In chapter 9 of book III of the Politics, Aristotle discusses the general relation between justice and the state. In the course of examining the relation of equality and inequality, Aristotle proposes that the state “exists for the sake of a good life, and not the sake of life only” (1279b31-32). Notice that the good is already predicated of the state in this statement, and it is because of this bias that Aristotle will conclude: “if life only were the object, slaves and brute animals might form a state, but they cannot, for they have no share in happiness in a life based on choice” (1279b33-34). Although happiness as an end for the virtuous life is one of Aristotle’s primary concerns, the emphasis on the choices that the political situation makes possible seems to conceal the fundamental lack of choices for the individual as well as the a priori nature of any state whatsoever. This assertion stems from Aristotle’s misunderstanding that the political arrangement of a state (whether constitutional or otherwise) has very little to do with the will or mood of the multitude, even if, in the last analysis, they are given priority in power because of their total quantity of property (cf. 1282a37-40).
In other words, since Aristotle theorized earlier that the state precedes any individual which would constitute it (just as the whole precedes the parts), it seems to be false that the state would only consist of individuals for whom life was founded on a choice. Moreover, when Aristotle claims that the state is a community of families whose goal is self-perfection and self-sufficiency, he seems to undercut the primordial character of the state that would subordinate families for its own ends (i.e. his previous position). More fundamentally, he also seems to negate his earlier statement that political life had anything to do with a choice. He writes: “Such a community can only be established among those who live in the same place and intermarry. Hence there arise in cities family connections, brotherhoods, common sacrifices, amusements which draw men together. But these are created by friendship, for to choose to live together is friendship” (1280b36-38 my emphasis). It then follows that our political environment is contingent and that friendship is only a choice in terms of choosing to live virtuously; only then could we call “living together” a choice, insofar as we choose not to live or strive against one another.
The concept of friendship, which is analyzed in depth in the Nicomachean Ethics, in relation to political choice can be better illustrated in reference to the pre-eminent individual (1284a10-15). The pre-eminent individual is a person whose excellence, especially in political affairs, overshadows that of anyone else. In fact, Aristotle admits that they are “God among men” and that “legislation is necessarily concerned only with those who are equal in birth and in capacity; and that for men of pre-eminent excellence there is not law—they are themselves a law.” In this sense, they are above the law simply by being at the very center of it. Men of this caliber may find it difficult to find friends because of a lack of equals suitable for them, but the important point is that the example of the man above the law logically leads to the counterexample, i.e. that of the ostracized man, the outlaw, those beneath the law (1284a34-36).
What is characteristic of these singular positions in society is the fact that they have nothing to do with a political choice, at least in the straightforward sense in which Aristotle presents his argument. If we were to agree that these positions could be characterized by choice, we would be forced to look at the more fundamental phenomena at work in the unconscious of the society as a whole. In other words, ostracizing someone from political life and incarnating them in the very fabric of the law constitute the extreme forms under which the balance of justice and friendship in the state come to take on their most dissymmetrical distributions of equality and inequality. But it is also here that justice as friendship, as the (anonymous) perpetuation of noble deeds in the absence of a telos, can illustrate the very inconsistency of the social bond (Badiou).