Cicero On the Laws Nov. 16, 2015.

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Presentation transcript:

Cicero On the Laws Nov. 16, 2015

Marcus Tullius Cicero (106-43 BCE) Educated in politics, public speaking and law. Well-versed in various schools of Greek philosophy. Chose a career in law and politics. Became consul in 63 BCE (New Man) Suppressed the conspiracy of Catiline (executed conspirators without trial) Atticus: “…the nation that has been preserved by you...” (On the Laws) Caesar, Pompey and Crassus – First Triumvirate formed in 60 BCE Cicero’s exile to Greece in 58 BCE Death of Caesar in 44 BCE Death of Cicero in 43 BCE Marcus Tullius Cicero (106-43 BCE)

Cicero’s Works: 1) Philosophical Works 2) Speeches 3) Letters How to restore earlier Roman virtues and morals? What are the qualities of a good republican statesman? How to preserve or improve the republic? Why is republic the best system of government (commonwealth)? What is the notion of law and justice that best fits the republic? What is the true source of law and justice that the ideal republic must promote or be founded upon?

On the Commonwealth (54-51 BCE) Cicero’s commentary on Plato’s Republic and presentation of his own model of the ideal commonwealth through an image of the idealized golden age of Roman republic, roughly 2nd to 4th centuries BCE Plato’s tripartite structure of the soul (and the city): Rational part or class should lead or govern Spirited part or class should actively support the rule of the rational part or class Appetitive part or the working class should be governed by the rational part or class Justice as a balanced, harmonious condition in the commonwealth and in the soul. Mixed constitution reflecting this.

Is justice natural or unnatural? On the Commonwealth Is justice natural or unnatural? The Stoic position endorsed in the Commonwealth Justice is rooted in nature itself. So are virtuous customs and laws. Zeno of Citium, founder of the Stoic school (335-263 BCE)

Stocisim in the Commonwealth and On the Laws (54-51 BC) Cicero to his brother Quintus: “…you must understand that there is no subject for discussion (other than universal law) in which it can be made so clear what nature has given to humans; what a quantity of wonderful things the human mind embraces; for the sake of performing and fulfilling what function we are born and brought into the world; what serves to unite people; and what natural bond there is among them. Once we have explained these things, we can find the source of laws and justice.” (On the Laws Book 1 p. 110)

“(In) this discussion we must embrace the whole subject of universal justice and law, so that what we call ‘civil law’ will be limited to a small and narrow area. We must explain the nature of law, and that needs to be looked for in human nature…(Law) is the highest reason, rooted in nature, which commands things that must be done and prohibits the opposite.” (On the Laws p.111) Civil law based on Tyrant’s law that is no law at all reason and natural justice Death of justice and law

On the Laws Equality or Mutuality of Reason and Virtue in People Atticus: “Could I think otherwise, since this has already been proven (that justice arises from nature): first, that we have been equipped and adorned as if by gifts of the gods; secondly, that there is one equal manner of life, shared by all people; and finally, that all people are bound by a sort of natural goodwill and benevolence as well as by the bonds of justice?” (On the Laws p.118) Cosmopolis and universal human community, a pretext for Roman imperialism?

S.P.Q.R Senatus Populusque Romanus The Senate and People of Rome Octavian becoming Consul and threatening Brutus (and Cicero indirectly)