In recent days there has been some interest in the Jussie Smollett debacle – not the actual act, but the gross incompetence with which the matter was handled by the State Attorney’s office under the leadership of Kim Foxx. To summarize, Smollett was charged with 16 felonies. All charges were then dropped, in return for Smollett’s forfeiture of a $10000 bond and two days(!) of community service. The case was sealed. There was much outrage, whereupon it was claimed that the case was sealed “by mistake”, and was now being unsealed. Meantime, Ms Foxx, who had been (at the instigation of Michelle Obama’s chief of staff) talking to the Smollett family, and claimed to have recused herself from the case for that reason, now explained that she did not recuse herself “in the legal sense. What is shocking about all this is not just the stench of corruption emanating from the affair, but also the shocking level of incompetence of Ms Foxx and her office (I suppose we should be grateful if corruption is incompetent).
Here we point out that this sad state of affairs was foretold by Polybius some 2400 years ago. Polybius’ text (from Book 6 of his Histories) is included in its entirety below, but his main point is that democracy inevitably degenerates into mob rule (“ochlocracy”) and the only system that has any hope of stability is a constitutional republic (or monarchy), as practiced a little before his time by Sparta, and during his time by Rome. The founding fathers of the US understood this, but the big urban cities (including, very visibly, Chicago) are governed by, essentially, democracy in its pure form, and this is now visibly morphing into ochlocracy – Ms Foxx is clearly unqualified for her job, which is, ironically, as guardian of the law (judged paramount by Polybius). Her job is an elected one, and she was elected by what Polyibus would call “rabble”. Sic transit gloria mundi.
Here is Polybius’ text (ironically lifted from a University of Chicago web site):
II. On the Forms of States
3 1 In the case of those Greek states which have often risen to greatness and have often experienced a complete change of fortune, it is an easy matter both to describe their past and to pronounce as to their future. 2 For there is no difficulty in reporting the known facts, and it is not hard to foretell the future p273 by inference from the past. 3 But about the Roman state it is neither at all easy to explain the present situation owing to the complicated character of the constitution, nor to foretell the future owing to our ignorance of the peculiar features of public and private life at Rome in the past. 4 Particular attention and study are therefore required if one wishes to attain a clear general view of the distinctive qualities of their constitution.
5 Most of those whose object it has been to instruct us methodically concerning such matters, distinguish three kinds of constitutions, which they call kingship, aristocracy, and democracy. 6 Now we should, I think, be quite justified in asking them to enlighten us as to whether they represent these three to be the sole varieties or rather to be the best; 7 for in either case my opinion is that they are wrong. For it is evident that we must regard as the best constitution a combination of all these three varieties, since we have had proof of this not only theoretically but by actual experience, Lycurgus having been the first to draw up a constitution — that of Sparta — on this principle. 9 Nor on the other hand can we admit that these are the only three varieties; for we have witnessed monarchical and tyrannical governments, which while they differ very widely from kingship, yet bear a certain resemblance to it, 10 this being the reason why monarchs in general falsely assume and use, as far as they can, the regal title. 11 There have also been several oligarchical constitutions which seem to bear some likeness to aristocratic ones, though the divergence is, generally, as wide as possible. 12 The same holds good about democracies. 4 1 The truth of what I say is evident from the following considerations. p275 2 It is by no means every monarchy which we can call straight off a kingship, but only that which is voluntarily accepted by the subjects and where they are governed rather by an appeal to their reason than by fear and force. 3 Nor again can we style every oligarchy an aristocracy, but only that where the government is in the hands of a selected body of the justest and wisest men. 4 Similarly that is no true democracy in which the whole crowd of citizens is free to do whatever they wish or purpose, 5 but when, in a community where it is traditional and customary to reverence the gods, to honour our parents, to respect our elders, and to obey the laws, the will of the greater number prevails, this is to be called a democracy. 6 We should therefore assert that there are six kinds of governments, the three above mentioned which are in everyone’s mouth and the three which are naturally allied to them, I mean monarchy, oligarchy, and mob-rule. 7 Now the first of these to come into being is monarchy, its growth being natural and unaided; and next arises kingship derived from monarchy by the aid of art and by the correction of defects. 8 Monarchy first changes into its vicious allied form, tyranny; and next, the abolishment of both gives birth to aristocracy. 9 Aristocracy by its very nature degenerates into oligarchy; and when the commons inflamed by anger take vengeance on this government for its unjust rule, democracy comes into being; and in due course the licence and lawlessness of this form of government produces mob-rule to complete the series. 11 The truth of what I have just said will be quite clear to anyone who pays due attention to such beginnings, origins, and changes as are in each case natural. 12 For he alone who has seen how each form p277 naturally arises and develops, will be able to see when, how, and where the growth, perfection, change, and end of each are likely to occur again. 13 And it is to the Roman constitution above all that this method, I think, may be successfully applied, since from the outset its formation and growth have been due to natural causes.
5 1 Perhaps this theory of the natural transformations into each other of the different forms of government is more elaborately set forth by Plato and certain other philosophers; but as the arguments are subtle and are stated at great length, they are beyond the reach of all but a few. 2 I therefore will attempt to give a short summary of the theory, as far as I consider it to apply to the actual history of facts and to appeal to the common intelligence of mankind. 3 For if there appear to be certain omissions in my general exposition of it, the detailed discussion which follows will afford the reader ample compensation for any difficulties now left unsolved.
4 What then are the beginnings I speak of and what is the first origin of political societies? 5 When owing to floods, famines, failure of crops or other such causes there occurs such a destruction of the human race as tradition tells us has more than once happened, and as we must believe will often happen again, 6 all arts and crafts perishing at the same time, then in the course of time, when springing from the survivors as from seeds men have again increased in numbers 7 and just like other animals form herds — it being a matter of course that they too should herd together with those of their kind owing to their natural weakness — it is a necessary consequence that the man who excels in bodily strength and in courage will lead and rule p279 over the rest. 8 We observe and should regard as a most genuine work of nature this very phenomenon in the case of the other animals which act purely by instinct and among whom the strongest are always indisputably the masters — 9 I speak of bulls, boars, cocks, and the like. 9 It is probable then that at the beginning men lived thus, herding together like animals and following the lead of the strongest and bravest, the ruler’s strength being here the sole limit to his power and the name we should give his rule being monarchy.
10 But when in time feelings of sociability and companionship begin to grow in such gatherings of men, than kingship has struck root; and the notions of goodness, justice, and their opposites begin to arise in men. 6 1 The manner in which these notions come into being is as follows. 2 Men being all naturally inclined to sexual intercourse, and the consequence of this being the birth of children, whenever one of those who have been reared does not on growing up show gratitude to those who reared him or defend them, but on the contrary takes to speaking ill of them or ill treating them, it is evident that he will displease and offend those who have been familiar with his parents and have witnessed the care and pains they spent on attending to and feeding their children. 4 For seeing that men are distinguished from the other animals by possessing the faculty of reason, it is obviously improbable that such a difference of conduct should escape them, as it escapes the other animals: 5 they will notice the thing and be displeased at what is going on, looking to the future and reflecting that they may all p281 meet with the same treatment. 6 Again when a man who has been helped or succoured when in danger by another does not show gratitude to his preserver, but even goes to the length of attempting to do him injury, it is clear that those who become aware of it will naturally be displeased and offended by such conduct, sharing the resentment of their injured neighbour and imagining themselves in the same situation. 7 From all this there arises in everyone a notion of the meaning and theory of duty, which is the beginning and end of justice. 8 Similarly, again, when any man is foremost in defending his fellows from danger, and braves and awaits the onslaught of the most powerful beasts, it is natural that he should receive marks of favour and honour from the people, while the man who acts in the opposite manner will meet with reprobation and dislike. 9 From this again some idea of what is base and what is noble and of what constitutes the difference is likely to arise among the people; and noble conduct will be admired and imitated because it is advantageous, while base conduct will be avoided. 10 Now when the leading and most powerful man among the people always throws the weight of his authority on the side of the notions on such matters which generally prevail, and when in the opinion of his subjects he apportions rewards and penalties according to desert, they yield obedience to him no longer because they fear his force, but rather because their judgement approves him; and they join in maintaining his rule even if he is quite enfeebled by age, defending him with one consent and battling against those who conspire to overthrow his rule. 12 Thus by insensible degrees the monarch becomes a king, ferocity and force having yielded the supremacy to reason.
p283 7 1 Thus is formed naturally among men the first notion of goodness and justice, and their opposites; this is the beginning and birth of true kingship. 2 For the people maintain the supreme power not only in the hands of these men themselves, but in those of their descendants, from the conviction that those born from and reared by such men will also have principles like to theirs. 3 And if they ever are displeased with the descendants, they now choose their kings and rulers no longer for their bodily strength and brute courage, but for the excellency of their judgement and reasoning powers, as they have gained experience from actual facts of the difference between the one class of qualities and the other. 4 In old times, then, those who had once been chosen to the royal office continued to hold it until they grew old, fortifying and enclosing fine strongholds with walls and acquiring lands, in the one case for the sake of the security of their subjects and in the other to provide them with abundance of the necessities of life. 5 And while pursuing these aims, they were exempt from all vituperation or jealousy, as neither in their dress nor in their food did they make any great distinction, they lived very much like everyone else, not keeping apart from the people. 6 But when they received the office by hereditary succession and found their safety now provided for, and more than sufficient provision of food, 7 they gave way to their appetites owing to this superabundance, and came to think that the rulers must be distinguished from their subjects by a peculiar dress, that there should be a peculiar luxury and variety in the dressing and serving of their viands, and that they should meet with no denial p285 in the pursuit of their amours, however lawless. 8 These habits having given rise in the one case to envy and offence and in the other to an outburst of hatred and passionate resentment, the kingship changed into a tyranny; the first steps towards its overthrow were taken by the subjects, and conspiracies began to be formed. 9 These conspiracies were not the work of the worst men, but of the noblest, most high-spirited, and most courageous, because such men are least able to brook the insolence of princes. 8 1 The people now having got leaders, would combine with them against the ruling powers for the reasons I stated above; kingship and monarchy would be utterly abolished, and in their place aristocracy would begin to grow. 2 For the commons, as if bound to pay at once their debt of gratitude to the abolishers of monarchy, would make them their leaders and entrust their destinies to them. 3 At first these chiefs gladly assumed this charge and regarded nothing as of greater importance than the common interest, administering the private and public affairs of the people with paternal solicitude. 4 But here again when children inherited this position of authority from their fathers, having no experience of misfortune and none at all of civil equality and liberty of speech, and having been brought up from the cradle amid the evidences of the power and high position of their fathers, 5 they abandoned themselves some to greed of gain and unscrupulous money-making, others to indulgence in wine and the convivial excess which accompanies it, and others again to the violation of women and the rape of boys; and thus converting the aristocracy into an oligarchy aroused in the people feelings similar to those of which p287 I just spoke, and in consequence met with the same disastrous end as the tyrant. 9 1 For whenever anyone who has noticed the jealousy and hatred with which you are regarded by the citizens, has the courage to speak or act against the chiefs of the state he has the whole mass of the people ready to back him. 2 Next, when they have either killed or banished the oligarchs, they no longer venture to set a king over them, as they still remember with terror the injustice they suffered from the former ones, nor can they entrust the government with confidence to a select few, with the evidence before them of their recent error in doing so. 3 Thus the only hope still surviving unimpaired is in themselves, and to this they resort, making the state a democracy instead of an oligarchy and assuming the responsibility for the conduct of affairs. 4 Then as long as some of those survive who experienced the evils of oligarchical dominion, they are well pleased with the present form of government, and set a high value on equality and freedom of speech. But when a new generation arises and the democracy falls into the hands of the grandchildren of its founders, they have become so accustomed to freedom and equality that they no longer value them, and begin to aim at pre-eminence; and it is chiefly those of ample fortune who fall into this error. 6 So when they begin to lust for power and cannot attain it through themselves or their own good qualities, they ruin their estates, tempting and corrupting the people in every possible way. 7 And hence when by their foolish thirst for reputation they have created among the masses an appetite for gifts and the habit of receiving them, democracy in its p289 turn is abolished and changes into a rule of force and violence. 8 For the people, having grown accustomed to feed at the expense of others and to depend for their livelihood on the property of others, as soon as they find a leader who is enterprising but is excluded from the houses of office by his penury, institute the rule of violence; 9 and now uniting their forces massacre, banish, and plunder, until they degenerate again into perfect savages and find once more a master and monarch.
10 Such is the cycle of political revolution, the course appointed by nature in which constitutions change, disappear, and finally return to the point from which they started. 11 Anyone who clearly perceives this may indeed in speaking of the future of any state be wrong in his estimate of the time the process will take, but if his judgement is not tainted by animosity or jealousy, he will very seldom be mistaken as to the stage of growth or decline it has reached, and as to the form into which it will change. 12 And especially in the case of the Roman state will this method enable us to arrive at a knowledge of its formation, growth, and greatest perfection, and likewise of the change for the worse which is sure to follow some day. 13 For, as I said, this state, more than any other, has been formed and has grown naturally, and will undergo a natural decline and change to its contrary. 14 The reader will be able to judge of the truth of this from the subsequent parts of this work.
10 1 At present I will give a brief account of the legislation of Lycurgus, a matter not alien to my present purpose. 2 Lycurgus had perfectly well understood that all the above changes take place p291 necessarily and naturally, and had taken into consideration that every variety of constitution which is simple and formed on principle is precarious, as it is soon perverted into the corrupt form which is proper to it and naturally follows on it. 3 For just as rust in the case of iron and wood-worms and ship-worms in the case of timber are inbred pests, and these substances, even though they escape all external injury, fall a prey to the evils engendered in them, so each constitution has a vice engendered in it and inseparable from it. In kingship it is despotism, in aristocracy oligarchy, 5 and in democracy the savage rule of violence; and it is impossible, as I said above, that each of these should not in course of time change into this vicious form. 6 Lycurgus, then, foreseeing this, did not make his constitution simple and uniform, but united in it all the good and distinctive features of the best governments, so that none of the principles should grow unduly and be perverted into its allied evil, but that, the force of each being neutralized by that of the others, neither of them should prevail and outbalance another, but that the constitution should remain for long in a state of equilibrium like a well-trimmed boat, kingship being guarded from arrogance by the fear of the commons, who were given a sufficient share in the government, and the commons on the other hand not venturing to treat the kings with contempt from fear of the elders, who being selected from the best citizens would be sure all of them to be always on the side of justice; 10 so that that part of the state which was weakest owing to its subservience p293 to traditional custom, acquired power and weight by the support and influence of the elders. 11 The consequence was that by drawing up his constitution thus he preserved liberty at Sparta for a longer period than is recorded elsewhere.
12 Lycurgus then, foreseeing, by a process of reasoning, whence and how events naturally happen, constructed his constitution untaught by adversity, 13 but the Romans while they have arrived at the same final result as regards their form of government, 14 have not reached it by any process of reasoning, but by the discipline of many struggles and troubles, and always choosing the best by the light of the experience gained in disaster have thus reached the same result as Lycurgus, that is to say, the best of all existing constitutions.