Why Legislate?

In Aristotle there, practice philosophy or "human philosophy" is equivalent to the "politics", its theme and the premise is the behavior of people, to aim at some good. This article attempts to reveal the ethical foundation of Aristotle's legislative thoughts from the teleology.Every art and every inquiry, and similarly every action and pursuit, is thought to aim at some good, the ultimate aim is to the chief good, it has the characteristics of the most perfect and self-sufficiency. For human, happiness is the chief good that people desire or the final end of human activities. And the function of man, in Aristotle there, is defined as an activity of soul which follows or implies a rational principle. Therefore, the meaning of happiness is good and noble performance of human's essential activity, namely the activity of soul in accordance with its virtue.On the one hand, "man is the only animal with logos", and "man is by nature a political animal." People may found the probability only in the state to achieve justice,good and eventually get happiness.Outside the state,he must be eihter a god or a beast.On the other hand, although the state comes into existence, originating in the bare needs of life, and continuing in existence for the sake of a good life. A state is a body of some citizens.The happiness of a state is similar of a single man.Its most fundamental one lies in the practice of good.Overall,the good is the same for both a single man and a state,and the best life, both for individuals and states, is the life of virtue.But compared to obtain good for a single man,it is more noble, more sacred for a state.The soul is divided into two parts on the whole,one with a rule or rational principle and one without.Corresponding to the soul's rational part,their virtues are divided into virtues of character and virtues of intellect.Intellectual virtues include wisdom, understanding and prudence,and in the main owes both its birth and its growth to teaching.Prudence is not only related to common knowledge,but also particularly important with specific experience.And liberality,temperance,magnificence,pride,courage and so on ,belong to moral virtue.Moral virtue is not inherently or potential ability, but a state of character;by states of character the things in virtue of which we stand well and deal with in a mean.In another word,he admits of a mean while dealing with these activities and passions.Moral virtue, then, is a state of character concerned with choice, and is closely related to human activities. To obtain good, intellectual virtue and moral virtue work together.The first one determines the end and the other makes us do the things that lead to the end.The sameness of the state is determined by the sameness of constitution.The constitution is the basis of all political organizations, including the arrangement of office, citizen's virtue, law,and so on.Different regimes and their basis or spirit or justice idea or purpose is different .However,there is absolutely and totally justice idea,in the best form of state to lead the best life and promote the good for a citizen and a state.The regime's aim decides the citizen has also decided both the citizen's virtue and way of life.Virtue of a good man and of a good citizen is not the same thing, neither necessarily the same. Based on the experience of life,Aristotle pointed out that the virtue of a ruler is the same as of a good man.The stational rule is a constitutional relationship and is formed by free man. In the best form of regime, a good citizen should have virtues both of dominating and being dominated.Every citizen is a good citizen, and a good man too.The virtue of the two is the same.A state's principle is justice, and justice is the basis of building social order. Laws derivatives from justice, and are made according to specific regime;if the good of the state means a life of virtue, law is to promote the public interest, and to serve the good of the state; then law-abiding (to comply with the law) is the performance of people's living in a better life. An action required by the virtue entire is basically required by law. Because law requires us to implement all virtue, while forbidding us executing any evil.A perfect state should be provided with specific material conditions, but it depends on fate, and we can only obey the destiny; But its good ,which is in the area of human's knowledge and will,depends on legislator's legislation.Legislator should know how to obtain good for the state and how to make each citizen better.A legislator is able to create good control by good laws, which makes people better,if he has the prudence of legislation,that he becomes master of "politics" of the universal, knowing what kind of life and how to live.There are three ways to be made good:by nature, by habituation,by teaching. Nature's part, is a result of some divine causes,while argument from teaching is not powerful with all men,but for most people, they can be made good generally from the good habits.If men live in accordance with a sort of right order, provided this has force,then they can be well trained and habituated, and become customary,in accordance with the virtue of soul's ration, he could live in a life of virtue. To understand Aristotle's legislative idea, we must look into his ethics thought to find out his discussion about humanity.His legislative thought doesn't just relate to his profound insights into human nature, but from the discussion about the origin and continuing of the state,as well as the discussion about the original meaning and function of the law and the educational system,Aristotle finds out the meaning and significance of a person's life essence and life. Here, we must pay attention to ,that the essence and meaning of a human being are from being a part of the state, and in this sense, the state is prior to the individual.