Now laws may be called the performances or tangible results of Political Science; how then can a man acquire from these the faculty of Legislation, or choose the best? we do not see men made physicians by compilations: and yet in these treatises men endeavour to give not only the cases but also how they may be cured, and the proper treatment in each case, dividing the various bodily habits. Well, these are thought to be useful to professional men, but to the unprofessional useless. In like manner it may be that collections of laws and Constitutions would be exceedingly useful to such as are able to speculate on them, and judge what is well, and what ill, and what kind of things fit in with what others: but they who without this qualification should go through such matters cannot have right judgment, unless they have it by instinct, though they may become more intelligent in such matters.
Since then those who have preceded us have left uninvestigated the subject of Legislation, it will be better perhaps for us to investigate it ourselves, and, in fact, the whole subject of Polity, that thus what we may call Human Philosophy may be completed as far as in us lies.
First then, let us endeavour to get whatever fragments of good there may be in the statements of our predecessors, next, from the Polities we have collected, ascertain what kind of things preserve or destroy Communities, and what, particular Constitutions; and the cause why some are well and others ill managed, for after such enquiry, we shall be the better able to take a concentrated view as to what kind of Constitution is best, what kind of regulations are best for each, and what laws and customs.
NOTES
BOOK I
[1] For this term, as here employed, our language contains no equivalent expression except an inconvenient paraphrase.
There are three senses which it bears in this treatise: the first (in which it is here employed) is its strict etymological signfication “The science of Society,” and this includes everything which can bear at all upon the well-being of Man in his social capacity, “Quicquid agunt homines nostri est farrago libelli.” It is in this view that it is fairly denominated most commanding and inclusive.
The second sense (in which it occurs next, just below) is “Moral Philosophy.” Aristotle explains the term in this sense in the Rhetoric (1 2) [Greek: hae peri ta aethae pragmateia aen dikaion esti prosagoreuen politikaen]. He has principally in view in this treatise the moral training of the Individual, the branch of the Science of Society which we call Ethics Proper, bearing the same relation to the larger Science as the hewing and squaring of the stones to the building of the Temple, or the drill of the Recruit to the manoeuvres of the field. Greek Philosophy viewed men principally as constituent parts of a [Greek: polis], considering this function to be the real End of each, and this state as that in which the Individual attained his highest and most complete development.
The third sense is “The detail of Civil Government,” which Aristotle expressly states (vi. 8) was the most common acceptation of the term.
[2] Matters of which a man is to judge either belong to some definite art or science, or they do not. In the former case he is the best judge who has thorough acquaintance with that art or science, in the latter, the man whose powers have been developed and matured by education. A lame horse one would show to a farmer, not to the best and wisest man of one’s acquaintance; to the latter, one would apply in a difficult case of conduct.
Experience answers to the first, a state of self-control to the latter.
[3] In the last chapter of the third book of this treatise it is said of the fool, that his desire of pleasure is not only insatiable, but indiscriminate in its objects, πανταχόθεν.
[4] Ἀρχὴ is a word used in this treatise in various significations. The primary one is “beginning or first cause,” and this runs through all its various uses.
“Rule,” and sometimes “Rulers,” are denoted by this term the initiative being a property of Rule.
“Principle” is a very usual signification of it, and in fact the most characteristic of the Ethics. The word Principle means “starting-point.” Every action has two beginnings, that of Resolve οὗ ἕνεκα, and that of Action (ὅθεν ἡ κινήσις). I desire praise of men this then is the beginning of Resolve. Having considered how it is to be attained, I resolve upon some course and this Resolve is the beginning of Action.
The beginnings of Resolve, Ἀρχὶ or Motives, when formally stated, are the major premisses of what Aristotle calls the συλλογίσμοι τῶν πρακτῶν, i.e. the reasoning into which actions may be analysed.
Thus we say that the desire of human praise was the motive of the Pharisees, or the principle on which they acted.
Their practical syllogism then would stand thus:
Whatever gains human praise is to be done;
Public praying and almsgiving gave human praise:
[ergo] Public praying and almsgiving are to be done.