Principium Volume II, Book 11, Quote 1154, 1156, and 1157

1154. (1-5-2011) …when government is not in the laws, then there is no free state, for the law ought to be supreme over all things. (-Aristotle, 385-323 BC – Politics) If we add to this the following passage in the “Rhetoric,” we have indeed a fairly complete statement of the ideal of government by law: “It is of great moment that well drawn laws should themselves define all points they possibly can, and leave as few as possible the decisions of the judges, [for] the decision of the lawgiver is not particular but prospective and general, whereas members of the assembly and the jury find it their duty to decide on definite cases brought before them.” (- Aristotle – Rhetoric)

- Friedrich A. Hayek – The Constitution of Liberty, 1978


1156. (1-6-2011) How fundamental these conceptions (insonomia, government by law)ATJ remained for the Athenians is shown by a law to which Demosthenes refers in one of his orations (“Against Aristocrates”) as a law “as good as ever law was.” The Athenian who had introduced it had been of the opinion that, as every citizen had an equal share in civil rights, so everybody should have an equal share in the laws; and he had proposed, therefore, that “it should not be lawful to propose a law affecting any individual, unless the same applied to all Athenians.” This became the law of Athens. We do not know when this happened – Demosthenes referred to it in 352 B.C.

- Friedrich A. Hayek – The Constitution of Liberty, 1978


1157. (1-6-2011) (Unlike the congress or president’s actions of today, consider this)ATJ At no time was it legal [in Athens] to alter a law by a simple decree of the Assembly. The mover of such a decree was liable to the famous “indictment for illegal proceedings” which, if upheld by the courts, exposed the mover to heavy penalties.

- Arnold Hugh Martin Jones – Athenian Democracy, 1957

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