Aristotle: A Treatise on Government

BOOK III 16. CHAPTER XVI (continued)

The instance taken from the arts seems fallacious: wherein it is said to be wrong for a sick person to apply for a remedy to books, but that it would be far more eligible to employ those who are skilful in physic; for these do nothing contrary to reason from motives of friendship but earn their money by curing the sick, whereas those who have the management of public affairs do many things through hatred or favour. And, as a proof of what we have advanced, it may be observed, that whenever a sick person suspects that his physician has been persuaded by his enemies to be guilty of any foul practice to him in his profession, he then rather chooses to apply to books for his cure: and not only this [1287b] but even physicians themselves when they are ill call in other physicians: and those who teach others the gymnastic exercises, exercise with those of the same profession, as being incapable from self-partiality to form a proper judgment of what concerns themselves. From whence it is evident, that those who seek for what is just, seek for a mean; now law is a mean. Moreover; the moral law is far superior and conversant with far superior objects than the written law; for the supreme magistrate is safer to be trusted to than the one, though he is inferior to the other. But as it is impossible that one person should have an eye to everything himself, it will be necessary that the supreme magistrate should employ several subordinate ones under him; why then should not this be done at first, instead of appointing one person in this manner? Besides, if, according to what has been already said, the man of worth is on that account fit to govern, two men of worth are certainly better than one: as, for instance, in Homer, "Let two together go:" and also Agamemnon's wish; "Were ten such faithful counsel mine!" Not but that there are even now some particular magistrates invested with supreme power to decide, as judges, those things which the law cannot, as being one of those cases which comes not properly under its jurisdiction; for of those which can there is no doubt: since then laws comprehend some things, but not all, it is necessary to enquire and consider which of the two is preferable, that the best man or the best law should govern; for to reduce every subject which can come under the deliberation of man into a law is impossible.