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Kasem Bundit Journal Volume 17 No. 2 July - December 2016

Aristotle’s Concept of Polity and Its Relevance to the 2550 B.E. Constitution of the Kingdom of Thailand

Pornthep Chantraniph 1

Abstract This research aimed to put forward the arguments for and against Aristotle’s concept of polity, in the context of the development of the ‘Greek’s City-’ as well as the relevance of Aristotle’s concept of Polity to the 2550 B.E. Constitution of the Kingdom of Thailand. According to Aristotle, the concept of ‘polity’ referred to the rule by the many for common interests. Polity distinguished rulers from the ruled based on their perfect virtues. The goal of Aristotle’s concept of ‘polity’ was not only to accomplish the best possible form of , but also to achieve the form of the best life. Meanwhile, polity was against totalitarianism by upholding a participation of the citizens and setting-up laws to limit the abuse of power and to ensure that any bad government could be deposed and replaced peacefully. As for as the relevance of Aristotle’s concept of Polity and its relevance to the 2550 B.E. Constitution of the Kingdom of Thailand, it was argued that almost all Aristotle’s key characteristics of polity are relevant to the 2550 B.E. Constitution of the Kingdom of Thailand.

Keyword: Polity, Aristotle, Constitution of the Kingdom of Thailand.

1 Lecturer, Faculty of Philosophy and Religions, Assumption University. S.C. General Trade Group Company Limited e-mail: [email protected]

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แนวคิดรูปแบบรัฐธรรมนูญของอริสโตเติลกับเจตนารมณ์ของรัฐธรรมนูญแห่ง ราชอาณาจักรไทย พ.ศ. 2550

พรเทพ จันทรนิภ 1

บทคัดย่อ บทความวิจัยนี้มีวัตถุประสงค์เพื่อน าเสนอ ข้อสนับสนุนตลอดจนข้อโต้แย้งของแนวคิด “โพลิตี้” ของอริสโตเติล ในบริบทการพัฒนา “นครรัฐกรีก” รวมทั้งการตรวจสอบและถกเถียงแนวคิด “โพลิตี้” ของ อริสโตเติลในประเด็นที่เกี่ยวข้องและสัมพันธ์กับเจตนารมณ์ของรัฐธรรมนูญแห่งราชอาณาจักรไทยปี พ.ศ. 2550 ในทัศนของอริสโตเติลแนวคิด “รูปแบบรัฐธรรมนูญของอริสโตเติล” คือ การปกครองโดยคนจ านวน มากเพื่อประโยชน์ส่วนรวม “รูปแบบรัฐธรรมนูญของอริสโตเติล” แยกแยะผู้ปกครองจากผู้ได้รับการปกครอง บนพื้นฐานคุณธรรมที่สมบูรณ์แบบ จุดหมายแนวคิดรูปแบบรัฐธรรมนูญของอริสโตเติลไม่ได้เป็นเพียงเพื่อให้ บรรลุรูปแบบที่ดีที่สุดของการปกครองแต่ยังเพื่อให้บรรลุรูปแบบของชีวิตที่ดีที่สุด ในขณะเดียวกัน “รูปแบบ รัฐธรรมนูญของอริสโตเติล” ยังต่อต้านลัทธิเผด็จการโดยสนับสนุนการมีส่วนร่วมของประชาชนและการ จัดตั้งกฎหมายเพื่อจ ากัดการใช้อ านาจในทางที่ผิดและเพื่อให้แน่ใจว่ารัฐบาลใด ๆ ที่ไม่ดีสามารถถูกปลดและ ถูกเปลี่ยนโดยความสงบเรียบร้อยและสันติ ในส่วนที่เกี่ยวข้องและสัมพันธ์ของแนวคิดรูปแบบรัฐธรรมนูญ ของอริสโตเติลกับเจตนารมณ์ของรัฐธรรมนูญแห่งราชอาณาจักรไทยปี พ.ศ. 2550 พบว่าเกือบทุก คุณลักษณะส าคัญของแนวคิดรูปแบบรัฐธรรมนูญของอริสโตเติลมีความสัมพันธ์กันกับเจตนารมณ์ของ รัฐธรรมนูญแห่งราชอาณาจักรไทยปี พ.ศ. 2550

ค าส าคัญ: การเมือง อริสโตเติล รัฐธรรมนูญแห่งราชอาณาจักรไทย

1 คณะปรัชญาและศาสนา, มหาวิทยาลัยอัสสัมชัน บริษัท เอส. ซี. เยเนอรัลเทรดกรุ๊ป จ ากัด e-mail: [email protected]

Kasem Bundit Journal Volume 17 No. 2 July - December 2016

Introduction particular group, but it is the right and Democracy has emerged and is desire of all communities. recognized to be the best model of government to govern a nation-state Background and Significance of the over other modes of government. Its Study foundations rooted in providing There is no the perfect form of citizens with equal rights and freedom, government on earth. And until this along with fair treatment. Thus, these day, no other form of government has traits are not evident in other political been invented that could regulate systems. A ‘democratic government’ is public affairs better than democracy. expected to ensure the protection of As Sir Winston Churchill (1874-1965), citizens from a despotic use of former British Prime Minister, on his political power that resorts to the use famous quote from his commenting of political power for self-gain. Modern on democracy in 1947 stated: “Many democracies could, therefore, be forms of Government have been tried, defined as the constitutional exercises and will be tried in this world of sin of to cater for the entire and woe. No one pretends that population of a state, represented by democracy is perfect or all-wise. the polled majority, whilst Indeed, it has been said that simultaneously taking into democracy is the worst form of consideration the rights of the government except all those other minority. As a governmental institution, forms that have been tried from time the democratic process is susceptible to time.” (Churchill, 1947) to vices such as promoting personal Democracy, in practice, a interests of the certain stakeholders, number of key questions is raised, instead of working Public interests. In such as: Is democracy the best form of reality, democratic government has government for all nations? Does gradually evolved from rule by the belong to the people or one (), to rule by the few the ruler? Does good constitution (oligarchy), until finally it has become dismiss moral principles? And must rule by the many (democracy). As governments respond to and adopt such, the seeds of the monarchy and the common benefit, and accomplish oligarchy are still present in the happiness and well-being of their democracy. However, democracy is citizens? These contentious and not the exclusive property of a sensitive questions need to be addressed, and are attune to the

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ethical behaviours of governments and Aristotle’s Concept of Polity political leaders. In and Nicomachean Today, there is an almost Ethics the best Aristotle proposed universal demand for good form of government. The principal government. In order to form a good objective of politics and statesman government, a virtuous ruler and a was to establish the best practicable good constitution are indispensable. regime. He classified the good and bad Aristotle’s concept of ‘Polity,’ as regimes by the ethical qualities of the written appeared in his universally holders of power. Aristotle merged famous work, Politics and politics with ethics and his political Nicomachean Ethics. His concept of thought is based on his virtue-ethics polity emphasized on the rule by the (Aristotle, NE., a and b). And thus, it is many, in the condition and rights of a not only to accomplish the best form citizen, for the common interest. And of government but it is also to achieve thus, polity was the best possible form a good life of the citizens, a life of government according to Aristotle. consisting of noble actions (Aristotle, This paper intends to investigate No date, b). Aristotle’s virtue-ethics whether Aristotle’s concept of polity is presented the doctrine of ‘mean’ as the best possible form of government individual’s moral standard to find and whether it still hold relevanc to meeting ground between two our contemporary understanding of extremes and it was likewise the basic democracy. tool in the form of “mixed regime” and “middle regime” in polity. Objectives of the Study Moreover, polity distinguished This paper looks at the concept rulers from the ruled based on their of polity in Aristotle’s Politics and virtues and the benefits of common Nicomachean Ethics, put forward interests. In Aristotle’s view that no arguments for and against Aristotle’s single class had the totality of valid concept of polity, and examine and claim to power, but each one could discuss the relevance of Aristotle’s have a claim that could be ignored concept of polity the framework of the because the position of power or 2007. sovereignty must be accorded to the law. Furthermore in polity, citizens were allowed to participate in political power, a balance of power and thus a

Kasem Bundit Journal Volume 17 No. 2 July - December 2016

duty of the citizens. Aristotle believed which significantly contrast with those that all forms of virtue were easier to of Aristotle. Both portray theories that practice in groups rather than assign too much negativity to the individually, and this supported the attitudes of human beings, as well as view that ‘a multitude’ could be an presenting negative aspects of human effective political agent. The sociality (Hobbes, 1958). Therefore, constituency of Aristotle’s concept of Machiavelli reiterated that goodness polity comprised key characteristics and righteousness were not sufficient namely, (1) Rule of Law by to achieve and maintain political Constitution, (2) Common interests, (3) activity. For him, a ruler should be Participation of all citizens in ruling, (4) feared in his securing of power instead Constitution and laws, (5) Mean is the of being virtuous (Machiavelli, 1985: moral standard to prevent extremes, 60). He believed that the proper and (6) Public and proper education application of power could make for all citizens Besides, the assurance individuals obey and the ruler was of the state prosperity and the able to maintain the state in safety preservation of its constitution were and security. based on not only well organized of According to Aristotle’s view, the ruler only but also need to be Machiavelli’s model of a principality based on an educational framework could either be monarchy or tyranny for too. Thus, education has an elemental a monarch had the potential to become responsibility to preach the gospel of a tyranny - the worst form of “the common good”. government (Aristotle, Nodate, b). A prince should be guided to maintain Arguments against and for Aristotle’s power regardless of any moral law but Polity to focus only on the result, in other Aristotle’s polity asserted that words, the end justified the means. absolute sovereign and totalitarianism The highest goal of the prince was to were the forms of regime which did remain in power which was in contrary not act within the best interests of the to Aristotle. For Aristotle, the highest citizens of a state, but, in fact, acted goal was to seek happiness through only for the rulers themselves. The the development of ethical virtues. political theories of Niccolo Machiavelli Aristotle focused on the necessity of and Thomas Hobbes put forth views on virtue in attaining the result, i.e, the the nature of the state and human means justifies the end. In Aristotle’s beings and their forms of government view, totalitarianism could not

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maintain long stability. He believed not imply a State of War. Thus, for that both ruler and citizens’ virtue and Aristotle, Natural State was not a State common interests had to come before of War but in fact it was a State of self-interest. Peace. Hobbes misunderstood the Hobbes also argued that State of Nature in his view on human absolute monarchy was the best form nature, therefore, his main aim was to of government and the only form that give the sovereign absolute power could guarantee peace and to prevent over its subjects. Aristotle responded the dissolution of society into civil war to Hobbes’ model of absolute – the state of nature. His State of sovereign by criticizing his model that Nature was that man was in the State there was no dimension to the rights of War – man against man (Hobbes, or liberty of the subjects, instead, they 1958: 106). The only way to were defined strictly in terms of power overcoming the State of War was to and punishment and order. For secure peace and security in civil Aristotle, citizens must have the rights society. This argument led to his to administer and to criticize the conclusion that the sovereign should government if the polity was to be absolute and possessed the function properly for the common ultimate power. Therefore, he interest of the whole. advocated all the members of society However, both Machiavelli and submit and empowered the absolute Hobbes’ political theories of sovereign whose reign was absolute government cannot be practical in and permanent to run the government reality, for the people cannot have the and to determine all laws (Hobbes, liberty to disobey. They are bound to 1958: 142). Thus, obedience to the obey the laws set for them not by sovereign was directly tied to peace in them or, the ‘rule by law’ that all realms. benefits only the sovereign. Both Aristotle asserted further that Machiavelli and Hobbes pave the way the state arose out of a utilization of to power centrality which in turn human nature, in that human nature is enhances arbitration, dictatorship, and social and cooperative under Natural totalitarianism. An absolute sovereign Law. Humans were naturally rational and totalitarianism are unconstitutional. creatures whose rational capacity was Such governments think of themselves Natural Law. Besides, the absence of as being above the law, and therefore government in a State of Nature did see no necessity to separation of powers

Kasem Bundit Journal Volume 17 No. 2 July - December 2016

or a participation process. Good The researcher intends to constitution provides a foundation of examine Aristotle’s concept of polity well-being for the majority of people in relations to the 2007 Constitution of in society as it aims for the common the kingdom of Thailand in four main interest and take state towards virtue aspects. (Somkit, 2007): and happiness. Law enforced by such 1.To protect, promote and a government helps make citizens expand the rights and freedoms of the good and just. Hence, Aristotle people. repeatedly said that in Politics that 2.To reduce the monopoly of different kinds of constitution involved state power, elimination of illegitimate different conceptions of justice acts of power abuse, and foster the (Aristotle, n.a., b) but only under the empowerment of the people. correct forms of constitution would we 3.To emphasize political find justice. transparency, morality and ethics. In the researcher’s opinion, 4.To ensure that audit Aristotle’s concept of polity, is the organizations and systems have form of government which brings independence, strength, and are able stability to the ruler because the to monitor the efficiency of citizens have the right to participate government bodies and administer in the government in The above intentions of the that, the participation of the citizens 2007 Constitution are to prevent the are the most appropriate way to monopolization of power, to create prevent a totalitarianism. Polity the greatest social benefit, and to protects basic human rights and holds safeguard the interests of the Thai rulers accountable for their actions. peoples. In the researcher’s opinion, Moreover, Aristotle’s concept of polity the 2007 constitution the kingdom of addresses ethical issues and political Thailand is consistent with Aristotle’s issues which adhere to a ‘rule of law’ concept of polity as follows: safeguarded by the constitution for the 1)The basis of ‘common common interest of the country. interests’ as a whole together with ‘public and proper education for all The Relevance of Aristotle’s citizens’ are relevant in accordance Concept of Polity to the 2007 with the first intention to protect, Constitution of the Kingdom of promote and expand the rights and Thailand freedoms of the people.

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2) “Rule of Law by Constitution” asserted in her paper that participation and “the participation of all citizens in did make for better citizens. What ruling” are relevant in order to prevent Mansbridge did credibly note was that reduce monopoly, the state power, participation offered experience which and unjust power. permitted personal change, especially 3) “Constitution and laws concerning character building enhance the virtuous” and “the (Mansbridge, 1995). And at the same participation of all citizens” are time, political participation built relevant in accordance with the third “collective wisdom” that helped to intention which is to emphasize enhance better and more just leveraged political transparency, decision-making. This view was morals and ethics. supported by Jeremy Waldron (1995) 4) “The participation of all who maintained that a greater variety citizens in ruling” is relevant in of contributors could produce a better accordance with the fourth intention result, and from the diverse which focuses upon the auditing of knowledge of the whole group there organizations and systems which have could emerge the “widest possible independence and strength, as well as acquaintance with the pros and cons,” efficiently working independently. which rerulted in the best possible Therefore, almost all of the key decision (Waldron, 1995; 1999). characteristic elements of Aristotle’s However, one of the key concept of polity are relevant to the characteristic elements that “the four main intentions of the 2007 mean is the moral standard to prevent Constitution of the Kingdom of extremes” is not relevant to the 2007 Thailand. In addition, the researcher Constitution’s intentions. finds that ‘the participation of all citizens in ruling’ as a key element is Aristotle’s Concept of Polity and most relevant to those four intentions Thai Politics. of the 2007 Constitution of the As outlined above, the intentions Kingdom of Thailand. Thus, of the 2007 Constitution of the participation by the people is the key Kingdom of Thailand are closely to success in good government. aligned with the key elements and Moreover, Jane Mansbridge (1995), characteristics of Aristotle’s concept of professor of sociology and political polity. Regarding the advantage of the science at Northwestern University, key element, mean is the moral

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standard to prevent extremes. It the concrete action, the government government and administration and needs to build a correct set of norms enable them to respond in a balanced and a governing culture. The and appropriate way whenever administration of a country must extreme issue or conflict occurs. utilize what will bring the highest Moreover, Thailand is a Buddhist benefits to both the people and the country and Buddhism emphasizes country. Therefore, the following “middle way,” there is somewhat guidelines are recommended if a similar to Aristotle’s doctrine of mean. government is to fruitfully implement Furthermore, H. M. King Bhumibol the concept of polity and in concrete Adulyadej of Thailand stresses a ways. “Sufficiency Economy” as the 1)Stimulate its citizens to overriding principle for appropriate increase their political participation at conduct and a way of life at all levels: every level of government individual, family and community organizations. Such stimulation and (NESDB, 2007: 5-6). Additionally, the encouragement will lead to political frame of the Constitution could apply diversity and strengthen the society, such a “mean” when writing and wherein the people will seek and amending the Constitution so that the discuss information which can make Constitution of the Kingdom of them more knowledgeable and alert. Thailand would be moderate and Such alertness from the general create a balance of power between populace will lead to supervision of the rich, the middle-class, the poor, politicians’ behavior and more control and those who hold completely over corruption and misuse of power. contrasting principles. Apart from this, 2)Decentralization of power. The the government can apply “mean” to structure of a new public the formulation process of public administration must clearly separate policies in order to make a policy just, the powers from responsibility at every transparent, and accountable as well level of government agencies and as responding public interest. local authorities. Activating and Nevertheless, the intentions of empowering citizens and civic groups the 2007 Constitution of the Kingdom to achieve an appropriate balance of of Thailand are stated only writing, it is power between citizens and up to the government to implement it government. through concrete action. In order to 3)Government operations must implement such ideals through be open to disclosure, be straight

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forward in their actions and be ready and it is one of the main for scrutiny. When the general responsibilities of the government. For populace enters more proactively into the more developed countries, its political participation the government people require quality of life. A should provide checks and balances in participation process in the their exercise of power. The state must government of a country, in fact, operate transparently and in a straight requires human development. forward manner, by following clear Education is the first priority for human regulations and being motivated and development but, simultaneously, directed primarily by the interests of morality is also important. One who the country. Finally, corruption, misuse has a quality education but lacks of of power, as well as connections and morality will cause more problems networks interests not pertaining to and thus, be more harmful than the best interest of the country be advantageous to society. The eradicated. government must set up policies that 4)Make tangible improvements support the teaching of morality, by providing citizens with training ethics and honesty through courses on “citizen participation in educational procedures. Educational politics” to increase and strengthen institutions, at all levels, must improve citizen participation. Doing democratic their curricula concerning morals and governance work requires informed ethics, and cultivate moral and ethical and active citizens who understand teachings that are appropriate to how to voice their interests, act learners of different ages. True collectively and hold public officials democracy is dependent upon the accountable. Citizens should quality of its citizen, and the quality of understand the basis of citizenship, the citizen depends upon the politics and government. They need intellect. Therefore, such action will the knowledge to make decisions ensure a better quality of people who about policies and the proper use of will carry morals and ethics into the authority, along with the skills to voice future. their concerns, act collectively and Contemporary democracy in hold public officials accountable. Thailand is a representative democracy 5)Human development. The – a system of government in which all human development issue is one that eligible citizens vote for citizen is unavoidable in contemporary times representatives to form a government,

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administrate and to pass laws for the power so as to ensure the rights and benefit of the whole nation. Sovereign benefits of people while being wary of power is in the hands of personal and crony benefits. Therefore representatives who are selected by the government should not govern eligible citizens in elections. However, with desires, passions, and selfishness, the problem or question remains of but instead decide what society needs whether the elected representatives or what can be done for public do, in fact, act for the common interests and the happiness of its interest of the nation or not. Indeed, people. The government must adopt some critics argue that the true standards of good practices, as the function of representative democracy shining model, for the benefit of the is to legitimize oligarchical rule instead whole. of true democracy. For this reason, In the complexity of today’s citizens’ participation is an important world, many countries try to promote tool to strengthen democracy – as their extreme democracy to be a good well as to build accountability of the democracy by giving more participation, government and also encourage virtues, and morality to the rulers and priority of justice and public good. the people. Therefore, Aristotle’s concept of polity is currently highly Summary: relevant in order to enhance There are different kinds of accountability, and transparency in the democratic governments in today’s government, as well as to prevent world. A constitution is not merely a totalitarianism by means of citizens’ document introduced by authoritarian participation process. In addition, regimes to justify arbitrary rule. The Aristotle’s political thought is based on true constitutional government rests virtue-ethics; in that he wants to prevent on the sovereignty and the rule of law the outbreak of violence by basing his to serve the common interest of the political principles upon morality aimed country. Hence, any government’s at finding happiness through ethical fundamental role is to protect citizens virtues. from the despotic use of political

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References Aristotle. (n.a.,a). The Nicomachean Ethics, Translated by W.D. Ross. In The Basic Works of Aristotle, edited by Richard McKeon (2001), University of North Carolina at Chapel Hill. ------. (n.a.,b). Politics, Translated by Benjuamin Jowett. In The Basic Works of Aristotle, edited by Richard McKeon, (2001), University of North Carolina at Chapel Hill. Churchill, Winston. (1947). Hansard Transcripts of the Parliament, Nov. 11. Hobbes, Thomas. (1958). Leviathan, New York: The Liberal Art Press ING. Machiavelli, Niccolo. (1985). The Prince. Translated by Harvey C. Mansfield, Jr., Chicago: The University of Chicago Press. Mansbridge, Jane. (1995). “Does participation make better citizens?”. The Good Society. Penn State University Press, 5 (2. NESDB. (2007). “Sufficiency Economy Implications and Applications”, Bangkok: Sufficiency Economy Movement Sub-committee. Waldron, Jeremy. (1995). The Wisdom of the Multitude: Some Reflections on Book 3, Ch. 11 of Aristotle’s Politics. Political Theory. ------. (1999). The Dignity of Legislation. Cambridge, New York: Cambridge University Press. 92-123.