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24. Political Theory / B. Nature of a State / 3. Constitutions

[formal statement of a society's structure and rights]

21 ideas
The aim of legislators, and of a good constitution, is to create good citizens [Aristotle]
     Full Idea: Legislators make the citizens good by forming habits in them, and this is the wish of every legislator, and those who do not effect it miss their mark, and it is in this that a good constitution differs from a bad one.
     From: Aristotle (Nicomachean Ethics [c.334 BCE], 1103b03), quoted by Michael J. Sandel - Justice: What's the right thing to do? 08
     A reaction: I always admired the UK Race Relations Act, which made certain sorts of racism illegal, quite a long time before many of the population grasped the point. The legislation educated the citizens.
A city is a community of free people, and the constitution should aim at the common advantage [Aristotle]
     Full Idea: Those constitutions that aim at the common advantage are correct, whereas those that aim only at the advantage of the rulers are erroneous ones. For they are like the rule of a master, whereas a city is a community of free people.
     From: Aristotle (Politics [c.332 BCE], 1279a17)
     A reaction: He is very keen on the full equality of all citizens (even if his concept of a citizen is narrow). This must be connected to his eudaimonist account of ethics. Everyone must flourish. I'm struck by his liberal values.
The six constitutions are monarchy/tyranny, aristocracy/oligarchy, and polity/democracy [Aristotle]
     Full Idea: The names for right constitutions (with their deviations) are monarchy (tyranny), aristocracy (oligarchy), and polity (democracy).
     From: Aristotle (Politics [c.332 BCE], 1279b04)
     A reaction: I found it hard to pin down the meaning of 'polity', even though he makes it sound like the best constitution. Something like 'teamwork'.
Constitutions specify distribution of offices, the authorities, and the community's aim [Aristotle]
     Full Idea: A constitution is the way that cities order their offices, how they are distributed, what element is in control in the constitution, and what the end of each community is.
     From: Aristotle (Politics [c.332 BCE], 1289a15)
     A reaction: Liberal constitutions tend to avoid stating what the end of the city is, because that is for the free citizens to decide. Nothing is said, it seems, about the territory or the population.
The greed of the rich is more destructive than the greed of the people [Aristotle]
     Full Idea: What the rich do to get more does more to destroy the constitution than what the people do.
     From: Aristotle (Politics [c.332 BCE], 1297a10)
     A reaction: Presumably this is because the wealthy have more power. In our society they have more control over the media and public opinions. The law should maintain the constitution, and the poor have no influence on the law.
Any constitution can be made to last for a day or two [Aristotle]
     Full Idea: Any constitution can be made to last for a day or two.
     From: Aristotle (Politics [c.332 BCE], 1319b35)
     A reaction: An important issue for Aristotle, which we no longer seem to worry about. A constitution should aim, when it is created, to be acceptable enough to be durable.
We must decide the most desirable human life before designing a constitution [Aristotle]
     Full Idea: If we wish to investigate the best constitution appropriately, we must first decide what is the most desirable life.
     From: Aristotle (Politics [c.332 BCE], 1323a14)
     A reaction: He takes this for granted, and it sounds right, but it is firmly contradicted by modern liberals (e.g. Rawls), who say the good life is for individuals to decide.
The best constitution enables everyone to live the best life [Aristotle]
     Full Idea: It is evident that the best constitution is necessarily that order in accord with which anyone might be able to do best and live blessedly.
     From: Aristotle (Politics [c.332 BCE], 1324a23)
     A reaction: So what would Aristotle make of the modern welfare state, or the idea of a safety net for those who struggle? Should the state help the best life, and not just facilitate it? Education, infrastructure, health, communal activity….
The four constitutions are democracy (freedom), oligarchy (wealth), aristocracy (custom), tyranny (security) [Aristotle]
     Full Idea: There are four types of constitution: democracy (whose purpose is freedom), oligarchy (for wealth), aristocracy (for education and customs), and monarch or tyranny (for security).
     From: Aristotle (The Art of Rhetoric [c.350 BCE], 1365b28-37)
     A reaction: An aristocracy seems to be the guardians of tradition and culture (as in an English public school education). The tyranny of Hitler and Stalin did not exactly lead to security. Democracy and aristocracy are the front-runners. Compare Idea 2821.
Stoics favour a mixture of democracy, monarchy and aristocracy [Stoic school, by Diog. Laertius]
     Full Idea: Stoics say the best political constitution is a mixed one, combined of democracy, and kingly power, and aristocracy.
     From: report of Stoic school (fragments/reports [c.200 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.Ze.66
The principle foundations of all states are good laws and good armies [Machiavelli]
     Full Idea: The principle foundations of all states are good laws and good armies.
     From: Niccolo Machiavelli (The Prince [1513], Ch.11)
     A reaction: We may be wondering, since 1945, whether a good army is any longer essential, but it would be a foolish modern state which didn't at least form a strong alliance with a state which had a strong army. Fertile land is a huge benefit to a state.
It would be absurd if even a free constitution did not impose restraints, for the public good [Hume]
     Full Idea: A republican and free form of government would be an obvious absurdity, if the particular checks and controls, provided by the constitution, had really no influence, and made it not the interest, even of bad men, to act for the public good.
     From: David Hume (That Politics may be reduced to a Science [1750], p.14)
     A reaction: Presumably if you attain absolute power you can write any old constitution you like (Clause 1: the presidency is for life). But there does seem much point in doing it - unless it is to facilitate the use of the law for persecutions.
A people, not government, creates a constitution, which is essential for legitimacy [Paine]
     Full Idea: A constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right.
     From: Thomas Paine (Rights of Man [1792], Ch.7), quoted by A.C. Grayling - The Good State 5
     A reaction: A constitution looks like the ultimate focus of a social contract (though Greeks had them long ago). It is hard to say why a government should consider itself to be sovereign if it hasn't got it in writing.
Each nation should, from self-interest, join an international security constitution [Kant]
     Full Idea: Each nation, for the sake of its own security, can and ought to demand of the others that they should enter along with it into a constitution, similar to the civil one, within which the rights of each could be secured.
     From: Immanuel Kant (Perpetual Peace [1795], 2.2nd)
     A reaction: Not sure how close the United Nations takes us to this. You have to admire Kant for this one.
A constitution must always be improved when necessary [Kant]
     Full Idea: Changes for the better are necessary, in order that the constitution may constantly approach the optimum end prescribed by laws of right.
     From: Immanuel Kant (Perpetual Peace [1795], App 1)
     A reaction: This should be a clause in every constitution. It is crazy to feel trapped by a misjudgement or outdated view of your ancestors.
There is only a constitution if rights are assured, and separation of powers defined [Mirabeau/committee]
     Full Idea: Any society in which the guarantee of Rights is not assured, nor the separation of Power determined, has no Constitution.
     From: Mirabeau and committee (Declaration of the Rights of Man [1789], 16)
     A reaction: I wonder if they had Britain in mind with this one? The British latched onto Magna Carta in the early 19th century, because it offered some semblance of a constitution.
A constitution embodies a nation's rights and condition [Hegel]
     Full Idea: The constitution of a nation must embody the nation's feeling for its rights and present condition.
     From: Georg W.F.Hegel (Elements of the Philosophy of Right [1821], 274 add)
     A reaction: Most constitutions also specify the institutions needed to maintain its principles and values. If it specifies its 'present' condition, that is a licence to change it from time to time. Hegel endorses such flexibility.
In American judges rule according to the Constitution, not the law [Tocqueville]
     Full Idea: The Americans have acknowledged the right of judges to found their decisions on the Constitution, rather than on the laws.
     From: Alexis de Tocqueville (Democracy in America (abr Renshaw) [1840], 1.05)
     A reaction: Obviously the Constitution is one short document, so the details must be enshrined in the laws (which presumably defer to the Constitution).
The state coldly claims that it is the people, but that is a lie [Nietzsche]
     Full Idea: The state is the coldest of all cold monsters. Coldly it lies, too; and this lie creeps from its mouth: 'I, the state, am the people'. It is a lie!
     From: Friedrich Nietzsche (Thus Spake Zarathustra [1884], 1.12)
     A reaction: This strikes me as just as true even after everyone gets the vote. Rulers can't help gradually forgetting about the people.
A just constitution harmonises the different freedoms [Sandel]
     Full Idea: As Kant sees it, a just constitution aims at harmonising each individual's freedom with that of everyone else.
     From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 05)
     A reaction: [source?] Nice statement of the project. I increasingly see political philosophy as constitution design. I say philosophers have got fifty years to design an optimum constitution, and they should then down tools and promote it, in simple language.
A ratified constitution may not be a just constitution [Sandel]
     Full Idea: The fact that a constitution is ratified by the people does not prove that its provisions are just.
     From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)
     A reaction: Yes indeed. And the fact that a majority won a referendum does not make their decision wise. Hence all constitutions must be open to evaluation. Gun laws in the US are the obvious example.