Politics: A Treatise on Government

In the next place we must inquire how this equality is to be procured. Shall the qualifications be divided so that five hundred rich should be equal to a thousand poor, or shall the thousand have equal power with the five hundred? or shall we not establish our equality in this manner? but divide indeed thus, and afterwards taking an equal number both out of the five hundred and the thousand, invest them with the power of creating the magistrates and judges. Is this state then established according to perfect democratical justice, or rather that which is guided by numbers only? For the defenders of a democracy say, that that is just which the majority approve of: but the favourers of an oligarchy say, that that is just which those who have most approve of; and that we ought to be directed by the value of property. Both the propositions are unjust; for if we agree with what the few propose we erect a tyranny: for if it should happen that an individual should have more than the rest who are rich, according to oligarchical justice, this man alone has a right to the supreme power; but if superiority of numbers is to prevail, injustice will then be done by confiscating the property of the rich, who are few, as we have already said. What then that equality is, which both parties will admit, must be collected from the definition of right which is common to them both; for they both say that what the majority of the state approves of ought to be established. Be it so; but not entirely: but since a city happens to be made up of two different ranks of people, the rich and the poor, let that be established which is approved of by both these, or the greater part: but should there be opposite sentiments, let that be established which shall be approved of by the greater part: but let this be according to the census; for instance, if there should be ten of the rich and twenty of the poor, and six of the first and fifteen of the last should agree upon any measure, and the remaining four of the rich should join with the remaining five of the poor in opposing it, that party whose census when added together should determine which opinion should be law, and should these happen to be equal, it should be regarded as a case similar to an assembly or court of justice dividing equally upon any question that comes before them, who either determine it by lot or some such method. But although, with [1318b] respect to what is equal and just, it may be very difficult to establish the truth, yet it is much easier to do than to persuade those who have it in their power to encroach upon others to be guided thereby; for the weak always desire what is equal and just, but the powerful pay no regard thereunto.