This brings us to perhaps the most contentious of political questions: how should the regime be organized? Another way of putting this is: who should rule? In Books IV-VI Aristotle explores this question by looking at the kinds of regimes that actually existed in the Greek world and answering the question of who actually does rule. By closely examining regimes that actually exist, we can draw conclusions about the merits and drawbacks of each. Like political scientists today, he studied the particular political phenomena of his time in order to draw larger conclusions about how regimes and political institutions work and how they should work. As has been mentioned above, in order to do this, he sent his students throughout Greece to collect information on the regimes and histories of the Greek cities, and he uses this information throughout the Politics to provide examples that support his arguments. (According to Diogenes Laertius, histories and descriptions of the regimes of 158 cities were written, but only one of these has come down to the present: the Constitution of Athens mentioned above).
Another way he used this data was to create a typology of regimes that was so successful that it ended up being used until the time of Machiavelli nearly 2000 years later. He used two criteria to sort the regimes into six categories.
The first criterion that is used to distinguish among different kinds of regimes is the number of those ruling: one man, a few men, or the many. The second is perhaps a little more unexpected: do those in power, however many they are, rule only in their own interest or do they rule in the interest of all the citizens? “[T]hose regimes which look to the common advantage are correct regimes according to what is unqualifiedly just, while those which look only to the advantage of the rulers are errant, and are all deviations from the correct regimes; for they involve mastery, but the city is a partnership of free persons” (1279a16).
Having established these as the relevant criteria, in Book III Chapter 7 Aristotle sets out the six kinds of regimes. The correct regimes are monarchy (rule by one man for the common good), aristocracy (rule by a few for the common good), and polity (rule by the many for the common good); the flawed or deviant regimes are tyranny (rule by one man in his own interest), oligarchy (rule by the few in their own interest), and democracy (rule by the many in their own interest). Aristotle later ranks them in order of goodness, with monarchy the best, aristocracy the next best, then polity, democracy, oligarchy, and tyranny (1289a38). People in Western societies are used to thinking of democracy as a good form of government – maybe the only good form of government – but Aristotle considers it one of the flawed regimes (although it is the least bad of the three) and you should keep that in mind in his discussion of it. You should also keep in mind that by the “common good” Aristotle means the common good of the citizens, and not necessarily all the residents of the city. The women, slaves, and manual laborers are in the city for the good of the citizens.
Almost immediately after this typology is created, Aristotle clarifies it: the real distinction between oligarchy and democracy is in fact the distinction between whether the wealthy or the poor rule (1279b39), not whether the many or the few rule. Since it is always the case that the poor are many while the wealthy are few, it looks like it is the number of the rulers rather than their wealth which distinguishes the two kinds of regimes (he elaborates on this in IV.4). All cities have these two groups, the many poor and the few wealthy, and Aristotle was well aware that it was the conflict between these two groups that caused political instability in the cities, even leading to civil wars (Thucydides describes this in his History of the Peloponnesian War, and the Constitution of Athens also discusses the consequences of this conflict). Aristotle therefore spends a great deal of time discussing these two regimes and the problem of political instability, and we will focus on this problem as well.
First, however, let us briefly consider with Aristotle one other valid claim to rule. Those who are most virtuous have, Aristotle says, the strongest claim of all to rule. If the city exists for the sake of developing virtue in the citizens, then those who have the most virtue are the most fit to rule; they will rule best, and on behalf of all the citizens, establishing laws that lead others to virtue. However, if one man or a few men of exceptional virtue exist in the regime, we will be outside of politics: “If there is one person so outstanding by his excess of virtue – or a number of persons, though not enough to provide a full complement for the city – that the virtue of all the others and their political capacity is not commensurable…such persons can no longer be regarded as part of the city” (1284a4). It would be wrong for the other people in the city to claim the right to rule over them or share rule with them, just as it would be wrong for people to claim the right to share power with Zeus. The proper thing would be to obey them (1284b28). But this situation is extremely unlikely (1287b40). Instead, cities will be made up of people who are similar and equal, which leads to problems of its own.
The most pervasive of these is that oligarchs and democrats each advance a claim to political power based on justice. For Aristotle, justice dictates that equal people should get equal things, and unequal people should get unequal things. If, for example, two students turn in essays of identical quality, they should each get the same grade. Their work is equal, and so the reward should be too. If they turn in essays of different quality, they should get different grades which reflect the differences in their work. But the standards used for grading papers are reasonably straightforward, and the consequences of this judgment are not that important, relatively speaking – they certainly are not worth fighting and dying for. But the stakes are raised when we ask how we should judge the question of who should rule, for the standards here are not straightforward and disagreement over the answer to this question frequently does lead men (and women) to fight and die.
What does justice require when political power is being distributed? Aristotle says that both groups – the oligarchs and democrats – offer judgments about this, but neither of them gets it right, because “the judgment concerns themselves, and most people are bad judges concerning their own things” (1280a14). (This was the political problem that was of most concern to the authors of the United States Constitution: given that people are self-interested and ambitious, who can be trusted with power? Their answer differs from Aristotle’s, but it is worth pointing out the persistence of the problem and the difficulty of solving it). The oligarchs assert that their greater wealth entitles them to greater power, which means that they alone should rule, while the democrats say that the fact that all are equally free entitles each citizen to an equal share of political power (which, because most people are poor, means that in effect the poor rule). If the oligarchs’ claim seems ridiculous, you should keep in mind that the American colonies had property qualifications for voting; those who could not prove a certain level of wealth were not allowed to vote. And poll taxes, which required people to pay a tax in order to vote and therefore kept many poor citizens (including almost all African-Americans) from voting, were not eliminated in the United States until the mid-20th century. At any rate, each of these claims to rule, Aristotle says, is partially correct but partially wrong. We will consider the nature of democracy and oligarchy shortly.
Aristotle also in Book III argues for a principle that has become one of the bedrock principles of liberal democracy: we ought, to the extent possible, allow the law to rule. “One who asks the law to rule, therefore, is held to be asking god and intellect alone to rule, while one who asks man adds the beast. Desire is a thing of this sort; and spiritedness perverts rulers and the best men. Hence law is intellect without appetite” (1287a28). This is not to say that the law is unbiased. It will reflect the bias of the regime, as it must, because the law reinforces the principles of the regime and helps educate the citizens in those principles so that they will support the regime. But in any particular case, the law, having been established in advance, is impartial, whereas a human judge will find it hard to resist judging in his own interest, according to his own desires and appetites, which can easily lead to injustice. Also, if this kind of power is left in the hands of men rather than with the laws, there will be a desperate struggle to control these offices and their benefits, and this will be another cause of civil war. So whatever regime is in power should, to the extent possible, allow the laws to rule. Ruling in accordance with one’s wishes at any particular time is one of the hallmarks of tyranny (it is the same way masters rule over slaves), and it is also, Aristotle says, typical of a certain kind of democracy, which rules by decree rather than according to settled laws. In these cases we are no longer dealing with politics at all, “For where the laws do not rule there is no regime” (1292b30). There are masters and slaves, but there are no citizens.