Project Gutenberg #6762
Politics: A Treatise on Government
Aristotle
350 BCEAristotle's treatise on constitutions and civic life, prepared introduction plus book-and-chapter sections from Project Gutenberg plaintext.
Project Gutenberg #6762 Public domain in the United States Cover source Local typographic cover created for MojiMori from public-domain source metadata
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AI Summary
Chapter 60 — Book IV, Chapter XVI Central question How should judicial power be arranged? Main argument The final chapter of Book IV applies the same structural analysis to the courts. Aristotle divides judicial...
Of the three parts of which a government is formed, we now come to
consider the judicial; and this also we shall divide in the same manner
as we did the magisterial, into three parts. Of whom the judges shall
consist, and for what causes, and how. When I say of whom, I mean
whether they shall be the whole people, or some particulars; by for what
causes I mean, how many different courts shall be appointed; by how,
whether they shall be elected by vote or lot. Let us first determine how
many different courts there ought to be. Now these are eight. The
first of these is the court of inspection over the behaviour of the
magistrates when they have quitted their office; the second is to punish
those who have injured the public; the third is to take cognisance of
those causes in which the state is a party; the fourth is to decide
between magistrates and private persons, who appeal from a fine laid
upon them; the fifth is to determine disputes which may arise concerning
contracts of great value; the sixth is to judge between foreigners, and
of murders, of which there are different species; and these may all be
tried by the same judges or by different ones; for there are murders
of malice prepense and of chance-medley; there is also justifiable
homicide, where the fact is admitted, and the legality of it disputed.
There is also another court called at Athens the Court of Phreattae,
which determines points relating to a murder committed by one who has
run away, to decide whether he shall return; though such an affair
happens but seldom, and in very large cities; the seventh, to determine
causes wherein strangers are concerned, and this whether they are
between stranger and stranger or between a stranger and a citizen. The
eighth and last is for small actions, from one to five drachma's, or a
little more; for these ought also to be legally determined, but not to
be brought before the whole body of the judges. But without entering
into any particulars concerning actions for murder, and those wherein
strangers are the parties, let us particularly treat of those courts
which have the jurisdiction of those matters which more particularly
relate to the affairs of the community and which if not well conducted
occasion seditions and commotions in the state. Now, of necessity,
either all persons must have a right to judge of all these different
causes, appointed for that purpose, either by vote or lot, or all of
all, some of them by vote, and others by lot, or in some causes by vote,
in others by lot. Thus there will be four sorts of judges. There [1301a]
will be just the same number also if they are chosen out of part of the
people only; for either all the judges must be chosen out of that part
either by vote or lot, or some by lot and some by vote, or the judges in
particular causes must be chosen some by vote, others by lot; by which
means there will be the same number of them also as was mentioned.
Besides, different judges may be joined together; I mean those who are
chosen out of the whole people or part of them or both; so that all
three may sit together in the same court, and this either by vote,
lot, or both. And thus much for the different sorts of judges. Of these
appointments that which admits all the community to be judges in all
causes is most suitable to a democracy; the second, which appoints that
certain persons shall judge all causes, to an oligarchy; the third,
which appoints the whole community to be judges in some causes, but
particular persons in others, to an aristocracy or free state.
BOOK V