The Roman Empire

Romans Contribution to political thought Law & Administration –Flexibility of Roman law (Republic, Empire, recuperated after the 15th century to sustain Absolutist rule, inspired most legal systems in the West) Public/Private realms

Polybius’ interpretation

Roman Republic (509 B.C. to 44 or 31 B.C.): Main Institutions In 88 B.C. Sulla disempowered the popular assemblies (ex: created a judiciary)

Cicero ( B.C. ) Born in a wealthy but plebeian family (landed gentry) Studied philosophy (Athens & Rhodes B.C.) and law in Rome Influenced by the Greek philosophers and Stoicism Looked back into the past thinking of how to restore the Republic (which was collapsing under the expansion of the Empire) Aristocrat against popular rule and the democratic party Celebrated “moderation, concord, and constitutionalism”… But did not necessarily practice them (ordered the irregular execution of Catiline and other leaders of the democratic party, had for himself a group of bodyguards that were not allowed in Rome) 75 B.C. Quaestor in Sicily (quaestors supervised state finances and got seats in the Senate) 69 B. C. Aedile 66 B. C. Praetor 63 B. C. Consul 62 B. C. Cicero testifies against Clodius (democratic leader) 58 B. C. Cicero is sent into exile (goes to northern Greece) 57 B. C. Recalled from exile 51 B. C. Proconsul of Cilicia (until middle of following year) De Republica, De Legibus 43 B. C. Cicero (and Quintus) proscribed and killed

Works Laws (De Legibus) and the Republic (De Republica) –Book VI (Scipio’s dream while being in Africa) Many Discourses –Cicero’s discourses are still a classical reference in rhetorics judicial genre (accusing and defending) deliberative genre (the genre of parliamentary and popular politics) demonstrative genre (ceremonies) Cicero Homepage

Philosophy + Law Men are naturally gifted for virtue (but) Virtue needs to be practiced/used, and “its noblest use is the government of the State, and the realization in fact… of those very things that the philosophers… are continuously dinning in our ears. For there is no principle enunciated by the philosophers—at least none that is just and honourable—that has not been discovered and established by those who have drawn up codes of law for States.” (131)

Turning virtue & wisdom into law: “Therefore the citizen who compels all men, by the authority of magistrates and the penalties imposed by law… to follow [the philosophers’] rules… must be considered superior even to the teachers who enunciated these principles. For what speech of theirs is excellent enough to be preferred to a State well provided with law and custom?” (132)

The philosopher/the statesman “For if the philosophers are repaid for the dangers of travel by the knowledge they gain, statesmen surely win a much greater reward int he gratitude of their fellow- citizens.” (132)

(Against Epicurean) philosophers “How can it be reasonable, therefore, for them to promise to aid the State in case they are compelled by an emergency to do so, when they do not know how to rule the State when no emergency threatens it, though this is a much easier task than the other?” (133)

Citizens must engage public life… Because it is a duty towards the country. “…not to be ruled by wicked men and not to allow the republic to be destroyed by them…” (133)

Commonwealth “…a commonwealth is the property of a people. But a people is not any collection of human beings… but an assemblage of people in large numbers associated in an agreement with respect to justice and a partnership for the common good. (134) “For what is a State except an association or partnership in justice…?” (136) –Foundation of the city

Origins of the Commonwealth “The first cause of such an association… [is the] social spirit which nature has implanted in man.” (134)

Auctoritas (the city) “For there is really no other occupation in which human virtue approaches more closely the august function of the gods than that of founding States or preserving those already in existence.” (134) Auctoritas/imperium Auctoritas—auctor—based upon the foundation of the city of Rome (magistrates did not use force… they were invested with auctoritas)

Natural Equality “…if bad habits and false beliefs did not twist the weaker minds… all men would be like all others. … there is no difference in kind between man and man…” (139) “…there is no human being of any race who, if he finds a guide, cannot attain to virtue.” (137)

Translates into legal equality… “For if we cannot agree to equalize men’s wealth, and equality of innate ability is impossible, the legal rights at least of those who are citizens of the same commonwealth ought to be equal.” (136)

Law “True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting…” (138)

Justice “Justice is one; it binds all human society, and is based on one Law, which is right reason applied to command and prohibition. Whoever knows not this Law, whether it has been recorded in writing anywhere or not, is without justice.” (139) “…the magistrate is a speaking law, and the law a silent magistrate..” (140) If all men knew the Law, we all would live in peace and friendship with each other, which originate “in our natural inclination to love our fellow-men” (139) which lies at the foundation of Justice

God/s & Men “...since there is nothing better than reason, and since it exists both in man and God, the first common possession of man and God is reason. But those who have reason in common ust also have right reason in common. And since right reason is Law, we must believe that men have Law also in common with the gods. Further, those who share Law must also share Justice… Hence we must now conceive of this whole universe as one commonwealth of which both gods and men are members.” (138)

Differences/Similarities Between PlatoAristotlePolybiusCicero Human Nature Constitution Best government Equality Freedom Other….