[1301a] These modes then are four in number, and the sectional modes also make as many others; for here again the judges for all cases may be drawn by vote from a certain class, or for all cases by lot from a certain class, or some courts may be appointed by lot and others by vote, or some courts may be composed of judges chosen by lot and by vote for the same cases. These then are the modes, as was said, corresponding to those mentioned. [loeb_subsection_4] And there are also the same courts in combination—I mean for example some drawn from the whole body and some from a class and some from both, as for instance if the same court contained some members from the whole body and others from a class, and appointed either by lot or by vote or both. We have then stated all the modes in which it is possible for the courts to be composed; and of these the first set, drawn from all the citizens and dealing with all cases, are popular, the second, drawn from a certain class to deal with all cases, are oligarchic, and the third, drawn partly from all and partly from a certain class, are suited to an aristocracy and to a constitutional government.
[1301a] [loeb_section_1] [loeb_subsection_1] Book 5 is placed as Book 7 by some editors, as Book 8 by others, see Book 3 fin., note.Almost all the other subjects which we intended to treathave now been discussed. There must follow the consideration of the questions, what are the number and the nature of the causes that give rise to revolutions in constitutions, and what are the causes that destroy each form of constitution, and out of what forms into what forms do they usually change, and again what are the safeguards of constitutions in general and of each form in particular, and what are the means by which the safeguarding of each may best be put into effect.For this distinction between broad methods of guarding against revolution and the practical means by which those methods can be put into effect Newman compares 9.2 f., 10 f.; 4.2.5 fin., 6.1.1.
[loeb_subsection_2] And we must first assume the starting-point, that many forms of constitution have come into existence with everybody agreeing as to what is just, that is proportionate equality, but failing to attain it (as has also been said before). Thus democracy arose from men’s thinking that if they are equal in any respect they are equal absolutely (for they suppose that because they are all alike free they are equal absolutely), oligarchy arose from their assuming that if they are unequal as regards some one thing they are unequal wholly (for being unequal in property they assume that they are unequal absolutely); [loeb_subsection_3] and then the democrats claim as being equal to participate in all things in equal shares, while the oligarchs as being unequal seek to have a larger share, for a larger share is unequal. All these forms of constitution then have some element of justice, but from an absolute point of view they are erroneous; and owing to this cause, when each of the two parties has not got the share in the constitution which accords with the fundamental assumption that they happen to entertain, faction ensues. And of all men those who excel in virtue would most justifiably stir up faction, though they are least given to doing so;
[1301b] for they alone can with the fullest reason be deemed absolutely unequal. And there are some men who being superior in birth claim unequal rights because of this inequality; for persons who have ancestral virtue and wealth behind them are thought to be noble.
[loeb_subsection_4] These then roughly speaking are the starting-points and sources of factions, which give rise to party strife (and revolutions due to this take place in two ways: sometimes they are in regard to the constitution, and aim at changing from the one established to another, for instance from democracy to oligarchy, or to democracy from oligarchy, or from these to constitutional government and aristocracy, or from those to these; but sometimes the revolution is not in regard to the established constitution, but its promoters desire the same form of government, for instance oligarchy or monarchy, but wish it to be in their own control. [loeb_subsection_5] Again it may be a question of degree; for instance, when there is an oligarchy the object may be to change to a more oligarchical government or to a less, or when there is a democracy to a more or to a less democratic government, and similarly in the case of the remaining constitutions, the aim may be either to tighten them up or to relax them. Or again the aim may be to change a certain part of the constitution, for example to establish or abolish a certain magistracy, as according to some accounts Lysanderattempted to abolish the kingship at Sparta and the king Pausanias the ephorateSee 1307a 34 n.; [loeb_subsection_6] and also at Epidamnus the constitution was altered in part, for they set up a council instead of the tribal rulers, and it is still compulsory for the magistrates alone of the class that has political power to come to the popular assembly when an appointment to a magistracy is put to the vote; and the single supreme magistrate was also an oligarchical feature in this constitution). For party strife is everywhere due to inequality, where classes that are unequal do not receive a share of power in proportion (for a lifelong monarchy is an unequal feature when it exists among equals); for generally the motive for factious strife is the desire for equality. [loeb_subsection_7] But equality is of two kinds, numerical equality and equality according to worth—by numerically equal I mean that which is the same and equal in number or dimension, by equal according to worth that which is equal by proportionThis ethical arithmetic is helped out in Greek by the fact that, even without the qualification κατ’ ἀξίαν, ἴσος often means equal to desert, fair, just.; for instance numerically 3 exceeds 2 and 2 exceeds 1 by an equal amount, but by proportion 4 exceeds 2 and 2 exceeds 1 equally, since 2 and 1 are equal parts of 4 and 2, both being halves. But although men agree that the absolutely just is what is according to worth, they disagree (as was said beforeSee 1301a 27 ff. and note.) in that some think that if they are equal in something they are wholly equal, and others claim that if they are unequal in something they deserve an unequal share of all things. [loeb_subsection_8] Owing to this two principal varieties of constitution come into existence, democracy and oligarchy; for noble birth and virtue are found in few men,