, and so necessary to society, that all others must yield her the precedence.
Let us now see what the many have to urge on their side against the few; and they may say, that if, when collectively taken, they are compared with them, they are stronger, richer, and better than they are. But should it ever happen that all these should inhabit the [1283b] same city, I mean the good, the rich, the noble, as well as the many, such as usually make up the community, I ask, will there then be any reason to dispute concerning who shall govern, or will there not? for in every community which we have mentioned there is no dispute where the supreme power should be placed; for as these differ from each other, so do those in whom that is placed; for in one state the rich enjoy it, in others the meritorious, and thus each according to their separate manners. Let us however consider what is to be done when all these happen at the same time to inhabit the same city. If the virtuous should be very few in number, how then shall we act? shall we prefer the virtuous on account of their abilities, if they are capable of governing the city? or should they be so many as almost entirely to compose the state?