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Nature, Justice, and Rights in Aristotle's Politics PDF

443 Pages·1997·1.73 MB·English
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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.

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This comprehensive study of Aristotle's Politics 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 presents evidence for talk of rights in Aristotle's writings.
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