Plato sort of disregards the classical forms of state for a moment (monarchy, oligarchy, democracy) to restate Theocracy – seems to conclude that an appeal to the maintenance of these forms is an appeal to 'might is right' and not virtue.
There I think I disagree with Plato and agree with Hobbes, whose sentiments in Leviathan say that the fundamental law of nature once Commonwealth is instituted is to keep and maintain whatsoever form that State be as fundamental to their peace and security.
Then I'd have to even echo Aristotle, who says that the forms of government have their own virtues, despite disagreeing with his opinion that political & economical differ – so it isn't just might is right but the maintenance of the virtue of their respective forms as fundamental, I think monarchy certainly has virtues to consider with its formal qualities and it isn't just a question of might is right when I talk about keeping the form of government as a fundamental law.
I've mentioned before, that where Aristotle talks about a pre-eminent ruler in Politics, there's a precedent to that in Plato's Laws as well (& I think elsewhere):
>There is a tradition of the happy life of mankind in days when all things were spontaneous and abundant. And of this the reason is said to have been as follows: –Cronos knew what we ourselves were declaring, that no human nature invested with supreme power is able to order human affairs and not overflow with insolence and wrong. Which reflection led him to appoint not men but demigods, who are of a higher and more divine race, to be the kings and rulers of our cities; he did as we do with flocks of sheep and other tame animals. For we do not appoint even oxen to be the lords of oxen, or goats of goats; but we ourselves are a superior race, and rule over them. In like manner God, in His love of mankind, placed over us the demons, who are a superior race, and they with great ease and pleasure to themselves, and no less to us, taking care of us and giving us peace and reverence and order and justice never failing, made the tribes of men happy and united. And this tradition, which is true, declares that cities of which some mortal man and not God is the ruler, have no escape from evils and toils. Still we must do all that we can to imitate the life which is said to have existed in the days of Cronos, and, as far as the principle of immortality dwells in us, to that we must hearken, both in private and public life, and regulate our cities and houses according to law, meaning by the very term 'law,' the distribution of mind. But if either a single person or an oligarchy or a democracy has a soul eager after pleasures and desires–wanting to be filled with them, yet retaining none of them, and perpetually afflicted with an endless and insatiable disorder; and this evil spirit, having first trampled the laws under foot, becomes the master either of a state or of an individual,–then, as I was saying, salvation is hopeless. And now, Cleinias, we have to consider whether you will or will not accept this tale of mine.
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Besides Aristotle's description of a pre-eminent king who must be a god among men (& likewise Plato) – whom both sort of deny it, albeit leaving some ambiguity enough with this bar set so high for other philosophers and monarchs to try and make firm that standard. –Where they will say that a monarch is a distribution of higher mind and to the state a mastermind.
This is the sentiment Gaius Caligula echoes,
>As a shepherd has a higher nature than his flock does, so also the shepherds of men, i.e. their rulers, have a higher nature than do the peoples under them.
Which I'm under the impression Gaius Caligula is referencing.
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With conservatives, I'd agree that some laws are fundamental – Bodin likewise agrees that while there is a sovereign power above human laws (& a capacity of sovereign power to change laws) – this is notwithstanding the fundamental laws, the laws of God and Nature – and Hobbes likewise writes down a list of his own laws of nature (in a more modern tradition and what he considers the fundamental laws of sovereignty) – the fundamental laws of sovereignty and the succession law is upheld, but not every ordinance and policy of states is fundamental.
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I think conservatives favor custom and a more conventional understanding of law – not even because they are against the rule of men and appeal to the rule of law as the rule of God – but because in legislation, again, they're married to Aristotle's opinion in Politics, that a composite brain has a better capacity to govern than the rule of a wise man… so they favor rule by custom and precedents as conventionally understood between numerous heads and assemblies, by numerous courts, so that the laws are their convention like with Aristotle's appeal to a partnership of clans rather than unitary thinking.
Some conservatives will pretend that these laws fall from heaven and no men are instituting them – but when some commentators say that there are no legislators or law-makers, just the discovery of laws – there is still the question of who institutes those laws upon divination and discovery, and who has the authority, and that is the divination and discovery of sovereignty… so sometimes this is just useless semantics about whether someone is 'instituting' or 'discovering' laws.
I'd just echo K. James VI & I, who says,
>Not that I deny the old definition of a King, and of a law: which makes the King to be a speaking law, and the Law a dumb king.
And people will hate me for expressing that, maybe Plato would also, but I have to agree with King James VI & I's sentiments there (yes, I don't deny Bracton would say that the law makes a king (that is, the law fundamental, so the king should uphold the law – but certainly there's the case to be made that considering the fundamentals of sovereignty, that the king is a speaking law, and the ship of state and policy are under the king – which Bodin would agree, that when he says that the king is absolute, he doesn't mean the fundamental laws, law of God or nature, but for policy, and that Plato in maintaining this must mean for the magistrate).
If anyone reading this thread or my audience would question that, I'd also think it's worth repeating that Plato in Republic also speaks along these lines (if not a fault of the translation).
>But, said I, one is enough; let there be one man who has a city obedient to his will, and he might bring into existence the ideal polity about which the world is so incredulous.
>Yes, one is enough.
>The ruler may impose the laws and institutions which we have been describing, and the citizens may possibly be willing to obey them?
>Certainly.
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Now Plato brings up a decent point that there's no measure without measure, how should a ruler do that without the laws, but like King James VI & I says the rulers themselves are a speaking law and some distribution of mind – I don't think a ruler should keep a policy the same – especially if it is not fundamental – for instance, Hobbes talks about not dieting the Commonwealth (which conservatives who talk about this neverchanging policy want to maintain at times):
>In the Distribution of land, the Commonwealth itself, may be conceived to have a portion, and possess, and improve the same by their Representative; and that such portion may be made sufficient, to sustain the whole expence to the common Peace, and defence necessarily required: Which were very true, if there could be any Representative conceived free from humane passions, and infirmities. But the nature of men being as it is, the setting forth of Public Land, or of any certain Revenue for the Commonwealth, is in vain; and tends to the dissolution of Government, and to the condition of mere Nature, and War, as soon as ever the Sovereign Power falls into the hands of a Monarch, or of an Assembly, that are either too negligent of money, or too hazardous in engaging the public stock, into a long, or costly war. Commonwealths can endure no Diet: For seeing their expence is not limited by their own appetite, but by externall Accidents, and the appetites of their neighbours, the Public Riches cannot be limited by other limits, than those which the emergent occasions shall require. And whereas in England, there were by the Conquerour, diverse Lands reserved to his own use, (besides Forests, and Chases, either for his recreation, or for preservation of Woods,) and diverse services reserved on the Land he gave his Subjects; yet it seems they were not reserved for his Maintenance in his Public, but in his Natural capacity: For he, and his Successors did for all that, lay Arbitrary Taxes on all Subjects land, when they judged it necessary. Or if those public Lands, and Services, were ordained as a sufficient maintenance of the Commonwealth, it was contrary to the scope of the Institution; being (as it appeared by those ensuing Taxes) insufficient, and (as it appears by the late Revenue of the Crown) Subject to Alienation, and Diminution. It is therefore in vain, to assign a portion to the Commonwealth; which may sell, or give it away; and does sell, and give it away when tis done by their Representative.
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What Hobbes means here is that it is insufficient to set apart some crown lands and permanently rely upon them: at times, new taxes are to be levied because sometimes the what is sufficient to maintain the public in the past is not what it is sufficient in the future, and regardless the whole commonwealth should carry the burden (since the strength of the entire commonwealth is there) and not a some royal estates for the king's natural person. So it isn't best to diet (like a food diet) when in some circumstances it will need more strength, but conservatives thinking in light of the rule of law want to also keep that stagnant at all times. –I could never see myself agreeing with that mentality, –I think even in light of succession law, that the sovereign still nevertheless has the capacity of pick his heir if he really thinks that his heir is incompetent (in the maxim, that the father of a family has power of life and death over his children and can make and unmake his sons), if the succession calls for it (which some monarchists will disagree with me about).
Archibald Kennedy
>There is, in every Family, a Sort of Government without any fixed Rules; and indeed it is impossible, even in a little Family, to form Rules for every Circumstance; and therefore it is better conceived than expressed; but perfectly understood by every Individual belonging to the Family. The Study of the Father or Master, is for the Good of the Whole; all Appeals are to him; he has a Power, from the Reason and Nature of Things, to check the Insolent, or Indolent, and to encourage the Industrious: In short, the whole Affairs of the Family are immediately under the Care or Direction of the Father or Master; and this is a natural Prerogative, known and acknowledged by every Man living, who has ever had a Family, or been any Ways concerned in a Family, in all Ages and in all Places. His Majesty, as he is our political Father, his political Prerogative, from the like Circumstances and Reasons, is equally necessary. And this political Authority has been allowed the supreme Director, in all States, in all Ages, and in all Places; and without it, there would be a Failure of Justice.
This sentiment here to absolute monarchists – this is the natural law, that Kennedy says is a natural prerogative – albeit flexible for circumstances that come to chance, this is what is seen as fundamental and consistent with sovereignty, that while there are fundamental laws, there is also flexibility when it is needed and that it is impossible form rules for every circumstance (*without needing to later redress things that happen by accident).