#7:
Beginning with the constitution of individuals and some families at odds – & later deference to an arbiter to hash out their differences and establish peace.
<Hobbes: The Sixteenth, Of Submission To Arbitrement; [OR, the NECESSITY of an arbitrary power]
>And because, though men be never so willing to observe these Laws, there may nevertheless arise questions concerning a mans action; First, whether it were done, or not done; Secondly (if done) whether against the Law, or not against the Law; the former whereof, is called a question Of Fact; the later a question Of Right; therefore unless the parties to the question, Covenant mutually to stand to the sentence of another, they are as far from Peace as ever. This other, to whose Sentence they submit, is called an ARBITRATOR. And therefore it is of the Law of Nature, "That they that are at controversy, submit their Right to the judgement of an Arbitrator."
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This is a theme in Hobbes, and in Plato there is also a turn of deference of some Arbiter because of conflicting laws / customs of private families: these are in conflict, Plato establishes, but the unity of some Arbiter(s) takes what laws the private families have and decides which are best to keep from the families altogether… Which aligns with the absolutist agenda for deference to some arbiter to bring unity… in Hobbes case it is by virtue of fear (and I believe compulsion, but also a bit of persuasion through education), but for the Classics it is generally love of justice and laws and virtue… and persuasion over compulsion (which I can imagine with some very powerful music or eloquence to bring people together?)
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Anyways, what I would point to is in Plato's Laws:
Plato Laws
>Athenian: And every man surely likes his own laws best, and the laws of others not so well.
–This right here is really the basis of what Hobbes gets at with a war of all against all – but more importantly, at this point, there is a failure to have a concord of hosts / partnership of clans, it is futile… every man will have the extent of his laws and boundaries in another man's boundaries, interceding and conflicting…. there must be deference to an Arbiter.
>Athenian: The next step will be that these persons who have met together, will select some arbiters, who will review the laws of all of them, and will publicly present such as they approve to the chiefs who lead the tribes, and who are in a manner their kings, allowing them to choose those which they think best. These persons will themselves be called legislators, and will appoint the magistrates, framing some sort of aristocracy, or perhaps monarchy, out of the dynasties or lordships, and in this altered state of the government they will live.
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IN the same way, King James VI & I talks about this process above and being an arbiter:
King James VI & I
>This I must say for Scotland, and I may truly vaunt it; Here I sit and govern it with my Pen, I write and it is done, and by a Clerk of the Councell I govern Scotland now.
>Of this I can best resolve you: for I am the eldest Parliament man in Scotland, and have sit in more Parliaments than any of my Predecessors. I can assure you, that the form of Parliament there, is nothing inclined to popularity.
>About a twenty days or such a time before the Parliament, Proclamation is made throughout the Kingdom, to deliver in to the King's Clerk of Register (whom you here call the Master of the Rolles) all Bills to be exhibited that Session before a certain day. Then they are brought unto the King, and perused and considered by him, and only such as I allow of are put into the Chancellor's hands to be propounded to the Parliament, and none others: And if any man in Parliament speak of any other matter then is in this form first allowed by me, The Chancellor tells him there is no such Bill allowed by the King.
>Besides, when they have passed them for laws, they are presented unto me, and I with my Scepter put into my hand by the Chancellor, must say, I ratify and approve all things done in this present Parliament. And if there be any thing that I dislike, they raze it out before. If this may be called a negative voice, then I have one I am sure in that Parliament.