[1300b]
[1]
or to appoint some by vote and others by lot. And
for a certain class to appoint from a certain class <by vote>1 is oligarchical, and so it is for a certain class to appoint
from a certain class by lot (although not working out in the same
way), and for a certain class to appoint from a certain class by both
methods. And for a certain class to make a preliminary selection from the whole
body and then for all to appoint from among certain persons (thus
selected) is aristocratic.So many in
number therefore are the modes of appointing to the magistracies, and this is
how the modes are classified according to the different constitutions; and what
regulations are advantageous for what people and how the appointments ought to
be conducted will be made clear at the same time as we consider what are the
powers of the offices. By the power of an office I mean for instance the control
of the revenues and the control of the guard; since a different sort of power
belongs for example to a generalship and to the office that controls market
contracts.Of the three factors of a constitution it remains to speak of
the judiciary, and of judicial bodies also we must consider the various modes,
in accordance with the same plan. And a difference among judicial courts rests
upon three determinants—constituents, sphere of action, and mode of
appointment. As to their constituents I mean are the courts drawn from all the
citizens or from a certain class? as to sphere of action, how many kinds of
courts are there? and as to mode of appointment, are they appointed by lot or by
vote? First then let us distinguish how many kinds of courts there are. They are
eight in number, one a court of audit,
[20]
another to deal with offenders against any public interest, another with
matters that bear on the constitution, a fourth for both magistrates and private
persons in disputes about penalties, fifth the court dealing with private
contracts that are on an important scale, and beside these there is
(6) the court that tries homicide, and (7)
that which hears alien suits (of courts of homicide there are four kinds, whether the jury is the
same or different—namely, for cases of deliberate homicide, of
involuntary homicide, of homicide admitted but claimed to be justifiable, and
fourth to deal with charges of homicide brought against men that have fled from
the country for homicide, upon their return,2 such as at Athens for instance the Court at Phreatto is said to be,
although such cases are of rare occurrence in the whole course of history, even
in the great states and of the aliens' court one branch hears suits of aliens
against aliens and another of aliens against citizens); and also beside
all of these there are (8) courts to try cases of petty
contracts, involving sums of one drachma, five drachmas or a little
more—for even these cases have to be tried, though they are not
suitable for a numerous jury. But
let us dismiss the subject of these petty suits, and the courts for homicide and
those for aliens, and let us speak about political trials, which when not well
conducted cause party divisions and revolutionary disturbances. And necessarily
either all the judges of all the cases that have been classified will be
appointed by vote, or by lot, or all in all cases partly by lot and partly by
vote, or in some cases some judges will be appointed by lot and others by vote
for the same case.
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