Lecture 14

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Cicero
On the Laws
Nov. 16, 2015
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.
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
reason and natural justice
Tyrant’s law that is no law at all
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)
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