BOOK 4 Chapter 14 The Deliberative Offices. html

Chapter 14

I. Introduction: The Three Parts of a Regime

  1. Three essential parts of all regimes:
    • Aristotle begins by outlining the three key elements of a regime that an excellent lawgiver must consider:
      1. The deliberative part: deals with major decisions like war, peace, and legislation.
      2. The offices: determines what offices there should be, their authority, and how individuals are selected to fill them.
      3. The adjudicative part: responsible for the administration of justice.
  2. Significance of these parts:
    • The regime’s condition depends on how well these three parts are functioning.
    • Differences in regimes arise from variations in how these parts are structured and function.

II. The Deliberative Part

  1. Functions of the deliberative part:
    • The deliberative element governs decisions about:
      • War and peace.
      • Alliances and their dissolution.
      • Laws.
      • Judicial cases involving severe penalties (e.g., death, exile, confiscation).
      • Selection and auditing of officials.
  2. Three ways to structure deliberation:
    • All citizens can decide on all matters.
    • Some citizens can decide on all matters (through particular offices or groups).
    • Some decisions are made by all citizens, while others are handled by specific groups.
  3. Democratic variations of the deliberative process:
    • In democracies, the people prefer equal participation in decisions:
      • In some systems, citizens deliberate in turns (e.g., Telecles of Miletus), with different groups cycling through deliberative responsibilities.
      • Other systems have all citizens involved in specific key issues (e.g., choosing officials, legislation) but delegate other matters to specialized offices.
  4. Oligarchic variations of the deliberative process:
    • In oligarchies, decisions are made by a smaller, selected group:
      • If decisions are made by a group that follows laws and includes many individuals through moderate wealth assessments, the regime can be considered regime-like in its moderation.
      • More extreme forms of oligarchy involve self-selecting rulers, where offices are passed down hereditarily (from father to son), which results in a very oligarchic structure.

III. Aristocratic and Regime-Like Systems

  1. Mixed systems of deliberation:
    • In aristocracies and regime-like systems, some decisions are made by all citizens (e.g., war, peace), while others are handled by officials.
      • These officials may be selected by election or lot.
      • The balance between elected officials (who bring expertise) and citizens selected by lot is characteristic of a more moderate, aristocratic regime.

IV. Managing Deliberation in Democratic Regimes

  1. Deliberation in radical democracies:
    • In the most extreme form of democracy (where the people have authority even over the laws), Aristotle suggests the assembly would deliberate better if structured like courts in oligarchies.
    • In oligarchies, the wealthy are fined for non-attendance, while the poor receive pay for attending.
  2. Improving democratic deliberation:
    • For better deliberation in democracies, Aristotle recommends a similar arrangement:
      • Pay the poor to ensure participation.
      • Encourage the notables to attend by either fining them or excluding some citizens by lot to maintain balance in decision-making.

V. Oligarchic Modifications to Increase Popular Participation

  1. Including the people in oligarchies:
    • In oligarchies, it is useful to allow some citizens from the multitude to participate in government, either by:
      • Electing some officials from the multitude.
      • Creating a preliminary council (e.g., "law guardians") that handles business and presents it to a popular assembly for approval.
  2. Limiting the power of the people in oligarchies:
    • In this structure, the people would vote on measures already approved by the council, preventing them from introducing major changes.
    • The people may be given the authority to veto measures, but not to pass new laws, leaving this power to the officials.

VI. Deliberation in Regimes vs. Oligarchies

  1. Contrast with regimes:
    • In regimes (balanced governments), the few (elite) have the power to veto laws but not to pass them, with new laws referred to the many (general population) for approval.
  2. Final remarks on the deliberative part:
    • Aristotle concludes that the deliberative element functions differently depending on the regime, and each regime organizes deliberation according to its defining principles.

Summary of Key Themes:

  • Three essential elements of governance: A regime's success depends on the effective organization of its deliberative, executive, and judicial components.
  • Democratic deliberation: Democracies prioritize universal participation in decision-making but vary in how this is implemented.
  • Oligarchic deliberation: Oligarchies limit participation to a select group, with more extreme forms allowing self-selection and hereditary offices.
  • Mixed regimes: Aristocracies and moderate regimes blend democratic and oligarchic elements, balancing popular participation with the need for expertise and moderation.
  • Improving deliberation: Aristotle suggests reforms for democracies and oligarchies to ensure better deliberation and participation while maintaining stability.

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