SECTION IV

POLITICAL FRAGMENTS

22.a. The laws of the wicked and atheists are opposed by the unwritten laws of the Gods, who inflict evils and terrible punishments on the disobedient. It is these divine laws which have developed and directed the laws and written maxims given to men.

b. The relation of law to the soul and human life is identical to that of harmony to the sense of hearing, and the voice; for the law instructs the soul, and therethrough, the life; as harmony regulates the voice through education of the ear. In my opinion, every society is composed of the commander, the commanded, and the laws. Among the latter, one is living; namely the king; the other is inanimate, the written letter. The law is therefore the essential; through it only is the king legitimate, the magistrate, regularly instituted, the commanded free, and the whole community happy. When it is violated, the king is no more than a tyrant; the magistrate illegitimate, the commanded becomes a slave, and the whole community becomes unhappy. Human acts are like a mingled tissue, formed of command, duty, obedience, and force sufficient to overcome resistance. Essentially, the command belongs to the better; being commanded to the inferior, and force belongs to both; for the reasonable part of the soul commands and the irrational part is commanded; both have the force to conquer the passions. Virtue is born from the harmonious cooperation of both; and leads the soul to rest and indifference by turning it away from pleasures and sorrows.

c. Law must conform to nature, and exercise an efficient power over things, and be useful to the political community; for if it lacks one, two, or all of these characteristics, it is no longer a law, or at least it is no longer a perfect law. It conforms to nature if it is the image of natural right; which fits itself, and distributes to each according to his deserts; it prevails, if it harmonizes with the men who are to be subject thereto; for there are may people who are not apt to receive what by nature is the first of goods; and who are fitted to practice only the good which is in relation with them, and possible for them; for that is how the sick and the suffering have to be nursed. Law is useful to the political society if it is not monarchical, if it does not constitute privileged classes, if it is made in the interest of all, and is equally imposed on all. Law must also regard the country and the lands, for not all soils can yield the same returns, neither all human souls the same virtues. That is why some establish the aristocratic constitution, while others prefer the democratic or oligarchic. The aristocratic constitution is founded on the subcontrary proportion, and is the justest, for this proportion attributes the greatest results to the greatest terms, and the smallest to the smallest. The democratic constitution is founded on the geometrical proportion, in which the results of the great and small are equal. The oligarchic and tyrannic constitutions are founded on the arithmetical proportion, which, being the opposite of the subcontrary, attributes to the smallest terms the greatest results, and vice versa.

Such are the kinds of proportions, and you can observe their image in families and political constitutions; for either the honors, punishments and virtues are equally attributed to the great and small, or they are so attributed unequally, according to superiority, in virtue, wealth or power. Equal distribution is the characteristic of democracy; and the unequal, that of aristocracy and oligarchy.

d. The best law and constitution must be a composite of all other constitutions, and contain something democratic, oligarchic, monarchic and aristocratic, as in Lacedemon; for in it the kings formed the monarchic element, the elders the aristocracy, the magistrates the oligarchy, the cavalry generals and youths the democracy. Law must therefore not only be beautiful and good, but its different parts must mutually compensate. This will give it power and durability and by this mutual opposition I mean that the same magistracy command and be commanded, as in the wise laws of Lacedemon; for the power of its kings is balanced by the magistrates, this by the elders, and between these two powers are the cavalry generals and the youths, who, as soon as they see any one party acquire the preponderance, throw themselves on the other side.

The law's first duty is to decide about the gods, the geniuses, the parents; in short, on all that is estimable and worthy; later, about utility. It is proper that the secondary regulations should follow the best, and that the laws be inscribed, not on the houses and doors, but in the depths of the souls of the citizens. Even in Lacedemon, which has excellent laws, the State is not administered by manifold written, ordinances. Law is useful to the political community, if it is not monarchical, and does not serve private interests, if it is useful to all, if it extends its obligation to all, and aims its punishments to shame the guilty, and to brand him with infamy, rather than to deprive him of his wealth. If, indeed, you are seeking to punish the guilty by ignominy, the citizens will try to lead a wiser and more honest life, so as to avoid the law's punishment; if it is only by money fines, they will rate above everything wealth, understanding that it is their best means to repair their faults. The best would be that the State should be organized in a manner such that it would need nothing from strangers, neither for virtue, power, or anything else. Just as the right constitution of a body, a house, or an army is to contain, and not to depend on outside sources for the principle of its safety; for in that way the body is more vigorous, the house better ordered, and the army will be neither mercenary nor badly drilled. Beings that are thus organized are superior to others; they are free, enfranchised from servitude, unless, for their conservation, they need many things, but have only few needs, easily satisfied. In that way the vigorous man becomes able to bear heavy burdens, and the athlete, to resist cold; for men are exercised by events and misfortunes. The temperate man, who has tested his body and soul, finds any food, drink, even a bed of leaves, delectable. He who has preferred to live like a sybarite among delights, would finally scorn and reject the magnificence of the great (Persian) king. Law must therefore deeply penetrate into the souls and habits of the citizens; it will make them satisfied with their fate, and distribute his deserts to each. Thus the sum, in traversing the zodiac, distributes to everything on the earth, growth, food, life, in the proper measure, and institutes this wise legislation which regulates the succession of the seasons. That is why we call Jupiter nomios, law-giver, from Nemeios, and we call nomeus he who distributes their food to the sheep; that is why we call nomoi the verses sung by the citharedians, for these verses impart order to the soul because they are sung according to the laws of harmony, rhythm and measure.

23. The true chief must not only possess the science and power of commanding well, but he must also love men; for it is absurd that a shepherd should hate his flock, and feel hostile disposition towards those he is educating. Besides he must be legitimate; only thus can he sustain a chief's dignity. His science will permit him to discern well, his power to punish, his kindness to be beneficent, and the law to do everything according to reason. The best chief would be he who would closest approach the law, for he would never act in his own interest, and always in that or others, since the law does not exist for itself, but for its subjects.

24. See 21a.

25.When the art of reflexion was discovered, diminished dissensions, and increased concord; those who possess it feel the pride of predominance yielding to the sentiment of equality.

It is by reflexion that we succeed in adjusting our affairs in a friendly fashion; through it the poor receive riches, and the rich give to the poor, each possessing the confidence that he possesses, the equality of rights.

26. Reflexion is like a rule which hinders and turns aside the people who know how to reflect from committing injustices, for it convinces them that they cannot remain hidden if they carry out their purposes and the punishment which has overtaken those who have not known how to abstain makes them reflect and not become back-sliders.