On the laws by Cicero

We are born for justice and what is just is based, not on opinion, but on nature.
(De legibus, book I, section 28)

Cicero began writing the De legibus or On the laws during the same period as the De republica, i.e. the late 50s BC, but suspended work on it when he was compelled to go and be governor of Cilicia in 51 BC, and possibly never resumed it. It is certainly unfinished. We have just two books of 60-odd sections each and most of book 3 (49 sections) then the manuscript stops in mid-sentence. The 4th century AD philosopher Macrobius refers to the existence of a book 5. Maybe it was intended to have 6 books to parallel the De republica to which it is obviously a partner.

Like most of Cicero’s other works it is a dialogue though, unlike the De republica, it is set in the present and, instead of historical personages, features just the author himself, his brother (Quintus Tullius Cicero) and his best friend (Titus Pomponius Atticus, addressee of so many of Cicero’s letters).

De legibus has a simple premise: since he is Rome’s leading lawyer and advocate, Cicero’s brother and friend suggest he is perfectly placed to write a book about The Law, and so Cicero sets off with the aim of establishing the fundamental basis of law, before considering specific laws, whether they need to be amended and, if so, how. From the start Cicero describes and explicates what was essentially the Stoic theory of natural law as amounting to right reason in action.

Natural Law

In the introduction to the Oxford University Press edition, Jonathan Powell explains that Cicero’s theory of Natural Law was based on certain premises:

  1. that the universe is a system run by a rational providence
  2. that mankind stands between God and the animals so that in creating and obeying laws man is employing Right Reason
  3. that human potential can only be realised in communities – Cicero derives this from Aristotle’s view that humans are sociable animals
  4. that man is a homogeneous species – we have more in common than separates us – therefore we are susceptible to the same, one, universal natural law which stands above (or lies beneath) all ‘positive’ i.e. merely local and culture-specific laws
  5. that law is based on (human) nature not opinion – individual laws may come and go but the existence of a deep fundamental law of human nature can never change

Natural Law refuted

The objections to this are obvious and start with the counter statement that the universe is very much not a system run by a rational providence. Since Isaac Newton’s discoveries of the basic forces which govern the universe, there has been no need to posit a God to create and keep the universe running; and since Darwin published On The Origin of Species in 1859, there has been no need to posit a God who created the extraordinary diversity of life forms we see around us, including humanity. Many other reasons may be found for adducing the existence of a God or gods, but the regularity of the cosmos and the diversity of the natural world are not among them.

If God does not exist, didn’t create the universe and does not deploy a benevolent providence to watch over us, then humans cannot occupy a middle space between the animals and this God who doesn’t exist. We are more accurately seen as just another life form amid the trillions teeming all over the earth.

Cicero displays towards human beings the same kind of anthropocentric chauvinism and exceptionalism which was first recorded among his Greek predecessors and persisted through most thinking about humanity and human nature up till very recently. Only in the last couple of generations has it become clear that humans may have invented language and maths and built skyscrapers and flown to the moon but that, deep down, we are just apes, mammals, animals, and behave much like all the other mammals, in terms of our fundamental behaviours – feeding, mating and fighting.

If you have a God, then you can establish a hierarchy with him at the top, then the angels, then humans sitting comfortably above all other species on earth. If you have no God, the hierarchy crumbles and we are just one among a million different life forms jumbled together on this small planet, engaged in the never-ending battle for survival. Nowadays we know that humanity is killing off the other species, destroying countless habitats, and burning up the planet as no other species possibly could. Some people characterise our arrogant lording it over life forms as speciesism, a view I share.

If there is one quality that distinguishes human beings from all other species it is our unique capacity for destruction.

The notion that humans are governed by Right Reason has always seemed to me self evidently false. Our values are inculcated by the society we grow up in. If some values are almost universal across most of these societies this is because they make evolutionary sense, they help the group survive, rather than being a Universal Law handed down by a Benevolent God.

Therefore premises 1, 2, 4 and 5 listed above are false. We are left with 3, the notion that humans naturally live in groups or communities, which seems to be objectively true, but gives us no guide on how we should conduct ourselves, or establish laws or rules for running these communities.

Lastly, the introductions to all these texts by Cicero tend to talk about Universal values, Universal laws, and Universal human nature very freely but I can’t help feeling they only apply to the Western world. The terms of reference seem very Eurocentric or Anglocentric or whatever the word is for Western-centric. Meaning that my reading about African tribes, cultures, laws and traditions, or what I know about Chinese history, and my personal experience of travelling in the Muslim world, suggest that there are many non-Western cultures which don’t share these ways of looking at the world at all. I’m guessing the same could be said about Indian culture, or the traditions of the native Americans of North or South America, the Australian aborigenes and any number of other cultures.

Liberals may be proud of the Universal Declaration of Human Rights (UDHR), adopted by the recently founded United Nations, founded by the soon-to-be-victorious Allies during the Second World War, based in New York, a document drafted by a committee chaired by the American president’s wife (Eleanor Roosevelt) – but the idea of universal set of values is not a fact about human beings but a high-minded aspiration.

I recently visited the British Museum exhibition on Stonehenge. This has a section describing life in Britain before the advent of the (first) agricultural revolution, which began in the Middle East 12,000 years ago. The human population of Britain was minuscule (maybe 5,000) arranged into tiny communities of hunter gatherers who lived deep amid nature as they found her, without the knowledge, means or incentive to change anything, to fell trees, clear land, burn forests and so on. Instead they considered themselves an integral part of nature, not set aside from it. They killed rarely and atoned for their killings with offerings. And the exhibition says this was the way of life for most hunter-gatherer societies for most of human history i.e. going back hundreds of thousands of years, back through all the various species of the genus Homo.

So I’m saying that Cicero’s premises are not only wrong in the theoretical/theological way that they posit the existence of One Universal God to explain the world around us, an explanation which has been utterly superseded by the scientific worldview – but wrong in all his factual claims about human nature,  above all that it is universally the same, whereas we now know that there have been, and currently are, many, many, many more human cultures than Cicero could ever imagine.

The Romans thought the world amounted to one continent completely surrounded by a vast Ocean, punctuated by the middle-earth or Mediterranean Sea. They hugely underestimated the size of Africa, and thought the world ended with India and a little beyond the Ural mountains, so forming one circular continent. The historical examples Cicero bases his notion of a universal human nature on amount to a tiny sub-set of the actually existing cultures of his own time, and a minuscule sub-set of all the human cultures and societies which have existed over the face of the earth for the past several hundred thousand years.

So: this book is clever and interesting in all kinds of ways but it is based on multiple types of ignorance – deep, deep ignorance – which lead to false premises and wrong deductions on every page.

Cicero’s motivation

As we saw in De republica Cicero was a very practical-minded Roman. He wasn’t interested in airy-fairy philosophical speculations for their own sake. He was a staunch Roman patriot who wanted to preserve the Roman state. The practicalness of his motivation is stated explicitly mid-way through book one:

You see the direction which this discussion is taking. My whole thesis aims to bring stability to states, steadiness to cities, and well-being to communities. (I, 37)

He is not seeking ‘the truth’, so much as cherry-picking arguments from the range of Greek philosophy in order to shore up his practical and patriotic aim.

Book one

Cicero asserts that:

  1. human beings are blessed with the ultimate gift of the gods, Reason
  2. humans have a single way of living with one another which is universal
  3. all people in a community are held together by natural goodwill and kindness (I, 35)

As you can see, all these axioms are wrong and he goes on to deliver a slew of equally high-minded, fine-sounding sentiments which are equally false:

Law is the highest reason, inherent in nature, which enjoins what ought to be done and forbids the opposite. (I, 18)

Law is a force of nature, the intelligence and reason of a wise man, and the criterion of truth and injustice. (I, 19)

The creature of foresight, wisdom, variety, keenness, memory, endowed with reason and judgement, which we call man, was created by the supreme god to enjoy a remarkable status. Of all the types and species of living creatures he is the only one that participates in reason and reflection whereas none of the others do…Since there is nothing better than reason, and reason is present in both man and God, there is a primordial partnership between man and God. (I, 22-23)

No, humans were not created by God but evolved through natural processes. We now know that numerous other species certainly have memory, and many appear capable of thought and calculation. Who says there is nothing better than reason? A philosopher whose central subject is reason, which is like a carpenter saying there’s nothing better in the world than working with wood. Why is there nothing better in the world than reason. How about, say, love?

Since there is no God, the statement ‘since reason is present in both man and God, there is a primordial partnership between man and God’ is meaningless. Or more accurately, it has a meaning, but a meaning made out of words, in the same way that a poem about blue guitars floating up to the moon makes sense, but refers to nothing in the real world. On it goes:

Those who share reason also share right reason; and since that is law, we men must also be thought of as partners with the gods in law. (I, 23)

Those who obey the same laws effectively live in the same state and:

and they do in fact obey this celestial system, the divine mind, and the all-powerful god. Hence this whole universe must be thought of as a single community shared by gods and men. (I, 23)

In the course of the continuous circuits and revolutions of the heavens the right moment arrived for sowing the human race; that after being scattered and sown in the earth it was further endowed with the divine gift of mind; that whereas men derived the other elements in their makeup from their mortal nature…their mind was implanted in them by God. Hence we have…a lineage, origin or stock in common with gods…As a result man recognises God in as much as he recognises his place of origin…the same moral excellence in man and in God. (I, 24-25)

Cicero’s belief in God or gods isn’t tangential to his thought: his theism is absolutely central and vital to his entire view of human nature, reason, ethics, law and justice. And so, since there is no God, Cicero’s views on human nature, reason, ethics, law and justice are wrong from top to bottom. They may occasionally coincide with modern views based on humanistic atheism but these are accidental overlaps.

What makes this relatively short book (72 pages) so hard to read is that I disagreed with all his premises and almost all his conclusions. As a discussion of the theoretical basis of law and justice I found it useless. It has a sort of historical usefulness in shedding a very clear light on how a leading Roman lawyer conceived his profession and clearly explaining the kind of arguments about jurisprudence which were common in his day. And it includes references to Greek and Roman history which are anecdotally interesting. But every time he makes a general statement I find myself totally disagreeing and this eventually becomes very wearing:

Nature has lavished such a wealth of things on men for their use and convenience that every growing thing seems to have been given to us on purpose; it does not come into existence by chance. (I, 26)

Wrong: the life forms we see around us evolved by the process explained by Darwin, of which Cicero knows nothing; none of them were created ‘for our convenience’, instead food crops and livestock only began to be bred and fine-tuned for our use during the agricultural revolution which began some 10,000 years before Cicero’s time, of which he knew and understood nothing.

And the world does not exist ‘for our convenience’: it is precisely this self-centred sense of human privilege and entitlement which is very obviously destroying the earth in our own time.

God has created and equipped man in this way, intending him to take precedence over everything else. (I, 27)

Anthropocentrism. Narcissism*. Human chauvinism. Arrogance.

Nature made man alone erect, encouraging him to gaze at the heavens as being akin to him and his original home. (I, 27)

Sweet, poetic and false.

Cicero goes on to make the humanistic claim that people have more in common than separates them, we are all one human family. He is not stating this because he’d like to teach the world to sing in perfect harmony but because he wants to continue his thought that there is One God who has created one human race with One Reason and so it follows that there must be One Law to rule them all. Hence his insistence that there is One Human Nature. He claims that Reason:

  • may vary in what it teaches but is constant in its ability to learn
  • that what we perceive through the senses, we all perceive alike
  • that perceptions which impinge on our minds do so on all minds in the same way
  • that human speech may use different words but expresses the same ideas
  • troubles and joys, desires and fears haunt the minds of all alike

He is trying to corral human nature into his One God, One Reason, One Human Nature therefore One Law argument, but each of those four statements is questionable or wrong, starting with the notion that everyone is alike in the ability to learn and ending with the notion that we all experience the same emotions. Demonstrably false.

This is the evidence, in reality just wishes and assertions, which leads him to conclude that there is One Justice and that it derives from Nature (I, 33). Again and again he repeats the same formulas:

There is one, single, justice. It binds together human society and has been established by one, single law. That law is right reason in commanding and forbidding. (I, 42)

We are inclined by nature to have a regard for others and that is the basis of justice. (I, 43)

But repeating false claims doesn’t make them true.

Nature has created perceptions that we have in common, and has sketched them in such a way that we classify honourable things as virtues and dishonourable things as vices. (I, 44)

And yet Cicero saw Scipio Africanus, the general who oversaw the complete destruction of Carthage and the selling of its entire population of 50,000 into slavery as an epitome of virtue and honour and glory. Is that a perception we all have in common? Probably not the population of Carthage.

Moral excellence is reason fully developed and that is certainly grounded in nature. (I, 45)

Goodness itself is good not because of people’s opinions but because of nature. (I, 46)

Here and in many other similar formulations you can see that what he is arguing against is the notion that goodness and morality and law are contingent upon human societies. If this is true then, for a patriotic, socially-minded conservative like Cicero, what follows is anarchy. (It is the same fear of anarchy which underpins his conservative preference to keep on worshipping the gods according to the traditional ceremonies, as expressed in De rerum deorum.)

For more pragmatic, sceptical and utilitarian-minded people like myself, what follows is not anarchy, but is certainly a complex and never-ending process of trying to create culture, morality and laws which allow for diversity and strike a balance between conflicting opinions, classes and needs. The unending messiness of democracy, in other words.

Book one is essentially in two parts: up to section 40-something he is laying down these basic principles, and then gets his brother and best friend to enthusiastically vouch that he has certainly proved them, that men were endowed with reason by the gods, men live with one another in the same way everywhere, and that all human communities are held together by the same universal justice (I, 35).

All good men love what is fair in itself and what is right in itself. (I, 48)

In the second half he introduces, or wanders off to consider, notions of the good and morality. Sometimes, reading Cicero, it feels like you can see the joins, the places where he moved from copying one Greek text to suddenly copying from another. The order is his but much of the source content is cribbed from Greek originals (as he freely admits in his letters and in the texts themselves) with the result that his works rarely feel like they have a steady clear direction of travel, but more like a collection of related topics thrown loosely together. And this partly explains why his so-called conclusions rarely feel really justified by what has preceded them.

The conclusion is obvious from what has been said, namely that one should strive after justice and every moral virtue for their own sake. (I, 48)

Therefore what is right should be sought and cultivated for itself. (I, 48)

The t-shirt slogans keep on coming:

Justice looks for no prize; it is sought for itself and is at once the cause and meaning of all virtues. (I, 48)

This reminds me of St Paul’s letter to the Corinthians:

Love is patient and kind; love does not envy or boast; it is not arrogant or rude… (1 Corinthians 13:4)

And the comparison confirms my sense that Cicero’s writings are less philosophy than wisdom literature, defined as: “statements by sages and the wise that offer teachings about divinity and virtue.”

A fundamental mistake he makes is common to dogmatists of his type, namely the false dilemma or false dichotomy, “an informal fallacy based on a premise that erroneously limits what options are available.” For, Cicero argues, if his account of One God endowing One Human Race with One Right Reason so that Justice and Virtue arise out of Nature is wrong – then the only alternative is chaos. For if people only act in their own self-interest, not according to Universal Justice, then:

where is a generous person to be found…what becomes of gratitude…where is that holy thing, friendship…what are we to say of restraint, temperance, and self-control? What od modesty, decency and chastity?… then there is no such thing as justice at all. (I, 49-50)

But this is a false dichotomy. There aren’t just two stark alternatives. There are, in reality, a huge variety of societies, laws, customs and traditions. Yes it may look like anarchy to a conservative like Cicero. But it is how human beings actually live. The false dichotomy is a way for an author to terrorise you into accepting his tendentious view.

Cicero is not seeking ‘the truth’; he is, like the excellent lawyer he was, making a case and using every rhetorical and logical sleight of hand to do so.

Quintus asks where all this is going (I, 52) and Marcus replies that he is steering the discussion towards a definition of the Highest Good. Oh God, how boring. As with all these conservative/authoritarian thinkers, there can only be one of everything, One God, One Human Nature, One Reason, One Justice, One State and One Good.

As usual he a) approaches the problem through a blizzard of references to Greek philosophers including Phaedrus, the Academy, Zeno, the Old Academy, Antiochus, Chios, Aristotle, Plato and b) fails to reach any meaningful conclusion. Whereas the Old Academy called what is honourable the highest good, Zeno said it was the only good, holding the same beliefs as Aristotle but using different terms. (I, 55).

Quintus suggests that:

There is no doubt about it: the highest good is either to live according to nature (i.e. to enjoy a life of moderation governed by moral excellence) or to follow nature and to live, so to speak, by the law (i.e. as far as possible to omit nothing in order to achieve what nature requires, which means the same as this: to live, as it were, by a code of moral excellence). (I, 56)

Great. Does that help anyone? No. Words, words, words. But when Quintus asks him to show what all this means in practice, Cicero at first pleads that it is beyond his powers. What isn’t beyond his powers is more highfalutin’ truisms:

Wisdom is the mother of all good things; the love of her gives us the word ‘philosophy’ from the Greek. Of all the gifts which the immortal gods have bestowed on human life none is richer or more abundant or more desirable. (I, 58)

Cicero deflects to invoke the famous maxim carved above the oracle at Delphi, Know thyself:

The person who knows himself will first of all realise that he possesses something divine, and he will compare his own inner nature to a kind of holy image placed within a temple. (I, 59)

Will he? The book concludes with a half page hymn of praise to the Truly Great Man Who Knows Himself, understands his mind is a gift from God, understands Wisdom and Virtue and Justice, and so is ideally placed to rule over his fellow men. In other words, the ideal Roman ruler of Cicero’s own time.

Book two

As a break, the characters describe the fictional walk they are taking through the countryside of around the Cicero family estate outside Cicero’s home town of Arpinum, 100 kilometres south east of Rome. Pleasant chat about the view (‘What could be more delightful?’) is artfully placed in order to lead on to consideration of love of birthplace and country. Never forget that Cicero was a fierce Roman patriot. A person’s birthplace:

is the country for which we should be willing to die, to which we should devote ourselves heart and soul, and on whose altar we should dedicate and consecrate all that is our. (II, 5)

All that is ours. Cicero is usually referred to as a lovely humanist but this is as fierce and total a patriotism as Mussolini’s. And then we return to consideration of the law and Cicero recapitulates his axioms for the umpteenth time:

Law was not thought up by the intelligence of human beings, nor is it some kind of resolution passed by communities, but rather an eternal force which rules the world by the wisdom of its commands and prohibitions…the original and final law is the intelligence of God, who ordains or forbids everything through reason. Hence that law which the gods have given to the human race is rightly praised, for it represents the intelligence of a wise man directed to issuing commands and prohibitions. (II, 8)

I think I disagree with pretty much every word of this. On it goes: the power of encouraging people to right actions:

is not only older than the existence of communities and states; it is coeval with that god who watches over and rules heaven and earth. (II, 10)

Repetition

If in doubt, repeat it again and again, bludgeoning your readers into submission:

Reason existed, reason derived from the nature of the universe, impelling people to right actions and restraining them from wrong. That reason did not first become law even it was written down, but rather when it came into being. And it came into being at the same time as the divine mind. Therefore the authentic original law, whose function is to command and forbid, is the right reason of Jupiter, Lord of all. (II, 10)

Mind you, in a note to page 162 Jonathan Powell points out that repeating ideas in different formulations in order to drive it home was a skill that was taught and practiced in the schools of rhetoric which Cicero attended.

The use value of religion

I mentioned above how the conservative Cicero thought religion should be kept up in order to maintain social structure, for its use value. In book two he makes this explicit:

Who would deny that these [religious] ideas are useful, bearing in mind how many contracts are strengthened by the swearing of oaths, how valuable religious scruples are for guaranteeing treaties, how many people are restrained from crime for fear of divine retribution…(II, 16)

One of the reasons Cicero despises and mocks Epicureans is because they sought to free people’s minds from fear of the gods. For Cicero (as for the ancient Jews) piety and morality begin with fear of the gods. This is very Roman, very practical-minded of Cicero. And explains why the population has to be brainwashed into believing in the gods:

Citizens should first of all be convinced of this, that the gods are lords and masters of everything; that what is done is done by their decision and authority; that they are, moreover, great benefactors of mankind and observe what kind of person everyone is…Minds imbued with these facts will surely not deviate from true and wholesome ideas. (II, 15)

I don’t need to point out how coercive and authoritarian this idea is. The gods are Big Brother, watching you, reading your thoughts, checking up that you obey Right Reason, as defined by Cicero and his class.

That said, Cicero’s attitude really only reflected the attitudes of most educated men of his time. They didn’t believe in their religion in the same way a Christian or Muslim believes in their God. Roman religion was, as Jonathan Powell puts it, by this period a matter almost entirely of public ritual, tradition and custom. Religious belief, in the post-Christian sense of the word, wasn’t required or checked. Obedience to custom and ritual, reverence for tradition, was all.

Cicero’s ideal laws concerning religion

All of which explains why, when he comes to actually enumerate the laws in his ideal state, Cicero does so with Laws Governing Religion. Anti-climactically, these turn out to be pretty much the same laws as govern Rome. Just as De republica concluded that the Roman constitution was the best imaginable constitution (a conclusion he repeatedly refers to here e.g. II, 23), so De legibus, when push comes to shove, concludes that the best possible laws the human mind could devise are…exactly the same as the laws of ancient Rome (II, 23).

The rest of the book is divided into two parts: a relatively considered statement of Cicero’s ideal laws concerning religion (sections 18 to 22) followed by a detailed commentary on each of them (sections 23 to 60). There follow pages and pages of detailed prescriptions about religious rites and rituals, an extraordinary level of detailed specification. There’s a short digression about the proper regulation of music to stop it becoming immoral and corrupting which made me think of Mary Whitehouse and demonstrates Cicero’s cultural conservatism, before we plunge back into thickets of religious law.

The contrast between the high minded rhetoric about the One God and Universal Human Nature and Divine Law in book one and the slavish iteration of Roman rules and regulations as the actual embodiment of this supposedly Universal Law is unintentionally comic. Bathos = “an effect of anti-climax created by an unintentional lapse in mood from the sublime to the trivial or ridiculous.”

The place of burial is not called a grave until the rites have been conducted and the pig has been slain. (II, 57)

Do not smooth the pure with a trowel. (II, 59)

Women shall not scratch their cheeks on the occasion of a funeral. (II, 64)

It is forbidden to decorate a tomb with stucco work. (II, 65)

Do these sound like the Universal Laws indicative of the Divine Mind which Cicero has been banging on about…or the customs and conventions accumulated by one particular little city state?

Once this lengthy and hyper-detailed account of Rome’s religious laws is finished, Cicero announces that the next most important element in the structure of the state is magistrates and that he will devote the next book to considering the ideal magistrate.

Book three

Cicero bases his thoughts about magistrates, like his thoughts about everything else, on God:

Nothing is so closely bound up with the decrees and terms of nature…as authority. Without that, no house or clan or state can survive – no nor the human race, nor the whole of nature, nor the very universe itself. For the universe obeys God; land and sea abide by the laws of the universe; and human life is subject to the commands of the supreme law. (III, 3)

As with book two, he gives a clipped concise statement of his ideal laws governing magistracies or public offices (sections 6 to 11, 3 pages) then a detailed commentary on them (sections 12 to 47, 14 pages).

And yet again he repeats that, since his ‘six previous books’ (i.e the De republica) ‘proved’ that the Roman constitution was the best one conceivable by the human mind, so, logically enough, the kind of Ideal Magistrate he intends to describe will also turn out to be…Roman ones!

And so indeed, it turns out, after consulting the Divine Mind, that the optimum state will feature quaestors, aediles, praetors, consuls and censors, a senate to propose laws and popular assemblies to vote on them – exactly like the Roman state! He has the good grace to have his characters admit that this is a little embarrassing:

QUINTUS: How succinctly, Marcus, you have drawn up a scheme of all the magistrates for our inspection! But they are almost identical with those of our own country, even if you have introduced a little novelty.
MARCUS: Yes, we are talking about the harmoniously mixed constitution which Scipio praised in those books and prefers to all others…and since our constitution was given the most sensible and well-adjusted form by our ancestors, I found little or nothing to change in the laws. (III, 12)

The latter part of book three goes into considerable details about all aspects of the Roman constitution, the peculiarities of the different magistracies, the age limits, the pros and cons of the tribunate, the different types of voting (by acclamation, writing down, secret ballot) and so on. This is quite interesting because it is, arguably, the most practical part of the book, describing Rome’s actual constitutional practices and debating points Cicero (or his more conservative brother, Quintus) would like to change, a bit, not too much.

Worth emphasising that the aim of all the tinkering round the edges which Cicero proposes is to ensure that power remains firmly in the hands of the aristocracy and out of the hands of the people at large.

Liberty will exist in the sense that the people are given the opportunity to do the aristocracy an honourable favour.

Thanks to my [proposed] law, the appearance of liberty is given to the people [and] the authority of the aristocracy is retained. (III, 39)

The end was nigh

This final section has a wistfully hypothetical air about it because, within a few short years the entire world it describes would be swept away.

Let us imagine that Cicero was half way through writing the book when, in 51 BC, he was called on to take up the governorship of Cilicia (the southern coast of modern Turkey) and served throughout the year 50.

This meant that he was out of Rome as the political confrontation between Caesar and the Senate came to a head. there was a flurry of proposals and counter proposals in December 50, all of which failed and prompted Caesar, in January 49, to cross with his army from Cisalpine Gaul where he held an official post, into mainland Italy, where he didn’t, thus breaking the law, making himself an outlaw, and sparking the five year civil war between himself and Pompey and his followers.

When peace was restored in 45 BC, Caesar had himself declared dictator for life thus turning the entire Roman constitution into a hollow shell and rendering On the laws, with their pages of pedantic footling about precise constitutional arrangements, redundant overnight. It became overnight a record of a specific historical moment, which was eclipsed before the book could even be completed.

Thoughts

Cicero is frequently held up as the godfather of humanism. Finding, translating and commenting on his books was a central element in the Renaissance, which saw the creation of modern ideas of humanism. (“Petrarch’s rediscovery of Cicero’s letters is often credited for initiating the 14th-century Renaissance.” Lumen).

However, as my close readings of De rerum deorumDe republica and De legibus amply demonstrate, Cicero’s ‘humanism’ is crucially, vitally, centrally based on his theism, his belief in One God who created human beings and implanted in them fragments of the Divine Reason which underpin all our values, morality, law, justice and statecraft.

Thus, in a nutshell: humanism derives from religious belief. Without its religious underpinning, humanism is nothing. It becomes a wish, a hope, a dream, with no factual or logical basis. I don’t say this to undermine humanistic values. I am probably a humanistic progressive liberal myself. Where I appear to differ from most of my tribe is I don’t believe these truths to be self evident. There are other ways of being human, other cultures, other values completely different from ours, probably the majority of human lives have very much not been lived according to these values. Several points follow:

1. We do not have the right to compel these other cultures into adherence to our values. That is no different from Victorian missionaries trying to convert tribes in Africa or Asia or Australia to their narrow Christian culture.

2. If we want to defend our values effectively against those who threaten them, for example Vladimir Putin or Xi Jinping, we must base them on really secure foundations, not wishes or aspirations. Far stronger foundations than Cicero, who wrote all these fancy words only to have his head cut off by Mark Antony’s bounty hunters. The sword is mightier than the pen.

* Cicero’s self promotion

It’s further evidence of Cicero’s self-centred narcissism that in several places in book 3 he manages to showehorn into the text the famous events of 63 BC, when he was consul and saved the state from the Cataline conspiracy. He gives a melodramatic account of the tremendous dangers he faced and how he single-handedly overcame them (III, 26) and then has Atticus fulsomely thank him for his efforts.

To be sure, the whole order is behind you and cherishes most happy memories of your consulship. (III, 29)

Cicero also takes the opportunity to remind everyone that he should never have been exiled (in 57 BC) and that’s why it needed no legislation to rescind his exile (III, 47). In other words, no matter what Cicero is writing about, the text has a strong tendency to end up being about himself.

There is something irredeemably comic about Cicero, like Oliver Hardy pretending to be Napoleon. It’s this hyper-intelligent, super articulate yet comical earnestness which has endeared him to 2,000 years of readers.

Niall Rudd’s translation

A word of praise for this Oxford University Press edition. I described, probably at too much length, how strongly I disliked the prose styles and odd attitudes of A.J. Woodman, who translated Sallust, and Carolyn Hammond, who translated Caesar’s Gallic War, both for OUP. This edition restored my faith in OUP editions of the classics.

The introduction, mostly written by Jonathan Powell, is a model of lucidity, useful and to the point, as are the scholarly and interesting notes. There is a useful list of names and an appendix giving a handy summary of the sometimes confusing Roman constitution.

The translation itself is by Professor Niall Rudd (1927 to 2015) and was first published in 1998. It is clear and unaffected – you feel you are engaging directly with the text. I cannot judge its fidelity to the source Latin, but it makes for a lucid, engaging read, as I hope you can tell from the many quotations I take from it. All round, it is a gold standard edition.


Credit

The Republic and The Laws by Cicero translated by Niall Rudd with introduction and notes by Jonathan Powell and Niall Rudd was published by Oxford University Press in 1998. All references are to the 2008 paperback edition.

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Roman reviews

De republica by Cicero (54 BC)

The best possible political constitution represents a judicious blend of these three types: monarchy, aristocracy and democracy.
(De republica by Cicero, fragment of Book 2)

De republica was written by the Roman lawyer, orator, politician and philosophical populariser Marcus Tullius Cicero between 54 and 51 BC. It is variously translated into English as The Republic, A Treatise on the Commonwealth, On the state or On government.

Cicero was not himself a philosopher or political theorist of note. This work was one among nearly twenty in which he translated the best of Greek philosophy into Latin, pulling various Greek theories together into new texts and introducing or inventing Latin terms to translate Greek ideas. Because of the purity and eloquence of his Latin many of these texts were preserved throughout the Middle Ages as teaching aids, and were revived during the Renaissance. In this way Cicero’s works played a central role in preserving the philosophical, moral and political ideas of the ancient world into the modern era and shaping their revival.

The Republic is cast as a dialogue, the form immortalised by Plato (427 to 327 BC). Unlike a manifesto or treatise a dialogue isn’t a straightforward statement of views. Having a number of people debate various opinions makes it more of a teaching or heuristic form. Students can be asked to study the work, then to describe which viewpoint they support and why.

As with Cicero’s other dialogues, The Republic studiously avoided controversy by being set in the past among long dead characters. It is set in the country villa of Publius Cornelius Scipio Africanus Aemilianus (185 to 129 BC), known as Scipio Aemilianus or Scipio Africanus the Younger. Scipio was a Roman general and statesman who led the third and final war against Carthage, personally overseeing its siege, capture and utter destruction, as vividly described in Richard Miles’s history of Carthage. Scipio also restored order after assassination of Tiberius Gracchus in 133 BC and mediated between the political factions.

The Republic takes place in Scipio’s estate over three consecutive days. Each day is described in two books, with an introduction by Cicero preceding the dialogue of each book, making six books in all.

  • Book 1 – Scipio outlines the three types of government (monarchy, aristocracy, democracy) and asserts the best type is a mix of all three
  • Book 2 – Scipio gives quite a detailed outline of early Roman history in order to show the evolution of the Roman constitution
  • Book 3 – Philus and Laelius engage in a set-piece debate about whether pragmatic injustice (Philus) or ideal justice (Laelius) are intrinsic to politics
  • Book 4 – is a discussion of education
  • Book 5 – considers the qualities of the ideal citizen in government
  • Book 6 – considers the character of the ideal ruler

The Republic survives only in fragments. Large parts of the text are missing. Books one to 3 survive in significant chunks, but the from the fourth and fifth books only minor fragments survive, and all the other books have a distressing number of missing passages.

The only part of the sixth book which survives is the final section, a relatively short passage in which Scipio tells his guests about a dream in which he was whirled up into space and shown the structure of the universe. This has survived because it was the subject of a commentary by the neoplatonist philosopher Macrobius and this part of the text, along with Macrobius’s commentary, became very popular during the Middle Ages and the Renaissance, with their profound interest in astrology and astronomy.

The best preserved parts of the text discuss constitutions and political theory but it is important to realise that this was only part of Cicero’s aim. The discussion of constitutions fills only a third of the book. For Cicero ‘politics’ wasn’t a narrow profession but a branch of philosophy which dealt in a broader way with human nature and ethics as demonstrated in societies. This explains why the treatise deals with different types of constitution early on in order to get on to the more important subjects of what kind of citizen and what kind of ruler are required to create a perfect state. The best kind of state is not a dry technical question, comparable to modern debates about different voting procedures: the best kind of state produces the best kinds of citizens and the best kinds of rulers (optimus civis) and so must be considered in the broadest context.

The characters

The discussions take place between no fewer than nine named individuals who are given speaking parts.

Scipio was maybe the most pre-eminent figure in mid-second century BC Rome, a very successful general who, however, a) did not abuse his power as later generals such as Marius, Sulla, Pompey and Caesar did and b) was a noted patron of artists and writers such as the Greek historian Polybius. You can see why Cicero hero worshiped him.

Other characters

  • Gaius Laelius: close friend and associate of Scipio, consul in 140 BC, promoter of the study of literature and philosophy, practical and down to earth.
  • Lucius Furius Philus: consul 136 BC, orator, a man of great personal rectitude who takes on the defence of injustice, in book 3, for the sake of the debate
  • Manius Manilius: consul in 149 BC, a venerable legal expert.
  • Quintus Mucius Scaevola: Laelius’s son-in-law, a legal scholar and patron of the young Cicero.
  • Spurius Mummius: conservative and anti-democrat.
  • Quintus Aelius Tubero: Scipio’s nephew, tribune c. 129 BC. Legal scholar dedicated to Stoicism.
  • Gaius Fannius: consul in 122 BC, follower of Stoicism, historian and orator. Son-in-law to Laelius.
  • Publius Rutilius Rufus: a politician admired for his honesty, dedicated to Stoicism.

Book One

Missing its preface, the text we have starts in mid sentence and mid argument. Cicero is arguing against the Epicurean belief that the educated man should hold aloof from politics in order to preserve his calm. On the contrary, Cicero argues that the highest form of moral activity and of virtue consists of the practical application of morality in the practice of statecraft.

Then Cicero the narrator hands over to the supposed discussion held at Scipio’s house where his guests ask Scipio’s opinions.

The conversation starts with one of his visitors talking about the rare phenomenon of two suns being seen in the sky. But Scipio repeats the Greek idea (Aristotle) that there is little we can know about the workings of the cosmos whereas we very much can study human beings, how they behave, morality, epistemology and so on, and that’s what we ought to do.

Scipio follows his Greek predecessors in claiming that human beings seem to have an innate compulsion to live together in communities i.e. we are not a solitary species (Book I, section 39). When this happens there are three ways communities of humans organise their power: monarchy, aristocracy and democracy. Each has its merits:

Kings attract us by affection, aristocracies by good sense, and democracies by freedom. (I, 55)

Each has a dark side, when it becomes corrupt. Monarchy becomes despotism, aristocracy becomes oligarchy and democracy becomes mob rule (I, 44).

Personally, Scipio thinks a careful mixture of all three is best (I, 69), but if he had to pick just one it would be monarchy. This is because there is only one king god in heaven, Jupiter (I, 57). Every family has only one father and a king is like the father of his subjects (I, 54). There can be only one ruling element in the human mind, which is sovereign over all the other passions, and this is Reason (I, 60). Only one person can run a household, only one person can be in charge of a ship, only one person can treat us for illness. And when people are deprived of a just king they are like orphans.

But the weakness of rule by a king is that when they go wrong, they go really wrong and become tyrants. Therefore the most stable and also the most ‘just’ form of government is one which permits a balance of power between the different classes and so is ‘equally just to all ranks of society’ (II, 55). He thinks this has best been achieved by the Roman constitution with its balance between the powers of a king (vested for one year only in the role of the consuls), the moderating influence of the aristocracy (embodied by the wisdom and experience of the senate and a voting system heavily skewed towards the rich and ‘best’ in society) and the voice of the people (expressed in the office of tribune of the plebs and the voting power of the people’s assemblies).

Book two

Scipio/Cicero come to the bold conclusion that the best possible political constitution in the world is the one created by their Roman forebears and handed down to himself and his contemporaries, the inheritance of Rome, ‘the greatest State of all’!

This is as laughably self-centred as the great German philosopher Hegel pondering deeply and concluding that the best possible way to organise a society was…the constitution of the Prussian state of his day! Or the booming confidence of late Victorians that the British Empire with its constitutional monarchy was the best imaginable form of government.

He gives a deeply traditional and patriotic account of the founding of Rome by the wise and godlike Romulus and the cumulative constitutional innovations of the traditional and legendary seven kings of Rome, dwelling on each of them at some length and the great virtues of the Roman people:

The Roman people became strong, not by chance, but through their own good sense and their firm system of values… (II, 30)

The underlying point of book two is that the Roman constitution wasn’t created by one wise lawgiver (cf Lycurgus of Sparta or Solon of Athens) but developed and evolved over a long period, with successive rules adding processes, creating the complex voting procedures, organising the population into tribes but also, for voting purposes, into centuries, and setting up assemblies where they could debate. What struck me is how close this is to the justification of English traditionalists for the English constitution, which is nowhere written down but amounts to a tangle of precedents and traditions.

This is sort of interesting but it is history not philosophy or political theory, history with occasional comments. The notes to the Oxford University Press translation point out where Scipio differs from the more comprehensive account given by Titus Livius (Livy) in his history of Rome written 10 or 15 years later, which is indicative of the way the account of sort of interesting but mainly of academic interest.

At the same time as the thinking is fairly simplistic there’s also something hyperbolical and exaggerated about Scipio’s diction:

As soon as this king turned to a mastery less just than before, he instantly became a tyrant, and no creature more vile or horrible than a tyrant, or more hateful to gods and men, can be imagined ; for, though he bears a human form, yet he surpasses the most monstrous of the wild beasts in the cruelty of his nature. (II, 49)

The underlying thought is as simple minded as a fairy story, but the language has the vehemence of a rabble-rousing political speech. Either way, it often has neither the depth or sober objective language you might expect from ‘philosophy’.

In section 54 Scipio makes explicit why he is reviewing early Roman constitutional history in such detail: it is to point to examples of the wise men who created new and useful innovations. Publius Valerius emerges as a notable example, the man who demonstrated his wisdom by: moving house from the top of the Velian Hill where the kings had lived; passing a law forbidding a Roman citizen from being flogged or put to death without appeal; had a colleague elected as co-ruler, to be called consuls, and decided that they would rule on alternate months and be guarded by lictors only for that month.

This brings out something he’d mentioned earlier which is the aim of this discourse is not to debate the theoretical nature of an ideal state, as Plato did in his Republic, but to describe the practical reality of such a state and, especially, the qualities required of the Ideal Stateman to run it.

Towards the end of book 2 Scipio recapitulates:

I defined the three commendable types of States and the three bad types which are their opposites. Next I demonstrated that no single one of these types is the ideal, but that a form of government which is an equal mixture of the three good forms is superior to any of them by itself. As for my using our own State as a pattern, I did so, not to help me to define the ideal constitution (for that could be done without using any pattern at all), but in order to show, by illustrations from the actual history of the greatest State of all, what it was that reason and speech were striving to make clear.

The ideal statesman:

He should be given almost no other duties than this one (for it comprises most of the others) – of improving and examining himself continually, urging others to imitate him, and by the splendour of his mind and conduct offering himself as a mirror to his fellow citizens. (II, 69)

Here you can see how, lacking any knowledge of economics or class or social or technological developments, no financial theory and no knowledge of the vast amounts of data we have been collecting about ‘society’ since the industrial revolution and which underpin all modern politics – in this huge vacuum of knowledge Cicero, like Sallust and Plutarch, conceives of politics as being predominantly about individuals and, this being so, overly obsess about the character of the Ideal Statesman, completely omitting the proficiency in economics, law, and statistics which modern politics call for, and the way the huge structure of the state bureaucracy measures outcomes by data: inflation, unemployment, GDP, health outcomes and so on.

By contrast with the vast complexity of the modern state, Cicero’s image of the Ideal Ruler is closer to fairy tale than modern political theory: ‘…by the splendour of his mind and conduct offering himself as a mirror to his fellow citizens.’

I suppose it represents an enormous shift from a theory based on morality and ethics to one based entirely on utilitarian values: does it work, is it good for the economy, for most people, is it good for my core voters, these are the questions a modern politicians asks.

And the absence of the huge body of theory and statistical information which forms the basis of modern politics explains why political ‘philosophy’ from Plato, through the Dark Ages, Middle Ages, Renaissance and well into the modern era relied on analogies rather than data. They had nothing else to go on. So they compared the ideal state to a well-ordered mind, or to the human body where all the parts have to co-operate, or to the harmonious movements of the celestial bodies through the heaves; or compared Reason’s control over the mind to a father’s control over his sons or a master’s control over his slaves (III, 37) etc etc. Analogy rather than data.

All this is sweet and lovely but like a child’s colouring book compared to the complex technocracy of the modern state. Immersing yourself in a text like this continually reminds the reader of children’s books and fairy tales.

Book three

Fragments in which Cicero explains that despite our failings, humans have inside us the divine fire of Reason. He briefly sketches the invention of language (interesting) and maths before moving onto teachers or truth and moral excellence blah blah which, when put into practice, leads to the art of governing.

Comparison of philosophers, who teach moral excellence and best conduct through words alone, and statesmen, who promote moral excellence and best conduct through actions and laws. Clearly the latter are more effective and important (III, 7).

The 12 or so pages of fragments we have of book 3 indicate that it was conceived as a debate between Laelius and Philus about whether injustice is a necessary part of political rule, whether it is inevitable and unavoidable. What gives ancient books like this their flavour is the inclusion of myths and legends and fanciful imagery which, to repeat myself, are more like fairy tales than political analysis. Thus Philus kicks off his presentation of the case that injustice is an inevitable and necessary part of politics by asking his audience to imagine they are flying in a chariot of winged snakes:

If one could visit many diverse nations and cities and examine them, travelling about in Pacuvius’ famous ‘chariot of winged snakes’ one would see first of all in Egypt, a land which has escaped change more successfully than any other, and which preserves in written records the events of countless centuries, a bull, which the Egyptians call Apis, is deemed a god, and many other monsters and animals of every sort are held sacred as divine. (III, 14)

When he gets going, Philus makes a persuasive argument that there is no such thing as natural justice, nature does not implant justice in the human mind, there are no universal laws. On the contrary, the point of his metaphor of flying over the countries of the Mediterranean is to survey just how varied and irreconcilable all their laws, and customs and religions are with each other. QED: there is no one universal law or notion of justice.

No fewer than 80 leaves of book 3 are missing. From references and summaries in other, later authors we know some of the contents. Apparently Philus makes the anti-Roman point that empire is nothing but stealing other people’s lands and goods. Romans hold aggressive generals to be epitomes of valour and excellence (‘He advanced the bounds of empire’ is their highest compliment) when they are, of course, the same as all other aggressive conquerors of all other nations. The fact that the Romans have priests formally declare war just shows their hypocrisy in dressing up greed and criminality in fancy words.

When we come back to the actual text Philus makes the simple (and, to the modern mind, sympathetic) argument that the kind of mixed constitution supported by Scipio doesn’t derive from Virtue and Wisdom but from the simple fact that each rank (or class) fears the power of the others and so seeks to check it (a proto-Hobbesian view, maybe). The mother or justice is not nature or virtue but weakness and fear.

The good life is based, not on virtue, justice and selflessness, but on looking out for yourself and your family, on practical assessments of what will bring you most benefit. And as with families so with states: dress it up how you like, statecraft and international affairs are based on brute assessments of power and self interest. And they should be (III, 28).

This is thrilling stuff and the editor of the OUP edition (Niall Rudd) notes that, once Philus has finished his case, Laelius, who follows and argues the contrary case, can’t really rebut his analysis and so ignores his points to argue something slightly different, which is the importance of the notion of justice for the administration of a state.

It is symptomatic of the conservatism and narrow-mindedness of Roman thought that this negative, cynical and so unpopular point of view is attributed to a foreigner, a Greek, the philosopher Carneades and that when Laelius speaks, he roundly attacks it for its immorality and calls Carneades ‘a filthy scoundrel’ (III, 32).

Laelius proceeds to give a positive but very naive definition of law as a Platonic fact of nature, eternal and unchanging, which all men must obey, which sounds magnificent and is obvious tripe:

True law is right reason in agreement with nature. It is of universal application, unchanging and everlasting. It summons to duty by its commands, and averts from wrongdoing by its prohibitions… It is a sin to try to alter this law, nor is it allowable to attempt to repeal any part of it, and it is impossible to abolish it… We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God who is the author, proposer and interpreter of that law. (III, 33)

Laelius appears to go on to describe how this eternal law was embodied and followed by specific Romans from history, but we have only fragments.

Then Scipio comes back in as the main speaker, recapitulating his idea of the three types of government, asking which one is the ‘true’ meaning of a republic. The text breaks off abruptly just as the speakers were going to address the merits of the uncorrupted versions of the three types.

Book four

The subject of book four is clearly intended to be Education and address the question: what kind of education is best for citizens of the ideal state? As with the other books, Cicero does not proceed from philosophical first principles, as per Plato, but ranges far and wide through Roman and Greek history, comparing practices and laws. But the book is in, to quote Rudd’s words, ‘a pitiful state’, barely four pages of fragments. The longest fragment is where a speaker is made to explain at length why poets and playwrights should not be allowed to pillory statesmen and generals (IV, 11 to 12).

This, in my opinion, is the problem with all theories which start out by defining Virtue and Morality and The Good and so on – they always lead to strict definitions, which themselves inevitably lead to very strict rules about encouraging said Virtue and Suppressing Vice or anything which demeans or criticises Virtue or encourages Vice.

And so, by a few easy steps, these arguments all-too-often arrive, with the ‘noblest’ of intentions, at state censorship: the censorship of Cromwell’s England, revolutionary France, Stalin’s Russia, Hitler’s Germany, Taliban Afghanistan and any number of authoritarian regimes in between. Anyone who sets out to define or justify Absolute Values ends up defending absolutist states. (Discuss)

Book five

This was evidently meant to address the character of the Ideal Statesman but is even more fragmentary than book four, with only sections 3, 5, 6 and 7 surviving (each book originally had up to 100 sections) and a handful of scraps barely making up 3 pages of a modern book.

What we have is a lament that in the olden days Rome was ruled by Great Men, Excellent Men, Men of Virtue who knew how to rule wisely, but the present age is ruled by the selfish and greedy who have let the excellent institutions they inherited decay and collapse.

What we have is a lament that in the olden days Rome was ruled by Great Men, Excellent Men, Men of Virtue who knew how to rule wisely, but the present age is ruled by the selfish and greedy who have let the excellent institutions they inherited decay and collapse. Where are the great men of yesteryear? This developed into a stereotyped genre or topic during the Middle Ages which was given its own name, the ubi sunt (‘where are they?’) topos.

Long before living memory our ancestral way of life produced outstanding men, and those excellent men preserved the old way of life and the institutions of our forefathers. (V, 1)

But:

What remains of those ancient customs on which he said the state of Rome stood firm? We see them so ruined by neglect that not only do they go unobserved, they are no longer known. (V, 2)

Oh woe. But then every generation feels it is living in a uniquely degraded era when the great institutions it inherited from the past are collapsing and where are the Great Leaders of yesteryear and the end times are upon us. But they never are. We muddle through and 20 years later people look back to that time as a golden age.

I spent most of the 1990s ashamed of living under the government of the bumbling poltroon John Major – and yet now I regularly read articles which look back to the 90s as a golden age. Plus ca change…

Book six

In even worse state than book 5, with barely a page and a half of disconnected fragments. What does survive intact is the passage which was intended to conclude the entire book. In current editions this is numbered sections 9 to 29. It is the concluding passage in which the main speaker, Scipio, tells his companions about a dream he had. In this dream he is whirled up into heaven and sees a) the structure of the solar system and the universe and b) the smallness of the earth and the littleness of human existence. This passage has survived because the 4th century AD Roman grammarian and philosopher Macrobius wrote an extensive commentary about it. This commentary became very popular during the Middle Ages, helping to define the medieval view of the cosmos and surviving in multiple copies. So, in this roundabout manner, these 20 sections of Cicero’s book survive.

In the Dream Scipio describes how his adoptive grandfather comes to him and predicts the future, namely that he will be elected consul, destroy Carthage and be given a triumph in Rome, before being sent to end the war in Spain and serving as consul a second time.

But this is just the beginning. He is introduced to the spirit of his father, Paulus, who explains how souls are derived from the stars (they are now standing in the middle of the sky among the stars) before being consigned to a body down there on earth. How can you escape from the body and join the other spirits? Here is the point of the vision and the climax of the book’s entire consideration of political theory: you get to heaven by doing your patriotic duty.

Respect justice and do your duty. That is important in the case of parents and relatives, and paramount in the case of one’s country. That is the way of life which leads to heaven and to the company, here, of those who have already completed their lives. (VI, 16)

Cicero shows his difference from the Greek philosophers he copied in his very Roman emphasis on the practical. After all the fine talk about constitutions and justice and the character of the statesman, what matters is doing your patriotic duty.

There is a kind of path for noble patriots leading to the gate of heaven… (VI, 26)

The true part of a man is his mind, not his body. The mind is immortal, godlike. The best way to employ this godlike mind is in activity for the safety of one’s country. Minds which have devoted themselves to this cause will fly more quickly to heaven (VI, 29). If Cicero was standing to attention saluting the flag with tears running down his face while the national anthem played, the intended conclusion of his book could hardly be more sentimentally patriotic.

Which makes sense because this is precisely how the entire book opens. The very first sentence reads: ‘Had it not been for his sense of patriotic duty […] would not have delivered our country…’ (I, 1) and goes on to assert:

I simply state this as a basic fact: nature has given to mankind such a compulsion to do good, and such a desire to defend the well-being of the community, that this force prevails over all the temptations of pleasure and ease. (I, 1)

So it might rope in a number of other subjects along the way, but De republica is fundamentally a work of Roman patriotism.

Thoughts

I found The Republic hard to read for two reasons. It really is very fragmented – the text is continually breaking off mid-sentence with parentheses telling you that 2 or 4 or 80 (!) pages are missing, so that you resume reading a lot further along in the original text, when the characters are discussing a completely different subject. It’s like listening to an old-style LP of a classical symphony that is so scratched that you barely get 20 seconds of melody before it skips 20 seconds or several minutes. Very disconnected. Snippets.

But there’s a deeper problem with the book which is its lack of sophistication, which makes it, ultimately, boring. The best preserved passage in Book One tells us there are three forms of government and each has a debased version, which makes for a neat, schematic table but is, ultimately, useless for our current needs, in Britain, in 2022.

When Scipio argues that monarchy is the best of the three types because there’s only one king of the gods, only one person can be in charge of a household, and only one element, Reason, which controls the mind…well, these are quaint ways of thinking – using child-like analogies rather than data, as I explained above – which have a sort of historical interest, but they’re not ideas anyone alive today would waste their time espousing.

And most of the contents are like that. Of antiquarian interest but nothing much to make you sit up and think. The actual history of the late republic, when Cicero was writing, is much more thought-provoking than this essay.

I appreciate that Cicero was writing a kind of abstract, a pedagogical text designed to raise the standard of political discourse in his own time – but in actual fact, nothing he wrote affected the fate of the Roman Republic in the slightest, and it is highly symbolic that the head that conceived these highfalutin ideas and the hands that wrote them were chopped off by Mark Antony’s bounty hunters. That was the utterly unscrupulous, deeply, immoral and justice-free reality of Roman politics.

A list of analogies

Once I’d realised that Cicero’s thought is guided more by analogies than data or statistics (of which he has almost no concept, apart from election results and the size of armies), it amused me to collect analogies from the last few books, although too late to compile a definitive list.

The mind rules over the body like a king over his subjects or a father over his children. The mind rules over its desires like a master over his slaves. (III, 37)

The sun is the mind and regulator of the universe. (VI, 17)

As the god who moves the universe is immortal, so the soul which moves the body is immortal (VI, 26)

Niall Rudd’s translation

A word of praise for this Oxford University Press edition. I described, probably at too much length, how strongly I disliked the prose styles and odd attitudes of A.J. Woodman, who translated Sallust, and Carolyn Hammond, who translated Caesar’s Gallic War, both for OUP, so that I abandoned reading both their translations. This edition restored my faith in OUP editions of the classics.

The introduction, mostly written by Jonathan Powell, is a model of lucidity, useful and to the point, as are the extensive notes, scholarly and interesting. There is a useful list of names and also an appendix giving a handy summary of the sometimes confusing Roman constitution.

The translation is by Professor Niall Rudd (1927 to 2015) and was first published in 1998. It is clear and unaffected – you feel you are engaging directly with the text. I cannot judge its fidelity to the source Latin, but it makes for a lucid, engaging read, as I hope you can tell from the many quotations I take from it. All round, it is a gold standard edition.


Credit

The Republic and The Laws by Cicero, translated by Niall Rudd with introduction and notes by Jonathan Powell and Niall Rudd, was published by Oxford University Press in 1998. All references are to the 2008 paperback edition.

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Roman reviews

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