Aristotle, Second Part of the POLITICS Complete

Translated by W. Ellis. Cf. An Introduction to Aristotle's Politics, by A. Lindsay

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II: 78 pages - You are on Page 35

[1322a] This office is very disagreeable on account of the odium attending it, so that no one will engage therein without it is made very profitable, or, if they do, will they be willing to execute it according to law; but it is most necessary, as it is of no service to pass judgment in any cause without that judgment is carried into execution: for without this human society could not subsist: for which reason it is best that this office should not be executed by one person, but by some of the magistrates of the other courts. In like manner, the taking care that those fines which are ordered by the judges are levied should be divided amongst different persons. And as different magistrates judge different causes, let the causes of the young be heard by the young: and as to those which are already brought to a hearing, let one person pass sentence, and another see it executed: as, for instance, let the magistrates who have the care of the public buildings execute the sentence which the inspectors of the markets have passed, and the like in other cases: for by so much the less odium attends those who carry the laws into execution, by so much the easier will they be properly put in force: therefore for the same persons to pass the sentence and to execute it will subject them to general hatred; and if they pass it upon all, they will be considered as the enemies of all. Thus one person has often the custody of the prisoner's body, while another sees the sentence against him executed, as the eleven did at Athens: for which reason it is prudent to separate these offices, and to give great attention thereunto as equally necessary with anything we have already mentioned; for it will certainly happen that men of character will decline accepting this office, and worthless persons cannot properly be entrusted with it, as having themselves rather an occasion for a guard than being qualified to guard others. This, therefore, ought by no means to be a separate office from others; nor should it be continually allotted to any individuals, but the young men; where there is a city-guard, the youths ought in turns to take these offices upon them. These, then, as the most necessary magistrates, ought to be first mentioned: next to these are others no less necessary, but of much higher rank, for they ought to be men of great skill and fidelity. These are they who have the guard of the city, and provide everything that is necessary for war; whose business it is, both in war and peace, to defend the walls and the gates, and to take care to muster and marshal the citizens.

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