The doctrine of Aristotle on the state and law

Quite often in the course of the history of political science,philosophy, as well as jurisprudence, as an example of ancient thought, consider Aristotle's doctrine of the state and law. Almost every student of a higher educational institution writes an essay on this topic. Of course, if he is a lawyer, a political scientist or a historian of philosophy. In this article, we will try briefly to characterize the teachings of the famous thinker of the ancient era, and also to show how it differs from the theories of its no less famous opponent of Plato.

Establishment of the state

The whole philosophical system of Aristotle was influenced bycontroversy. He argued for a long time with Plato and the latter's teaching about "eidos". In his work "Politics", the well-known philosopher opposes not only the cosmogonic and ontological theories of his opponent, but also his ideas about society. The doctrine of Aristotle about the state is based on the concepts of natural need. From the point of view of the famous philosopher, man is created for public life, he is a "political animal". It is driven not only by physiological, but also by social instincts. Therefore, people create societies, because only there they can communicate with their own kind, and also regulate their lives through laws and regulations. Therefore, the state is a natural stage in the development of the society.

The doctrine of Aristotle about the ideal state

The philosopher considers several typespublic associations of people. The most basic is the family. Then the circle of communication expands to a village or a settlement ("choirs"), that is, it already extends not only to blood ties, but also to people living in a certain territory. But there comes a time when a person and this does not satisfy. He wants more blessings 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 that is necessary for themselves. Such a level of welfare can only be provided by the policy. Aristotle's doctrine of the state puts this stage of development of society to the highest level. This is the most perfect kind of society that can provide not only economic benefits, but also "eudemony" - the happiness of citizens practicing virtue.

Polis from Aristotle

Of course, city-states under this nameexisted even 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 presupposes the presence in the policy of one ruler and a recognized constitution that guarantees the integrity of the territory. Its citizens are free and, if possible, are equal among themselves. They are reasonable, rational and manage their actions. They have the right to vote. They are the basis of society. At the same time for Aristotle, such a state stands above individuals and their families. It is whole, and everything else in relation to it is only parts. It should not be too large to be easy to manage. And the benefit of the community of citizens is good for the state. Therefore, politics becomes a higher science in comparison with the rest.

Criticism of Plato

Issues related to the state and law,described in Aristotle not in one work. Many times he spoke on these topics. But what separates the teachings of Plato and Aristotle about the state? Briefly, these differences can be characterized as follows: different ideas about unity. The state, from the point of view of Aristotle, is, of course, integrity, but it also consists of many members. All of them have different interests. The state, welded together by the unity that Plato describes, is impossible. If this is implemented, then it will become an unprecedented tyranny. The state communism preached by Plato must eliminate the family and other institutions to which man is attached. Thus, he demotivates the citizen, taking away the source of joy, and also deprives the society of moral factors and necessary personal relationships.

About property

But not only for the desire for a totalitarianUnity is criticized by Aristotle Plato. The commune promoted by the latter is based on public property. But in this case the source of all wars and conflicts is not completely eliminated, as Plato believes. On the contrary, it only goes to another level, and its consequences become more destructive. The teachings of Plato and Aristotle about the state differ most precisely in this point. Egoism is the driving force of man, and, satisfying it within certain limits, people benefit the society. So Aristotle thought. The same property is unnatural. It's like nobody's. If there is such an institution, people will not work, but only try to enjoy the fruits of the labors of others. The economy, based on this form of ownership, encourages laziness, it is extremely difficult to manage it.

On the forms of government

Aristotle also analyzed different speciesstate system and the constitution of many peoples. As a criterion for assessing the philosopher takes the number (or group) of people involved in management. Aristotle's doctrine of the state distinguishes three types of reasonable types of government and as many bad ones. The first include monarchy, aristocracy and political science. To bad forms belong tyranny, democracy and oligarchy. Each of these types can grow 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 carrier.

Bad and good types of power: a characteristic

The doctrine of Aristotle about the state is briefly expressed inhis theory of the forms 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 type of government. If the Emperor alone, the monarchy is preferable. But it can degenerate, and the ruler can usurp all the 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 of it are "pushed aside." 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 class. But they can degenerate over time. Democracy is the best of the worst ways of government, having many shortcomings. In particular, this is the absolutization of equality and endless disputes and harmonization, 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 the laws

In his writings the famous Greek philosopher alsoconsiders the issue of jurisprudence and its origin. The doctrine of Aristotle on the state and law gives us to understand what is the basis and necessity of laws. First of all, they are free from human passions, sympathies and prejudices. They are created by the mind, which is in a state of balance. Therefore, if the policy is the rule of law, and not human relations, it will become an ideal state. Without the rule of law, society will lose form and lose stability. They are also needed to make people act virtuously. After all, a person by nature is an egoist and always inclined to do what is beneficial to him. Right, however, corrects his behavior by possessing coercive force. 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 teachingAristotle. Laws must 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 the synonym of 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 regulations, legislated or through agreements). All fair law must respect the customs that have developed among the people. Therefore, the legislator should always create such institutions that would correspond to the traditions. Law and laws do not always coincide. So do the practice and the ideal. There are unfair laws, but they must also be performed until they change. This makes it possible to improve law.

"Ethics" and the doctrine of the state of Aristotle

First of all, these aspects of legal theoryphilosopher based on the notion of justice. It can vary depending on what we take as a basis. If our goal is a common good, then we must take into account the contribution of each and, based on this, distribute responsibilities, power, wealth, honors and so on. If we put equality at the forefront, then we must ensure that everyone benefits, regardless of his personal activities. But the most important thing is to avoid extremes, especially the strong gap between wealth and poverty. It can also be a source of upheavals and upheavals. In addition, some of the political views of the philosopher are set forth in the work "Ethics". There he describes what should be the life of a free citizen. The latter is obliged not only to know what virtue is, but to be moved by it, to live in accordance with it. The ethic duties of the ruler also exist. He can not wait for the conditions necessary to create an ideal state. 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 improving laws according to circumstances.

Slavery and dependence

However, if we take a closer look attheories 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, they are slaves. For Aristotle, these are just talking tools that do not have the mind to the extent that free citizens have it. This state of affairs is natural. People are not equal to each other, there are those who are by nature slaves, but are gentlemen. In addition, the philosopher is surprised if this institution is abolished, who will provide the leisure people with learning for their high thinking? Who will clean the house, monitor the household, set the table? All this will not be done. Therefore, slavery is necessary. From the category of "free citizens" Aristotle also excluded farmers and people working in the field of crafts and trade. From the philosopher's point of view, all these are "low classes", distracting from politics and not giving the opportunity to have leisure.