Aristotle: A Treatise on Government

BOOK II 8. CHAPTER VIII (continued)

Nor do I approve of his method of determining causes, when he would have the judge split the case which comes simply before him; and thus, instead of being a judge, become an arbitrator. Now when any matter is brought to arbitration, it is customary for many persons to confer together upon the business that is before them; but when a cause is brought before judges it is not so; and many legislators take care that the judges shall not have it in their power to communicate their sentiments to each other. Besides, what can prevent confusion on the bench when one judge thinks a fine should be different from what another has set it at; one proposing twenty minae, another ten, or be it more or less, another four, and another five; and it is evident, that in this manner they will differ from each other, while some will give the whole damages sued for, and others nothing; in this situation, how shall their determinations be settled? Besides, a judge cannot be obliged to perjure himself who simply acquits or condemns, if the action is fairly and justly brought; for he who acquits the party does not say that he ought not to pay any fine at all, but that he ought not to pay a fine of twenty minae. But he that condemns him is guilty of perjury if he sentences him to pay twenty minae while he believes the damages ought not to be so much.

Now with respect to these honours which he proposes to bestow on those who can give any information useful to the community, this, though very pleasing in speculation, is what the legislator should not settle, for it would encourage informers, and probably occasion commotions in the state. And this proposal of his gives rise also to further conjectures and inquiries; for some persons have doubted whether it is useful or hurtful to alter the established law of any country, if even for the better; for which reason one cannot immediately determine upon what he here says, whether it is advantageous to alter the law or not. We know, indeed, that it is possible to propose to new model both the laws and government as a common good; and since we have mentioned this subject, it may be very proper to enter into a few particulars concerning it, for it contains some difficulties, as I have already said, and it may appear better to alter them, since it has been found useful in other sciences.