M: You speak correctly, and that is how it is. I remember that you have studied law from the earliest time of your life, when I myself also used to come to Scaevola [famed jurist and teacher]. Q: Then of course you will propose laws that may never be repealed? Cicero, Marcus Tullius, 106 BCE-43 BCE: Translator: Featherstonhaugh, George William, 1780-1866: LoC No. M: Therefore, as that divine mind is the highest law, so too when it is in man, it has been fully developed in the mind of the wise man. Laws Book I. I. Atticus. They will not tolerate it if they hear that you have betrayed the excellent man’s first sentence, in which he wrote that god cares for nothing, either his own or another’s. But now I beseech [you] to begin to explain what you feel about civil law. A: Both that, and that order of things, seem good to me. Unlike nearly all of his peers in the Roman Senate, his family had not been in Roman politics for generations on generations, but rather was new to it. %��������� The first complete English translation of both of Cicero's works for over sixty years.  To think that these things have been based on opinion, not on nature, is for a madman.  M: Then you think that the Titian and the Appuleian laws are not laws? A: That is fine with us, and, if it pleases you, this way to the Liris along its bank and through the shade. 44020946 : Uniform Title: De republica. And when he has examined and completely tested himself, he will understand how he has come into life equipped by nature and how great are the furnishings he has for obtaining and securing wisdom, since in the beginning he conceived the first, so to speak, sketchy conceptions of all things in his soul and mind. They represent Cicero's understanding of government and remain his most important works of political philosophy. Surely we will have no lack of delight as we inquire into one topic after another. Since that is law, we should also consider human beings to be united with gods by law. The same nature not only adorned the human being himself with swiftness of mind, but also allotted [to him] the senses as escorts and messengers, as well as the obscure, insufficiently elucidated conceptions of many things as, so to speak, a sort of foundation of knowledge. Cicero: The Republic, the Laws (translation). M: “From Jupiter the beginnings of the Muses,” as I began in my Aratean poem. << /Length 4 0 R /Filter /FlateDecode >> If the Thirty at Athens had wanted to impose laws, or if all the Athenians delighted in tyrannous laws, surely those laws should not be held to be just for that reason? That is far off the mark. And so it is proper both for him who obeys to hope that he will command at some time, and for him who commands to think that in a brief time he will have to obey. Therefore, since good and bad are judged by nature, and these things are elements of nature, certainly also honorable and disgraceful things must be distinguished in a similar manner and measured according to nature. p. cm. Therefore, the true and chief law, suitable for ordering and forbidding, is the correct reason of Jupiter the Highest. For the same things are grasped by the senses of all persons; and the things that move the senses move them in the same way in all persons; and the things that are imprinted upon minds, about which I spoke before, the rudimentary conceptions, are imprinted similarly upon all persons; and speech, the interpreter of the mind, differs in words but is congruent in thoughts. So many and so great are the things that are clearly seen to be present in a human being by those who want to know themselves. Furthermore, among those who have a sharing in law, there is a sharing in right. There is no doubt that he who is called liberal or benevolent is following duty, not profit.  From this it follows that he recognizes god because he, so to speak, recollects whence he arose. M: Then do you want this: As with Clinias the Cretan and Megillus the Spartan [fictional characters in Plato’s Laws], as he describes it, during a summer day in the cypress groves and woodland paths of Cnossos, often stopping, occasionally resting, he argues about the institutions of republics and about the best laws, so let us, walking and then lingering among these very tall poplar trees on the green and shady bank, seek something fuller concerning these same matters than the practice of the courts requires? Plato. Those who have been given reason by nature have also been given correct reason, and thus law, which is correct reason in ordering and forbidding. A REVISED TRANSLATION OF CICERO'S DE RE PUBLICA AND DE LEGIBUS - (J.E.G.) I am not aware that any translation of the Republic of Cicero into the English tongue has been made. But if friendship should be cultivated for itself, human fellowship, equality, and justice should also be desired for themselves.  Finally, if virtue is desired because of other things, necessarily there is something better than virtue. Oxford University Press, 1998. And among human beings themselves there is no nation either so tame or so wild that it does not know that it should have a god, although it may be ignorant of what sort it ought to have. He brings into focus the tension between a true and natural justice and ordinary notions of utility and pleasure.]. Pompei: Pro Caecina: Pro Cluentio: Pro Rabirio Perduellionis Reo: In Catilinam I-IV: Pro Murena: Pro Sulla: Pro Flacco: Pro Archia: Post Reditum in Senatu: Post Reditum in Quirites: de Domo Sua : de Haruspicum Responsis: Pro Cn. Those things have been attentively written by many men, and they are lower than what I think is expected of me. But if a penalty, if fear of punishment and not the disgrace itself, deters from a wrongful, criminal life, then no one is unjust, and instead the wicked should be held to be incautious. Q: Of course you need to say very little. Copyright David Fott. But since we are giving laws for free peoples, and since I have previously spoken in a book what I feel about the best republic, at this time I will tailor the laws to the form of city that I approve. A: Certainly nothing for us, if I may respond for both of us. Insofar as each man judges what to do according to his own convenience, so little is he a good man, so that those who measure virtue by reward consider nothing to be a virtue except badness. Pp. Cicero (Marcus Tullius, 106–43 BCE), Roman lawyer, orator, politician and philosopher, of whom we know more than of any other Roman, lived through the stirring era which saw the rise, dictatorship, and death of Julius Caesar in a tottering republic. Zetzel (trans.) So, as a result of an error of the mind, it is received as if it were something salutary, and by a similar ignorance death is fled as if it were a dissolution of nature, life is desired because it holds us in the condition in which we were born, pain is regarded as among the greatest evils both because of its own roughness and because the violent death of our nature seems to follow. Quintus is speaking initially in this excerpt.]. And because of the harmony of the birds and the rumbling of the rivers I do not fear that any of my fellow students [fellow Epicureans] will clearly hear. Those who are corrupted by her flatteries do not sufficiently notice what things are good by nature, because they lack this sweetness and itch. What more foolish thing can be said than that? Bracketed words or phrases usually represent Professor Fott’s efforts to supply a missing or unclear part of the text. Thus, Cicero concludes that the nature of Law is derived from Human Nature.13 II. But if that is not so, there is no justice at all.  Q: Truly, brother, you trace deeply and, as is proper, from the fountain head of what we are asking about. Then we must treat the laws [ius] and orders of peoples that have been composed and written, in which what are called the civil laws [ius] of our people will not be hidden. But we can divide good law from bad by no other standard than that of nature. [text is missing] And Socrates correctly used to curse the person who first separated advantage from right, for he used to complain that this was the source of all disasters. Of his speeches, 88 were recorded, but only 58 survive. stream And of course reason, by which alone we excel the beasts, through which we are effective in [drawing] inferences, through which we prove, disprove, discuss, demonstrate something, make conclusions—it certainly is in common, differing in education, while decidedly equal in the capacity to learn. And reason has been given to all persons. But he who will do nothing for another person’s sake and will measure everything by his own convenience—you see, I suppose, what he is going to do. We must explain the nature of law [ius], and this must be traced from human nature. 224 p. Research output: Book/Report › Authored book When they have been made lucid, with wisdom as leader, he discerns that he is a good man and that for this very reason he is going to be happy. Of Cicero's books, six on rhetoric have survived, as well as parts of eight on philosophy. 26.  You see, then, that this is the significance of the magistrate, that he should rule over and prescribe things that are correct, advantageous, and linked to the laws.