politics

Chapter 42 Volume (Δ) Four (10)
In the following, 1300a31-b5 adopted (3) in the "two combination" variation, and a total of 15 schemes were listed.Here, a total of 12 schemes are not mentioned among the 27:

(I) A2β, A2γ;

(II) B1β;

(Ⅲ) Item C and 1, 2, 3 and α, β, γ can be combined into 9 schemes. .When the arrangement is based on the system in which all are responsible for the election, the following schemes can be formed: (sub) the election method is used to select administrative personnel from all citizens (Alα), (b) the method of lottery is used to select administrative personnel from all citizens (Alβ).Both of the above two schemes can be further modified as follows. When selecting from the whole, either the people are divided into tribes, electoral districts (fangshe) and clan societies, and then the selection is carried out until all divisions are selected, or each time Completely select from all citizens; (yin) apply the electoral law and select among some citizens (A2α), or (d) apply the lottery method and select among some citizens (A2β), but this is also possible25 (Chen, si) In the same state, some officials are produced by this method, while another part of officials are produced by another method (Alγ, A2γ).

Similarly, when an arrangement is based on a system in which some citizens are responsible for the election, the following schemes can be formed: (noon) the electoral law is applied, and administrators are selected from among all citizens (Blα), or (no) castration is applied, and all Select administrative personnel from among the citizens (Blβ), or (Shen) apply the electoral law to select administrative personnel from some citizens (B2α), or (unitary) apply the castration method to select administrative personnel from some citizens (B2β); but It may also happen that in the same city-state, some officials are selected by this method, while other officials are selected by another method. from all the citizens, while others were chosen by lot from all the citizens (Blγ), or (2) some offices were chosen by election from some of the citizens, while others They were selected by lottery (B30γ).In this way, 3 we selected one of the dichotomous items (γ) and deleted the other two dichotomous items (C, [-]), in fact, a total of twelve schemes were formed.

To which regime do these individual investiture schemes fit?First, among the schemes, there are two types that are of a civilian nature: (a) election by all citizens, by electoral law, from among all citizens (Alα), or selection of officials by eunuchs (Alβ), or (B) Divide officials into two types, using both methods of election and castration (Alγ).Second, there are several schemes suitable for a republic: one of them is (A, B)35 elected by all citizens, and officials are elected from among all citizens, either by election, or by eunuchs, or a combination of both (Alα, β, γ), but in the implementation process, it is not carried out continuously as a whole of all citizens. All citizens must be divided into several electoral districts, and then successively selected.The other type is (c) all citizens are responsible for the election, and the functions are divided into two types, some are selected from all citizens, and others are selected from some citizens. As for the selection procedure, the election method or lottery method, or both (A3α, β, γ).Choose one of these three categories.

(D) There is another category. Although only some citizens are responsible for the election, all citizens are eligible to be selected. However, officials are divided into two types, and the two methods of election and lottery (Blγ) are used for selection. Forms of government also apply, especially republics that tend to be oligarchic in nature. (e) If some citizens are responsible for the election, some officials are elected from all citizens, and some other officials are elected from some 40 citizens, as for the selection procedures, it can be done in elections or lottery or both. 1300b ( B3 α, β, γ) Choose one of these three, the last option is also applicable to republics, especially for republics that tend to be aristocratic.

Third, officials are selected from some citizens under the responsibility of some citizens. The method of selection can be elections, lottery, or both (B2α, β, γ). The scheme works for oligarchy.Fourth, the scheme applicable to the aristocratic regime is (G) election by some citizens from among all citizens according to the electoral law (Blα), or election by all citizens from among some citizens according to the electoral law (A2α) The original text of Official Selection 1300a23-b5 has many omissions and mistakes, most omissions are due to "the same upper and lower words at the end or beginning of a line", and most of the errors are due to too many "repeated phrases" or "repeated words" in this section.CThurot, Spengel, Susmeer, etc. have all edited and supplemented the original text.For Newman's supplementary text, see page 30 of Volume 5 of the school textbook. . [-]
These are the various schemes of organizing the administration, each of which suits the different constitutions in question.If one wishes to fully understand the proper program to be chosen by which form of government, and to understand the method by which the agency appoints personnel, one must also study the nature of the functions and powers of the various administrative agencies, which are not described in the following text, that is, the business performed by them. and responsibilities.But in the first half of this chapter, 1299a15-1300a7, when talking about the types of administrative agencies, it repeatedly touches on this point. .The so-called "administrative powers" refer to powers such as commanding military affairs or managing wealth. powers are different.

Chapter Sixteen

Among the three functions of deliberation, administration and trial, what we still need to consider is the function of trial.We should apply to the courts what we have used in the study of administrative institutions, and the Greeks called what we call courts δικασριον, a noun derived from δκη ("justice") and not from νóμοs ("laws") (cf. note 1280a8). , the literal translation is "sizhi meeting" or "justice courtyard".Many issues are discussed.The three items that have changed here are (15) the members of the court, [-] ([-]) the cases accepted, and ([-]) the appointment procedures of judicial personnel.The first question is: Should the judges (jurors) who organize the courts be selected from all citizens or from some citizens.The second question is: How many types of courts are there, with regard to the cases they deal with as a point of distinction.The third question is: should the judiciary be appointed by election or by lot (drawing lots).

Let's first establish how many types of courts there are.There are eight classifications of courts, see Volume 767, Chapter 957, and Hippo Dharma classified the three categories of judicial cases into criminal cases.Plato's "Laws" 393 and 20A mentioned the classification of courts, which he divided into two categories: private disputes and endangering public interests.The classification made by Aristotle in this section focuses on political cases such as endangering public interests and city-state constitutions.On page 48 of the English translation of "Greek Political System" written by Gilbert, it discusses the public court in Athens. The more important the case is, the more jurors will be. There are two hundred or four hundred jurors. , five hundred, one thousand, one thousand five hundred, two thousand and two thousand five hundred.Types of.One is the court 55 "Review Tribunal" (νθυνικóν), which examines the accounts and measures of the ruling personnel, see Chapters [-] and [-] of "The Political System of Athens".

; the second is the court that hears common cases that violate the public interest of the city-state; the third is the court that specializes in violations of the constitution (regime); (see some examples listed in Volume 1304, Chapter 13, 17a25-279.); the fifth is the court concerning contractual disputes between private individuals, which usually occurs frequently; the sixth is the court dealing with homicide cases; the seventh is the A court that deals with alien cases. 57 There are several differences in homicide cases. Homicide cases are tried in different courts according to the organization of the case. This is one of the customs in Athens.Forcius's "Book Records" 65, citing Helladius, divided homicides into four categories. Chapter 77 of "The Constitution of Athens" and "Anti-Aristocrates" [-]-[-] (CAristocr) by Demosthenes both list five categories, one more than this section-death of wood, stone , Throwing of iron objects and the case of being unable to prove the thrower. , the same court may try various cases. Of course, different courts may also be organized to try homicide cases of different nature.

The difference between the two lies in: (1) Premeditated murder; (2) Unintentional manslaughter; (3) The murder has been confessed, but there are different opinions on the crime, and different laws can be invoked in this case; It is committed by a person who was exiled abroad for manslaughter and committed the crime of intentional homicide after returning.The penalty for manslaughter at the "Pilito Tribunal" (ò ν Φρεαο δικασ ριον) in Athens was banishment for one year.Criminals who return to the country but have not yet completed the settlement procedures and commit intentional homicide must be tried in the Pirito court. The person being tried stands in the boat, and the judge (juror) sits on the shore.See Chapter 4 of The Constitution of Athens; Anti-Aristocrates 57 by Demosynes.This is an example of the last type of case tried.Cases of this nature are also rare in large states. 77 Similarly, there are two types of courts for alien cases: (30) courts that deal with lawsuits between foreigners, and (1) courts that deal with lawsuits between foreigners and citizens of the state.Finally, the eighth court judges small contractual disputes between private individuals. The amount of the dispute is limited to one to five drachmas, and the limit is slightly relaxed for money and debt disputes. These lawsuits do not need to be heard by many jurors. .

We no longer need to comment on the last three courts that deal with small contract disputes and homicide and alien cases, but we should pay attention to the first five courts that deal with cases of a political nature. If these cases are judged improperly, they will often It will cause political unrest and social infighting.Here (35) if all citizens can be selected as jurors to attend court, we can form the following programs.All citizens can serve as jurors. (1) To judge all the above-mentioned cases, the selection method can be selected from (α) election, (β) lottery or (γ) partial election and partial lottery40. one.Or all citizens can serve as jurors, but (2) they are limited to the trial of certain cases, but cannot try all cases. The organizations of various courts are composed of jurors, some of whom are elected and others Selected by lot.In this way, there are these four schemes 1301α (-2α, β, γ and -2). ([-]) If only some citizens are allowed to serve as jurors instead of all citizens, the number of programs constituted is also the same ([-]lα, β, γ and [-]).

Here, jurors (1) selected from some citizens can judge all the cases mentioned above. or (2) because they are limited to adjudicating certain cases, they can only attend certain courts, and their selection procedures will all adopt the method of both election and lottery. Individually selected jurors make up these courts. 5 As mentioned above, the last four schemes can be compared with the first four schemes. According to "Newman's Annotation", the word "contrast" of νσροφοι is added. .Furthermore, (10) we may mix the schemes of the above two systems, so that some courts have their members drawn from all the citizens, and others from some of them, Still others are chosen both from the whole and from some of the citizens, and such courts are composed of both kinds of jurors, drawn from all and some of the citizens.Regarding the selection method of jurors, you can choose one of (α) election, (β) lottery, or (γ) a combination of both. [-]
Here is a list of various scenarios that could constitute a court.First, the program of a civilian nature, that is, jurors are selected from among all citizens to try all cases.Second, the oligarchic scheme, that is, the selection of court members from among some citizens.The third type, the aristocratic and republican schemes, that is, members of some courts are selected from all citizens, and members of other courts are selected from some citizens,15 and all cases are judged in this way.

(End of this chapter)