Nature, Justice, and Rights in Aristotle's Politics

443 Pages·2009·2.89 MB·English

Nature, Justice, and Rights in Aristotle's Politics
In this landmark study of Aristotle's Politics Fred Miller argues that nature, justice, and rights are central to Aristotle's
political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and
marshalls evidence for the language of rights in Aristotle's writings, arguing further that Aristotle's theory of justice
supportsclaimsofindividualrights,whicharepoliticalandbasedinnature.HealsoconsiderstherelationofAristotle's
politicsto other parts of his philosophy, in particular to the teleological view of nature in the Physicsand the theory of
justice in the Nicomachean Ethics.
Professor Miller examines in detail the constitutional applications of Aristotle's theory, including the correct
constitutions of kingship, aristocracy, and polity (based in the common advantage), and the deviant constitutions of
democracy, oligarchy, and tyranny (based in the advantage of the rulers). Aristotle's treatments of revolution and
property rights are also covered, and the major presuppositions of his political theory are critically examined and
related to current issues including the liberalism-communitarianism debate.
This stimulating treatment of the Politics sheds new light on Aristotle's relation to modern political philosophy, in
particular to natural rights theorists such as Hobbes and Locke. It will be of value to philosophers, politicalscientists,
classical scholars, and anyone interested in the theoretical foundations of human rights.
This page intentionally left blank
Nature, Justice, and Rights in Aristotle's Politics
Fred D.Miller, Jr.
CLARENDON PRESS · OXFORD
GreatClarendonStreet,OxfordOX26DP
OxfordUniversityPressisadepartmentoftheUniversityofOxford
ItfurtherstheUniversity'sobjectiveofexcellenceinresearch,scholarship,
andeducationbypublishingworldwidein
OxfordNewYork
AucklandBangkokBuenosAiresCapeTownChennai
Dar esSalaamDelhiHongKongIstanbulKarachiKolkata
KualaLumpurMadridMelbourneMexicoCityMumbaiNairobi
SãoPauloShanghaiTaipeiTokyoToronto
Oxfordisaregisteredtrademark ofOxfordUniversityPress
intheUK andincertainothercountries
PublishedintheUnitedStatesby
OxfordUniversityPressInc., NewYork
©FredD. MillerJr. 1995
Themoralrightsoftheauthorshavebeenasserted
DatabaserightOxfordUniversityPress(maker)
Allrightsreserved.Nopartofthispublicationmaybereproduced,
storedinaretrievalsystem,or transmitted,inanyform orbyanymeans,
withoutthepriorpermissioninwriting ofOxfordUniversityPress,
oras expresslypermittedbylaw, or under termsagreedwiththeappropriate
reprographicsrightsorganization.Enquiriesconcerningreproduction
outsidethescopeoftheaboveshouldbesenttotheRightsDepartment,
OxfordUniversityPress,attheaddressabove
Youmustnotcirculatethisbookinanyotherbindingorcover
andyoumustimposethissameconditiononanyacquirer
ISBN0-19-824061-9(hb)
ISBN0-19-823726-X(pb)
To my mother
and the memory of my father
This page intentionally left blank
Preface and Acknowledgements
Aristotle maintains that there is only one constitution which is everywhere according to nature the best (EN V 7
1135a5). This book is a study of what I take to be the central argument of his Politics in support of this thesis: that
constitution is best according to nature which is unqualifiedly just and which guarantees the rights of its citizens
according to thisstandard. The best constitution serves as a standard by whichpoliticians can establish, preserve, and
reform different political institutions appropriate to a wide variety of social circumstances. I offer a reconstruction of
Aristotle'spoliticalphilosophybaseduponanexaminationofhistexts,alongwithanassessmentofhisargumentinthe
lightofmoderntheoriesand concerns. IarguethatAristotleis a precursor ofmoderntheorists ofjustice, thatitisnot
anachronistic to understand him as concerned with individual rights, and that he makes an important contribution to
our understanding of these concepts.
ThisbookisintendednotonlyforspecialistsinAristotle,butalsofor readerswhohaveageneralinterestintheoriesof
justice and rights, in the history of ethics, political theory, and jurisprudence, or in ancient Greek political history. All
Greek text in this book is translated; and, unless otherwise explicitly indicated, the translations are mine. All Greek
terms are transliterated, withthefollowingconventions: upsilonis transliteratedas ‘u’; etaas ‘ē’; omega as‘ō ’; and iota
subscript is rendered by an ‘i’ following the subscripted vowel. I have relied primarily on Dreizehnter's edition of the
Politics and theOxford Classical Texts of theNicomachean and Eudemian Ethics, although I havenoted some departures
from these. Sigla for manuscripts are from these editions. I have found especially valuable Lord's translation of the
Politics,Irwin'stranslationoftheNicomacheanEthics,andBarnes'srevisededitionoftheOxfordtranslationsofAristotle.
Throughout the project I relied constantly on Newman's magisterial four-volume commentary of the Politics. I have
also made frequent use of the other critical editions, translations, and commentaries for these and other Aristotelian
writings, which are listed by the name of editor, translator, or commentator in the Bibliography.
Some of the material in this book appeared earlier in another form, but it was all reworked (for the most part
extensively) in order to be incorporated into this book. Parts of Sections 1.2 and 1.5 are based on the
viii PREFACE AND ACKNOWLEDGEMENTS
introduction to David Keyt and Fred D. Miller, Jr. (eds.), A Companion to Aristotle's Politics (by permission of Basil
Blackwell © 1991). Sections 2.1–4 are revised from ‘Aristotle's Political Naturalism’, in Terry Penner and Richard
Kraut (eds.), Nature, Knowledge, and Virtue: Essays in Memory of Joan Kung (by permission of Academic Printing and
Publishing © 1989). Sections 3.3–5 are descended from ‘Aristotle on Nature, Law, and Justice’, University of Dayton
Review, Special Issue on Aristotle, 19 (1988–9), 57–69 (by permission of University of Dayton Review); and ‘Aristotle on
Natural Law and Justice’, in A Companion to Aristotle's Politics (by permission of Basil Blackwell © 1991). Chapter 9
appearedinanearlierform as ‘AristotleonPropertyRights’,inJohnAntonandAnthonyPreus(eds.),EssaysinAncient
Greek Philosophy, iv (by permission of State University of New York Press © 1991). Section 10.2 is partly based on
Michael Bradie and Fred D. Miller, Jr., ‘Teleology and Natural Necessity in Aristotle’, History of Philosophy Quarterly, 1
(1984), 133–46 (by permission of Nicholas Rescher). Section 10.4 also draws upon ‘The State and Community in
Aristotle's Politics’, ReasonPapers, 1 (1974), 61–9 (bypermission ofTibor Machan). I am also indebted toKurt Luckner
of the Toledo Art Museum for assistance with the cover art.
I have many people to thank, beginning with my wife Kathryn for her love, encouragement, and patience throughout
this project. I am grateful to the Earhart Foundation for two grants in support of my research and to Dean Louis
Katzner and Bowling Green State University for a research leave. I also acknowledge the warm hospitality of John
Gray and theFellows ofJesus College, Oxford, whereI visitedin1989. Specialthanks are also due tomy co-directors
at the Social Philosophy and Policy Center, Ellen F. Paul and Jeffrey Paul, who have offered continuing
encouragement. I have also received unflagging support from the Center's staff, including Kory Swanson, Terrie
Weaver, Tamara Sharp—and especially Mary Dilsaver for years of meticulous typing.
DuringthedecadeIhaveworkedonthisbook,Ihavebenefitedgreatlyfromthegenerousassistance,suggestions,and
criticisms of many other persons. I received helpful reactions from commentators and audiences when presenting
earlier drafts of chapters and sections at meetings of professional societies, including the American Philosophical
Association, the American Political Science Association, the Society for Ancient Greek Philosophy, the American
Association for the Philosophic Study of Society, the Greater Philadelphia Philosophy Consortium, and an NEH
summer institute on Aristotledirectedby John M. Cooper, Michael Frede, and Allan Gotthelf, as wellas in symposia,
colloquia, and seminars at the
PREFACE AND ACKNOWLEDGEMENTS ix
UniversityofColoradoatBoulder,theUniversityofDayton,theUniversityofManchester,theUniversityofWaterloo,
and Bowling Green State University.
In addition to many individuals who have discussed the project with me, the following individuals generously made
written comments and criticisms on earlier drafts: Julia Annas, Larry Arnhart, Neera Kapur Badhwar, Thomas
Banchich, John Boler, Sterling Burnett, David Charles, John M. Cooper, Kenneth Cust, Douglas J. Den Uyl, David
Depew, Harold C. Dolan, Thomas A. Fay, Don Fowler, R. G. Frey, David Gordon, Daniel Greenberg, Charles
Griswold, John Gray, John Haldane, Waldemar Hanasz, Maureen Kelley, Irfan Khawaja, Richard Kraut, Lawrence
Jost, Lindsay Judson, Joan Kung, James G. Lennox, Anthony J. Lisska, Loren Lomasky, Robert Mayhew, Eugene F.
Miller, Phillip Mitsis, Jan Narveson, John O. Nelson, Ronald Polansky, AnthonyPreus, Douglas B. Rasmussen, A. E.
Raubitschek, D. A. Rees, Meyer Reinhold, Gerasimos Santas, Christopher Shields, Peter Simpson, Steven B. Smith,
James Sobredo, Hillel Steiner, James Stuart, Brian Tierney, Henry B. Veatch, Lloyd L. Weinreb, Carrie-Ann Zinaich,
SamuelZinaich, Catherine H. Zuckert, Michael P. Zuckert, and twoanonymous referees for Oxford UniversityPress.
I also received valuable assistance in preparing the indices from Mary Dilsaver, Tamara Sharp, and Carrie-Ann and
SamuelZiniach.Mygreatestdebtistomyteacherandmentor,DavidKeyt.Itwasmygoodfortunethatwedeveloped
a fascination with Aristotle's Politics at the same time, for David has been a stimulating interlocutor, supportive
collaborator, and unrelenting critic over the past decade. Of course, none of the above individuals necessarily agrees
withallmyconclusions(indeed,somevehementlydisagree!),andthesoleresponsibilityfor anyresidualerrors ismine.
Finally, this book is dedicated to my late father, Fred D. Miller, Sr., who introduced me to ancient history.
F. D. M.