Pages

Showing posts with label Bartolus. Show all posts
Showing posts with label Bartolus. Show all posts

Sunday, September 11, 2011

Essay on Tyrants

The word ‘tyrant’, like the word ‘dictator’, originally has a respectable Ancient Greek origin, and tyranny, according to Plato, is a justifiable form of government because serving the end of self interest is better than the chaos other governments might create. Tyranny would bring a semblance of order .Also, a tyrant is someone who has established his merit by having usurped the position of the ruler in the first place, and a monarch is merely born into royalty, and his merit is not taken into consideration. However, Aristotle, whom Bartolus draws on for many of his arguments and discussions considering tyranny, disagrees. The proper end of a good government is the pursuit of the good life, and under a tyrant, this is impossible, because he would serve his own interests rather than the interests of the people. Tyranny, therefore, is an anomalous form of political association because the very purpose of a government is not served. Arguements about whether tyranny was an advisable form of rule were revived in fourteenth century Italy because, as Bartolus says towards the end of The Treatise on City Government, ‘.. Italy today is full up with tyrants’. The fourteenth century was an extremely turbulent period for much of Europe, with The Black Death, the Hundred Years’ War, and, more importantly for Italy, the Babylonian Exile of the papacy in Avignon. For Italy, the fourteenth century was a period of political instability and insecurity because the retirement of the papacy signaled the independence of a number of local powers but these were fragile, and the city of Rome fell into deep neglect and decay. This is what Bartolus refers to, when he says that the worst form of government was the one Rome was then facing. ‘where there are many tyrants in different areas, so strong that none can overcome the others. There is also a common government over the whole city, so weak that it can do nothing against any of those tyrants, nor against any of their adherents except insofar as they are willing to suffer it’. This form of government Aristotle does not mention at all, because it is too ‘monstrous’ to be thought of. This, then, was the sort of tyranny that Rome was experiencing, and we may recall that most modern dictatorships have passed through some similar phase of establishing themselves: a weak government is the bedrock of a tyranny, or a dictatorship. Bartolus dismisses Rome, ‘the head of politics’, as having no government at all. His definition of a tyrant – a one-man government inclined to pursue merely bad or personal ends- is drawn from Aristotle, whose ‘Politics’ he refers to constantly. Tyranny, however, does not always have to be a one-man oppressive, or neglectful, regime, because all forms of governments are vulnerable to perversion, and ‘every bad kingship can be called in common parlance a tyranny’. This is similar to Locke’s argument against the Divine Rights of Kingship, where he says that ‘tyranny is the exercise of power beyond right….. not for the good of those who are under it, but for his own private, separate advantage.’ Bartolus mentions also, that the worst form of tyranny is the rule of one despot, because the rule of several tyrants always decays to the rule of a single tyrant.
Although Bartolus was referring to Roman tyrants, his concept has been validated again and again, when the reign of Terror gave way to Napoleon Bonaparte and when the weak governments of a post First World War Germany and Italy encouraged the growth of modern dictatorships.
A good king, according to the Deuteronomy, is ‘faithful, Christian, just, neither overweening nor one who burdens his people, no lover of luxury, neither greedy nor proud.’ This fact is used by Bartolus to strip the monarchy of any claims to any form of divinity, because these lines are proof of the fact that God was displeased with the idea of there being any form of King at all. This is also one of Aristotle’s arguments against monarchy – that it creates a Master to Slave system, and the Deuteronomy, which Bartolus quotes, says that a king ought to treat his subjects as his brothers, and not his slaves. A king, therefore, may not possess more than his needs, womanize, lead his people into slavery, or be proud. This not only clarifies the religious authority of the ruler( he is supposed to have none ) but also touches on a conventional method of despots : taxation. He may only impose taxes out of necessity, and one who ‘overburdens’ his subject may be called a tyrant. However, one could also be termed a tyrant if one indulged oneself on any account. It is for all these reasons that the Roman Senate has been traditionally revered, and Bartolus, too, thinks it advisable for a king to have with him ‘counsellors and powerful men’, because in that case, it would be difficult to corrupt the king if the entire council were not corrupt. But if the king used his head alone, he would be a tyrant.
But the three forms of tyranny there could be – the tyranny of the people, the tyranny of certain people, and the tyranny of one person- operates on a more complex level when one ruler is ruling and another is the judge, ‘such as the praesides provinciarum and the proconsuls. There are also podesta and civic rectors.’ , to quote Bartolus. The sort of tyranny fourteenth century Rome was facing was on a provincial level, when local powers were being cruel, or merely neglectful, where the government could be blamed for being too weak to resist these powers. Tyranny was an important issue for political philosophers because the conditions of Rome were likely to invite trouble from outside, and there was an absolute lack of law in the city.

Essay on Tyrants: Bartolus's Treatise on City Governement

Bartolus of Sassoferrato, the leading jurist of the fourteen century of Italy, devoted the Treaties on City Government to evaluate the ways of ruling a city. His concerns were with the law and the persons of the rulers of the city. His series of political comments were based on identifying the suitable form for his city. To argue about that, he followed the doctrines of Aristotle in Politics by unfolding the several forms of ruling a city. By defining Democratic, oligarchy, kingship and others, he tried to solve the internal weaknesses of the Italian city republic. In the filtering process, he pointed out the advantages and disadvantages of the policies of the forms of political systems. Finally he concluded, “A tyrant is the worst of all of the forms of government.” His definition included, “every bad kingship can be called in common parlance a tyranny, namely the tyranny of the people, the tyranny of certain people, and the tyranny of one person.”
Tyranny has been one of the most emphasizing points in his writing. To elaborate all the political system he used the negative approach of tyranny to highlight the actual consequences of the systems with respect to the populace of the cities. He argued in favor of kingship, senate and republic form of government in cities with largest, larger and large population respectively. He cited examples of the city of Florence, Rome, Pisa in favor of his argument. He termed the existing form of government of Rome to be the worst, where, ‘there are many tyrants in different areas, so strong that none can overcome the others.’ He also stated it to be monstrous thing. He mainly favored the republican form of government for Italy as he claimed that the city of Rome grew to greatness under republic. He reminded the distrust for Julius Caesar to illustrate the condition under supreme power of emperor and regime of tyranny.
On his Tract on Tyranny (De Tyranno), he finally explained the origin of the word and the characteristics of tyrants. These included destruction of rivals, banishment of wise men, ruin of study and education, prohibition of private associations and lawful public meetings, maintenance of informers, impoverishment of citizens to keep them supine, use of foreigners as personal bodyguard, provocation of wars abroad to weaken internal resistance at home. He also referred to instances where Pope or Emperor confirmed a tyrant's rule, as did Clement VI and Emperor Charles with the 'tyrants of Lombardy.' He classified types of tyrannies: they were open or manifesti, disguised or velati, concealed or taciti. The first were subdivided into the tyranny arising from defect of title (ex defectu tituli), as in the case of usurpation or conquest through aggression) and the tyranny arising from misconduct on the part of a legitimate ruler (ex parte exercitii).
While sorting the perfect ruler for the city, he evaluated the opinions of Aristotle and Aegidius. According to him, the ideal king must be ‘faithful, Christian, just, neither overweening nor one who burdens his people, no lover of luxury, neither greedy nor proud.’ Therefore the concept of tyrant also acted as contrasting foil. The distinction between the two ideas can be judged through the instances of Tarquin, Phalaris, Dionysius of Sicily or Saul of Jadaca. Bartolus also extracted the cases of city of Siena, Pisa, Perugia, Florence and Venice. He concluded republic form to be suitable. The history of Rome supported his view and regained the position of Cicero and Cato as the paragon of civic virtue, who tried to preserve liberty of the republic from the onrush of tyranny. He also referred to the Corpus Luris, Scriptures, Giles of Rome, Gregory I and Aquinas.
The classical definition for tyranny is therefore the regime in which the ruler aims at his own advantage over the welfare of his people. The same ideas were revised by Marsiglio of Padua, Chaucer and many others. The concept of tyranny always came as negative approach while defining ruler. The Christian concept also came side by side with it. Man is inherently sinful. The political management of this sociality thus allowed restricting interest in crime. The tension between the doctrines of kings and tyrants was in part of legacy from twelfth century. It represented the struggle between the empire and papacy. The biblical examples strengthened the assumptions. He modified the ideas of the classical scholastics by terming it as monstrous.
He also verified the possibility of the rightness of kingship with reference to Prophet Samuel’s preaching. According to the words of God, it seemed worst to be ruled by kings because they would misuse power and encourage slavery. But these qualities indicated the uprising of tyrant. Therefore Samuel predicted, “This shall be the law of the king who will rule over you.” Another preventive idea emerged as relevant, that one must be made king by another, rather than assuming the kingship on one's own authority. He elaborately described the condition of a city under the rule of tyrant as well. When virtue unites for a bad thing, the result is worse and similarly tyranny is the worst principate. The social harmony, equality and peace got hampered under monstrous regime. The welfare and progress ceased to function. Bartolus pointed out that several bad men were less harmful than a single tyrant, as in the course of action they lost their ground and turned into a one-man tyranny. At the end he concluded by affirming the rule of tyrant in a city as God’s own will as it is written: "He who makes a hypocrite to rule, for the sins of the people," Job 34.
The main focus of the rhetorical writer was to determine the range of good qualities of the ideal ruler by contrasting with the concept of tyranny. The intention was to bring out the true nobility of the ruler and their genuine devotion for general welfare. The manifestation of the idea of tyrants is advocated in both the works with great concern to emphasize the sovereignty.
ARATRIKA ROY.
PG-I, ROLL-24.