CiceroOn 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

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.

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 allreason 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)