Aliens and moral anarchy from Aristotle’s point of view. Helsinki. 2018





2018 INTERNATIONAL MEETING

Helsinki, Finland

Meeting Begins: 7/30/2018
Meeting Ends: 8/3/2018 

First of all, I want to thank to the organizers of this Panel Citizens and Aliens in Greco-Roman world included in the Conference of the Biblical Society and particularly to Maijastina Kahlos who accepted my proposal for this Panel.
When thinking about Citizens and Aliens in the Greek-Roman world having as a point of reference the situation in Europe nowadays, it seemed to me that generally speaking, the present historical period has certain features, which are similar to those Athens was living in the fourth century B.c.        
At that period Athenian society experienced a strain between the maintenance of the values and the way of living enrooted in their peculiar idiosyncrasy and the acceptance of customs resulting from the influence of different cultural ambits, which could become a potential attack to their own cultural identity.
The democratic political system centred on the ‘polis’ went to a crisis in its highest point. New and more realistic projects foretelling different social and cultural horizons began to appear. The Athenian citizens developed a critical attitude towards the democratic postulates of the preceding period and began to value other forms of government not strictly democratic.
Aristotle alarmingly verifies two simultaneous phenomena, the instability of the Greek political life and the moral anarchy and concludes that the second one is the cause of the first one and consequently he considers that the remedy for this situation is to teach a better way of life. According to Aristotle the plenitude of morality is born in the state and it must be there, in the community and in the living together, in the social ambit, where man perfectly and completely fulfils himself and where good develops into a greater scale. This reflection gives birth to a whole corpus of political thought where he offers some proposals as a solution to the ideological, moral crisis of his epoch.
We are going to summarize this political, moral theory, starting from the theoretical and general proposal that questions the possibility of living together and we will continue reviewing and analyzing his conception of law and what he proposes to Athenian rulers. Finally we will mention the rule Education in the shaping of the idea of citizenship. Aristotle symbolizes the culmination of a doctrine in which the political thought is linked with the moral and educational theories and, being located at the end of an epoch, his proposals reflect a deeper content of thought and experience.
Aristotle, who bases all his philosophical theory on experience, states that (Pol.1263a15) ‘in general, to live together and share in any human concern is hard’ (...) and sets an example as simple as the associations of people travelling together in which most of them fall to quarrelling, ‘because in most cases they annoy each other over ordinary, everyday matters’. In spite of being hard, living together is necessary because (Pol. 1253a28-30) ‘the impulse towards this kind of association exists by nature in all men’, and ‘whoever is incapable of associating or has no need to because of self-sufficiency is either a beast or a god’. Therefore ‘even without needing the mutual help, men tend to living together and they join together by participating in the common warfare’, because ‘man is a political animal by nature’ (Pol. 1278b19).
Aristotle, who has based on nature the man’s social characteristics, goes a step further and deduces that an individual is becoming incomplete without the state, for the individual is linked to the state as a part to the whole and the whole is superior to the part by nature. If the relationship between the state and the individual person is established because of nature, man will acquire his perfection in his relationship with society and society will be shaped according to the characteristics of human nature and not against them. Human nature is completed within society and incomplete without it.
Admitting the possibility and the necessity (φύσει) of living together means to accept the characteristics which shape a society which is formed by different individual persons: (Pol. 1261a17) ‘It is clear that if the process of unification advances beyond a certain point, the city will not be a city at all for a state essentially consists of a multitude of persons. And if unification is carried beyond a certain point, the city will be reduced to family and family to individual, for the family is a more complete unity than the city, and the single person than the family; so that even if any lawgiver were able to unify the state, he must not do so, for he will destroy it in the process. And not only does a city consist of a multitude of human beings, it consists of human beings differing in kind. A collection of persons all alike does not constitute a state’.
In the same sense it is stated that (Pol. 1261b30) ‘while in one way it is admirable, but impossible, that all should say the same thing, in another way it is not at all conducive to concord’. A state without multiplicity is (Pol. 1263b32) ‘a state that will arrive at a point where in a sense it will not be a state (…). It is as if you were to reduce concord to unison or rhythm to a single beat’. Aristotle has always in mind in his statements the criticism about egalitarianism proposed by Plato in The Laws and The Republic as an ideal solution to the political problems. Therefore he insists upon the acceptance of diversity as a fundamental principle for society.
Therefore, agreement (ὁμονοητικόν) must be based on an acute sense of difference among the interests of each person, which has to be reasonably reconciled. And for this purpose man has at his disposal, also by nature, the faculty of speech, which enables him to dialogue and which reveals the moral awareness about what is just or unjust, good or bad, and that moral awareness serves as a basis for the support of society: (Pol.1253a) ‘The reason why a man is an animal fit for a state is obvious (…) Nature does nothing pointlessly, and man alone among animals possesses speech (…) speech serves to make clear what is beneficial and what is harmful and so also what is just and what is unjust’. The use of speech involves that what is just and what is unjust is established according to previous deliberation and persuasion. Aristotle wants to point out that, while on the one hand animals act and react automatically, having a tendency towards what is pleasant as something beneficial with no reflection; on the other hand men consider, debate and choose alternatives which distinguish what is pleasant from what is beneficial.’
Here we deal with one of the matters that the west civilization owes Greece most, the Art of Rhetoric. Persuasion (πείθος) was considered the essential element of a civilized society. Dialogue is the first basis on which the interlocking of a plural society is supported.
Another matter to which he dedicates his attention at different moments and which is also essential in order to avoid the social lack of equilibrium generated by violence is to establish, on the one hand, limits to the acquisition of wealth, and on the other hand, to use money to create a public welfare. He writes: (Pol. 1257b32) ‘it seems evident that necessarily there is a limit of any riches, but in practice we see that the opposite happens. Since all men that trade increase their fortune limitlessly... (39). Some people believe that that is the function of economy and they end thinking that you must keep or increase your fortune indefinitely. The cause of this disposition is the eagerness for living and not for living properly’. 
Wealth that is considered in the Rhetoric (1361a23) as a part of happiness, falls in the Ethics (EN 1120a5) within what must be subjected to a moral norm “articles of use can be used either well or ill, and he who uses a thing best is he who possesses the virtue related to that thing; therefore that man will use riches best who possesses the virtue related to wealth’. In this sense he also considers usury a deviation from what is natural, since (Pol. 1258b4) ‘in it, gain comes from the money itself and not from what it was invented for’. He also warns against two vices concerning money (EN 1121b 20) ‘deficiency in giving and excess in taking’.  And he urges the ruling class to study a way for the citizens to achieve a relief as far as primary needs are concerned and so the ruling class would back the dedication to a moral activity, to the state affairs and consequently the citizens would live in freedom and in peace.
A third potential factor of instability is violence -uprising and crimes- which is generated by inequality of property within the people's classes, which produces a poverty atmosphere  in which some people lack the necessities, and they suffer from cold and hunger, while in the outstanding classes violence is generated by the search of honours, and in everybody ‘by the keen desire of enjoying and satiating their wishes, for, if their wishes go farther than what is necessary for their appeasement they will break the law... The greatest crimes are committed because of excesses and not because of necessities’.
This plural society (Pol. 1263b35) ‘it is necessary to make it common and one through education and the person who did intend to introduce education and who believed that through this the state would be sound, should think to put it straight by habits, philosophy and laws’.
Written legislation is, in Aristotle thought, the goal of political science, because it guarantees the common good of citizens (πολιτείαι τὸ κοινῇ συμφέρον σκοπούσιν) (Pol. 1279a) ‘It is clear then that those constitutions that aim at the common advantage are in effect rightly framed in accordance with absolute justice, while those that aim at the rulers' own advantage only are faulty, and are all of them deviations from the right constitutions; for they have an element of despotism, whereas a city is a partnership of free men’.
He refers in the Rhetoric to written law as (Rh 1368b5) ‘particular law (ἴδιον) in accordance with which a state is administered’, and creates a contradiction between this and ‘general law’ (κοινόν) that would be (Rh 1368b5) ‘the unwritten regulations which appear to be universally recognized’, ‘the general idea of just and unjust in accordance with nature, as all men in a manner divine, even if there is neither communication nor agreement’ (Rh 1373b7).
This qualification of general, common and natural that we have seen as specific of unwritten law, is -in many texts- also considered as an essential feature of written law. Because he considers that legislation, on the one hand, must be thought to be good by all mankind, just for the fact of them being human. On the other hand, written law must be indeterminate, excluding pretensions to cover every single case to which it could be applied, and leaving enough room for freedom.
Because of this vagueness and lack of precision, laws can and must be changed from time to time and be modified when new circumstances appear, when seeking  (Pol. 1269a 2) ‘not the traditional but the good’. The lack of precision is replaced by Equity. Equity is the concept that regulates the application of the law to a particular case. Aristotle defines equity (τὸ ἑπιεικές) (Rh 1374a17) as ‘justice that goes beyond the written law’ and as the criterion for considering legal (or fair) what is not established so, by written law. What lies beneath this consideration is the belief that over what is legal; there exists a supreme justice that only by accident must be codified in written laws and due to its restrictions must be complemented by equity.
Another concept that Aristotle deals with, and which is closely bound to Equity is that of Proportionate Reciprocity. Aristotle asks himself in a more realistic way than Plato did in The Laws, whether laws, as rules that even out social differences, must treat each citizen in a similar way or if, on the contrary, different citizens must be treated in a different way. His answer is that, in principle, as it is shown in Nicomachean Ethics (1131b35) ‘the just (…) is the equal (...) and the unjust the unequal’ and that in consequence (EN 1132a5) ‘the law must treat the parties as equal’.
However, he is aware that people and matters sometimes are similar and sometimes not. And therefore they must be treated differently. The formula of equilibrium between equality and diversity is what he calls Proportionate Reciprocity (EN 1132b24) ‘Reciprocity however does not coincide either with distributive or with corrective Justice (…) In many cases Reciprocity is at variance with Justice (...) But in the interchange of services Justice in the form of Reciprocity is the bond that maintains the association: reciprocity, that is, on the basis of proportion, not on the basis of equality. The very existence of the state depends on proportionate reciprocity’.
Inequality, although necessary, must not be arbitrary. It must always be justified whatever the reasons may be. Equity appears again as the main criteria of justice, because it decides in every single circumstance what is reasonable or not, seeking always a balance between the tendency to find equality and the justification of inequality.
Law is general, as we have just seen and as a consequence, law is rational. There are many different faces of this rationability of the law. First of all, Aristotle stresses that law, as a rule that regulates human behaviour, was born from wisdom, from practical experience of what can be thought of, as moral not only for a single person or for a particular case but for most people in most cases. As he says in the Ethic (EN 1181a11) ‘it would appear that those who aspire to a scientific knowledge of politics require practical experience as well as study’.
Furthermore law is a rational principle that eliminates passion and subjective feelings, as it is said in Pol. 1272b6 ‘it is better that these things should take place according to law and not by the will of men, for this criterion is not safe’ and in this sense, referring to the use of law in courts, he says in Rhetorics (1354b) ‘The member of the public assembly and the dicast have to decide present and definitive issues, and in these case love, hate, or personal interest is often involved, so that they are no longer capable of discerning the truth adequately, their judgement being obscured by their own pleasure or pain’.
The existence of written law prevents that personal considerations of politics, bound to passions and hates, can prevail in a court. For the same reason law is objective and incorruptible. It is a rational measure or a principle of reason. So it is said in Politics (1287a19) ‘It is preferable for the law to rule rather than any one of the citizens, and according to this same principle, even if it be better for certain men to govern, they must be appointed as guardians of the laws and in subordination to them’.
From the notions of rational principle and system of order as characteristic attributed to the law, we easily reach the conclusion that law has a moral purpose: a good legislation doesn’t just guarantee the rights of the citizens, but also it must try to make them just and good (ποιεῖν ἁγαθοὺς καί δικαίους Pol.1280b8) ‘any state that is truly so called and is not a state merely in name must pay attention to virtue; for otherwise the community becomes merely an alliance (…). And the law is a covenant or (…) a guarantee of men's just claims on one another, but it is not designed to make the citizens virtuous and just’.
Definitely, laws guarantee that man achieves his own objective. And political science, that teaches politicians how to elaborate just laws, contributes to this objective, which is, as it is said in the Ethics (EN 1179a 35) ‘Virtue in its various forms, and also Friendship and Pleasure’.

But in order to guarantee the successful co-existence of a diverse community and the observance of laws designed for the common good, the state should pay special attention to education. ‘The greatest of all the means spoken of to secure the stability of constitutions is (…) a system of education suited to the constitutions. For there is no use in the most valuable laws, ratified by the unanimous judgment of the whole body of citizens, if these are not trained and educated in the constitution’ (Pol. 1310a). As Plato, so Aristotle considers that school is mainly the place where future citizens may acquire good taste and mould their character. Leading their instinct towards what is noble and moving them away from what is harmful.
The fact that men are political animals by nature does not imply that their ability to adapt to social life is innate. On the contrary, they need to acquire it gradually through education. Aristotle projects on the person what he had established for the government. In the last book of the Politics, Aristotle develops a complete educational plan for the different skills that he considers necessary to be able to lead a life of leisure and to reach the ultimate aim of happiness.
Aristotle's conceptions are not a result of theoretical speculation somehow connected to society at the time, nor does he intend to give prescriptions in order to solve the actual problems of fourth-century society. They may be understood as an exposition of a series of principles reflecting a generalised way of thinking at the time, which Aristotle brings together and systematises in a persuasive way.
He faces a new social order: the acceptance of the imperial horizons of Alexander the Great, capable of destroying the political values produced by fifth-century Athenian society. These values include the use of debate, of deliberation and persuasion as the main bases for establishing human relations, the search for peace as the ultimate goal of education and living together, the guarantee of the citizens' well-being, the foundation on which personal happiness can be established.
His realism makes him stray from Plato's theoretical approaches, paying attention to the possibility of preparing the ground for the peaceful coexistence of Greeks and non-Greeks. Political science—in the three fields we have discussed— cannot confine itself to securing the polis' right order, ignoring the government of neighbouring populations. It must deal with the bases for establishing a system to live together, and for agreement between people. Thus Aristotle gives birth to a new way of understanding identity and of conceiving politics without renouncing the values that are considered intangible. Aristotle stresses the natural need (φύσει) and the actual possibility of living together; he also considers an education for peace as something bound to human nature, not as a characteristic feature of Greek culture. He tries to minimise the importance of the contents of the law and insists on the fact that it must be general (κοινὸν) and suit actual needs, stressing that written law must change from time to time. He gives importance to agreement (ὁμονοητικόν), equity (ἐπικεία) and proportionate reciprocity as means of dealing with what is different, and he considers it important to educate citizens so that they can become good rulers.

https://www.academia.edu/37489067/Aliens_and_moral_anarchy_from_Aristotles_point_of_view

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