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CHAPTER V.
.
organisation of oligarchic government.
§ 39. General Principles of Oligarchic Government.
the necessary elements in a government are defined by Aristotle to be the deliberative (a term which would include both council and assembly), the magisterial and the judicial1. Modern theory looks more to the functions of government than to those who exercise them, and Bluntschli for example enumerates Legislation, Administration, and Judicial power; he explains ‘that Aristotle calls his first element deliberation’, not legislation, because legislation proper was not exercised by the popular assemblies until late and only indirectly, while their deliberations were important*.’ Of course legislation was not so important in the Greek states as it is in the
1 Pol. vi 14 1297 b 37 rt> ftovev6fui>oi’ irepl rS>v xoiviav, ri> repl rAs dpx<U- These are /tuSpia t&v roXtreiui’. In vi 4 1291 a Aristotle, in enumerating the eight n&pia of a city, mentions i-A lurixov 5ncaio<n5njs 81-KOffTiKTJi, r6 ftovev6fji€vov and r6 SrifuovfryiKbv xoZ r6 irepl r&s apx^f Xetrovp-yow. In iv 9 1329 a 3 the elements of government are described more vaguely as to ^ovevii/uvov *epl tuiv ffviupepbrnav xal KfXvov irepl run SuccUuv (cf. ib. 1328 a 23 and iii 1 1275 b 18). Thuc. vi 39 opposes ftovXeuircu and
UKU.
1 Theory of the State (Engl. Trans.), pp. 484—8.