Quite often, in the course of the history of political science, philosophy, and legal sciences, Aristotle’s doctrine of the state and law is considered as an example of ancient thought. Almost every student of a higher educational institution writes an essay on this topic. Of course, if he is a lawyer, political scientist or historian of philosophy. In this article we will try to briefly characterize the teachings of the most famous thinker of the ancient era, and also show how it differs from the theories of his no less famous opponent Plato.
State foundation
The whole philosophical system of Aristotle was influenced by controversy. He argued for a long time with Plato and the teachings of the latter about "eidos". In his work Politics, the famous philosopher opposes not only the cosmogonic and ontological theories of his adversary, but also his ideas about society. Aristotle's doctrine of the state is based on the concepts of natural need. From the point of view of the famous philosopher, man was created for public life, he is a “political animal”. They are driven not only by physiological, but also social instincts. Therefore, people create societies, because only there they can communicate with their own kind, and also regulate their lives with the help of laws and rules. Therefore, the state is a natural stage in the development of society.
Aristotle's doctrine of the ideal state
The philosopher considers several types of public associations of people. The most basic is the family. Then the circle of contacts expands to a village or settlement (“choirs”), that is, it extends not only to blood relations, but also to people living in a certain territory. But there comes a time when a person is not satisfied. He wants more benefits and security. In addition, the division of labor is necessary, because it is more profitable for people to produce and exchange (sell) than to do everything they need themselves. This level of wealth can only be provided by a policy. Aristotle's doctrine of the state puts this stage of development of society at the highest level. This is the most perfect form of society, which can provide not only economic benefits, but also “eudaimonia” - the happiness of citizens who practice virtues.
Aristotle's policy
Of course, city-states under this name existed before the great philosopher. But they were small associations torn apart by internal contradictions and entering into endless wars with each other. Therefore, Aristotle’s doctrine of the state implies the presence in the polis of one ruler and a constitution recognized by all, guaranteeing the integrity of the territory. Its citizens are free and as equal as possible. They are rational, rational and control their actions. They have the right to vote. They are the basis of society. Moreover, for Aristotle, such a state is superior to individuals and their families. It is the whole, and everything else with respect to it is only parts. It should not be too large to be conveniently controlled. And the benefit of a community of citizens is good for the state. Therefore, politics is becoming a higher science compared to the rest.
Criticism of Plato
Issues related to the state and law are described in Aristotle in more than one work. Many times he has spoken out on these topics. But what separates the teachings of Plato and Aristotle about the state? Briefly, these differences can be described as follows: different ideas about unity. The state, from the point of view of Aristotle, of course, is integrity, but at the same time it consists of many members. They all have different interests. A state fused by the unity that Plato describes is impossible. If this is realized, then it will become unprecedented tyranny. State communism preached by Plato must eliminate the family and other institutions to which a person is attached. Thus, he demotivates the citizen, taking away the source of joy, and also deprives society of moral factors and necessary personal relationships.
About property
But not only for the pursuit of totalitarian unity criticizes Aristotle Plato. The commune promoted by the latter is based on public ownership. But after all, at the same time, the source of all kinds of wars and conflicts is not completely eliminated, as Plato believes. On the contrary, it only moves to a different level, and its consequences become more destructive. The teachings of Plato and Aristotle about the state differ most precisely in this paragraph. Egoism is the driving force of man, and, satisfying it within certain limits, people benefit society. So Aristotle considered. Common property is unnatural. It’s just like a draw. With this kind of institution, people will not work, but only try to use the fruits of the labors of others. An economy based on this form of ownership encourages laziness, and it is extremely difficult to manage.
About forms of government
Aristotle also analyzed different types of government and the constitution of many peoples. As a criterion for evaluating the philosopher takes the number (or group) of people involved in management. Aristotle's doctrine of the state distinguishes between three types of reasonable types of government and the same number of bad ones. The former include monarchy, aristocracy and polity. Bad species include tyranny, democracy and the oligarchy. Each of these types can develop into its opposite, depending on political circumstances. In addition, many factors affect the quality of power, and the most important is the identity of its bearer.
Bad and good forms of power: characteristic
Aristotle's doctrine of the state is briefly expressed in his theory of government. The philosopher carefully examines them, trying to understand how they arise and what means should be used to avoid the negative consequences of bad authority. Tyranny is the most imperfect form of government. If the sovereign alone, monarchy is preferable. But it can degenerate, and the ruler can usurp all power. In addition, this type of government is very dependent on the personal qualities of the monarch. Under the oligarchy, power is concentrated in the hands of a certain group of people, and the rest are “moved away” from it. This often leads to discontent and coups. The best form of this type of government is the aristocracy, since noble people are represented in this estate. But they can degenerate over time. Democracy is the best of the worst ways to rule, with many shortcomings. In particular, this is the absolutization of equality and endless debate and reconciliation, which reduces the effectiveness of power. Politia is the ideal type of government modeled by Aristotle. In it, power belongs to the "middle class" and is based on private property.
About laws
In his writings, the famous Greek philosopher also considers the issue of jurisprudence and its origin. Aristotle’s doctrine of the state and law gives us to understand what the basis and necessity of laws is. First of all, they are free from human passions, sympathies and prejudices. They are created by the mind, which is in a state of equilibrium. Therefore, if the rule of law, and not human relations, is in the policy, it will become an ideal state. Without the rule of law, society will lose shape and stability. They are also needed in order to force people to do good. After all, a person by nature is an egoist and is always inclined to do what is beneficial to him. The law, on the other hand, corrects its behavior, having coercive power. The philosopher was a supporter of the prohibitive theory of laws, saying that everything that is not stated in the constitution is not legitimate.
About justice
This is one of the most important concepts in the teachings of Aristotle. Laws should be the embodiment of justice in practice. They are regulators of relations between citizens of the policy, and also form a vertical of power and subordination. After all, the common good of the inhabitants of the state is a synonym for justice. In order for it to be achieved, it is necessary to combine natural law (universally recognized, often unwritten, known and understandable to everyone) and normative (human institutions established by law or through treaties). Any just right must respect the customs of the people. Therefore, the legislator should always create such regulations that are in line with tradition. Law and laws do not always coincide. Practice and ideal also vary. There are unfair laws, but they are also required to comply until they change. This makes it possible to improve the law.
"Ethics" and the doctrine of the state of Aristotle
First of all, these aspects of the legal theory of the philosopher are based on the concept of justice. It may vary depending on what we take as a basis. If our goal is the common good, then we should take into account the contribution of everyone and, starting from this, distribute responsibilities, power, wealth, honors and so on. If we focus on equality, then we must provide benefits to everyone, regardless of their personal activities. But the most important thing is to avoid extremes, especially the strong gap between wealth and poverty. After all, this too can be a source of upheaval and upheaval. In addition, some of the philosophical views of the philosopher are set forth in the work Ethics. There he describes what life should be like for a free citizen. The latter is obliged not only to know what virtue is, but to be driven by it, to live in accordance with it. The ruler also has his ethical responsibilities. He cannot wait for the conditions necessary to create an ideal state to come. He must act in practice and create the constitutions necessary for this period, based on how best to manage people in a particular situation, and improve laws according to circumstances.
Slavery and Addiction
However, if we take a closer look at the theories of the philosopher, we will see that Aristotle's doctrine of society and the state excludes many people from the sphere of the common good. First of all, these are slaves. For Aristotle, these are just talking tools of labor, lacking intelligence to the extent that free citizens have it. This state of affairs is natural. People are not equal, there are those who are slaves by nature, and there are gentlemen. In addition, the philosopher is surprised if this institution is canceled, who will provide leisure time for scholars to scholars? Who will clean the house, monitor the household, set the table? All this itself will not be done. Therefore, slavery is necessary. Aristotle also excluded farmers and people working in the field of crafts and trade from the category of “free citizens”. From the point of view of the philosopher, all these are “low occupations”, distracting from politics and not giving opportunities to have leisure.