Part 2. Aristotle’s View of Politics
In Aristotle’s Politics IV.1, Aristotle wrote that the most important task for the politician is, in the role of lawgiver (nomothetês), to frame the appropriate constitution for the city-state.
Commentary: More than two thousand years ago, Aristotle correctly ascertained the importance of a stable political realm, and he correctly defined the necessary structure of such a realm. We are a nation of laws. The Constitution is the ultimate and ideal law to which all other laws are (or should be) pointing. Aristotle wants us to take note that the laws are (or should be) in service to the Constitution and, conversely, the Constitution should be framed (or reframed) by those laws.
Aristotle goes on to say that good governance must involve “enduring laws, customs, and institutions”.
Commentary: Please note the use of the word “enduring.” Bad laws, customs, and institutions must be endured for as long as it takes them to wither away. Good laws, customs, and institutions will remain.
Aristotle’s vision included a system of moral education for the citizenry.
Commentary: Here Aristotle had in mind something very important that the modern world is failing to adequately accomplish. We have not made morality and ethics part of the core values of our countries. In the United States, we have separated the churches from our state, and we have abrogated that responsibly to those churches. Neither do our public schools teach morality and ethics; although once you get into college you can (if you are crazy enough) sign up to take a course in that area. Thankfully, many parents and teachers take up society’s slack; but the efforts of most those figures are taken up by nurturing and encouraging, so the necessary civic instruction is spotty and sometimes lax. If you do not attend church and you do not attend school, you are a totally untrained citizen. Even if you attend church and/or go to college, you may very well not receive the necessary quality of training. These sad facts must change.
In his Politics Aristotle emphasizes the idea of ‘final causes’, which we might profitably read or interpret as ultimate goals. For Aristotle the ultimate goal is the good life or happiness for all citizens.
Commentary: I agree. Please note that the ultimate goal is the good life or happiness for all “citizens”. We will be discussing citizenship in part 3.
Aristotle warns that law makers should never make laws that are contrary to the nature of the citizens. For this reason, Aristotle rejects Plato’s idea that all children should be wards of the state. Aristotle correctly points out that “people give most attention to their own property, less to what is communal, or only as much as falls to them to give attention” (Pol. II.3.1261b33–5).
Commentary: Here we see the very simple wisdom from before the Age of Christ that powerfully illuminates why Communism does not work.
Aristotle goes on the say that the laws should never be changed randomly and without careful consideration in order that citizens do not lose their respect for the law (Pol. II.8.1269a13–24).
Commentary: Respect for the law seems to be declining. Let’s be much more careful in how we legislate people’s lives. You may not like how your neighbor lives, but you shouldn’t try to legislate their lifestyle out of existence. Let’s just take Prohibition as one recent example. Our society should educate everyone on the dangers of alcohol. When people ignore these important lessons and do damage and physical harm to others, they should be swiftly and severely punished. However, attempts to outlaw alcohol were overly paternalistic. These kinds of mistakes should never be made, and, yes, I am suggesting that many current laws have crossed this invisible line of appropriateness. You cannot change behavior by trying to tell people what they cannot do. In this world of unintended consequences, the opposite effect is much more likely.
Follow this link to the Stanford Encyclopedia of Philosophy pages on Aristotle:
https://plato.stanford.edu/entries/aristotle-politics/#SpecCon
Our State Representative reported that in the recent annual legislative session, 197 new laws were passed. Few were repealed. This accumulation is a problem. At the federal level, rules for complying with the tax code alone is said to be over 70,000 pages.
You have put your finger on an important distinction in the legislative process. Their task is to make new laws but not to review, revise, improve, and/or eliminate old laws.
Probably the whole concept of an “annual legislative session” is a big part of the problem. They have artificially created a void, and they feel they must fill it.
It is like the college professors who believe the dictum “Publish or Perish.” They feel like their value as a legislator depends on putting more legislative paper on the books. Consequently, reviewing and revising should be the primary legislative activity, instead of an after thought.
True legislative value should be measured in quality and not quantity.
Legislators are also called law makers. To get rid of costly or obsolete laws we must elect those who are dedicated to going to the capital to be law breakers.
Wally:
You said, “…we must elect those who are dedicated to going to the capital to be law breakers.” As amusing as it is to take your words out of context, let’s be clear. You are agreeing with me, I assume, that when laws are found to be detrimental to the greater good, they should be changed or deleted. I believe you are doubly emphasizing this important (and neglected) aspect of American Democracy by calling for a new breed of legislators. I agree. I think everyone agrees. However, I also assume that you do not envision a new breed of legislature composed of gang members, drug dealers, and rapists. As darkly amusing as that notion might be, I assume you are advocating for “law breakers” who have an abiding respect for the Law (capital L).
I see two waves of such law makers and law breakers (one on the left and one on the right) gearing up to drown America like two tsunamis simultaneously hitting both coasts late next year.