The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff (2004)

How should democracies respond to terrorist attacks? In particular, How much violence, secrecy and violations of human rights should a Western government deploy in order to safeguard a democratic state which, ironically, claims to deplore violence, secrecy and loudly promotes human rights?

How far can a democracy resort to these means without undermining and to some extent damaging the very values it claims to be defending?

How far can it go to deploy the lesser evil of abrogating some people’s human rights in order to ensure the greater good of ensuring the security and safety of the majority? These are the questions Ignatieff sets out to address in this book.

The book is based on a series of six lectures Ignatieff gave at the University of Edinburgh in 2003. Obviously the context for the lectures and their starting point was the aftermath of the 9/11 terrorist attacks on America.

Historical context – the War on Terror

It’s difficult now to recreate the mood of hysteria which gripped so much public discourse in the aftermath of the 9/11 attacks. US President George W. Bush declared a War on Terror (18 September 2001) which justified major military attacks on Afghanistan (Operation Enduring Freedom starting 7 October 2001), then Iraq (Operation Iraqi Freedom starting 20 March 2003), alongside combat operations in a number of other Muslim countries (the Philippines, Sudan et al). The US Congress passed a law allowing the President to declare war on anyone he thought was a threat. In his State of the Union speech, 29 January 2002, Bush singled out three likely contenders as the so-called ‘Axis of Evil’, being Iran, Iraq and North Korea.

Apart from the mismanagement of the two major wars, in Afghanistan and Iraq, the most contentious aspect of the so-called War on Terror became what many perceived to be the egregious breaches of human rights which a newly bullish America began to practice. Critics claimed the so-called war was in reality an excuse for creating a hi-tech surveillance state, for reducing civil liberties and infringing human rights.

Within a month of the 9/11 attacks the US government passed the Patriot Act which included three main provisions:

  • expanded surveillance abilities of law enforcement, including by tapping domestic and international phones
  • easier inter-agency communication to allow federal agencies to more effectively use all available resources in counter-terrorism efforts
  • increased penalties for terrorism crimes and an expanded list of activities which would qualify for terrorism charges

The law upset human rights groups on various grounds, for example, the powers given law enforcement agencies to search property and records without a warrant, consent, or even knowledge of the targets. But the single most contentious provision was its authorisation of indefinite detention without trial, which became associated with the notorious detention centre at the Guantanamo Bay Naval Base in Cuba,

Ignatieff’s approach

The lectures were given at the heart of this period (2003), 18 months into the War on Terror, as the Patriot Act was still being rolled out, just after the US government launched its invasion of Iraq (March 2003).

In his introduction Ignatieff makes the point that already, by 2003, there was a well-developed legalistic literature on all these issues. He is not going to add to that (he isn’t a lawyer). He wants to take a broader moral point of view, bringing in philosophical and even literary writers from the whole Western tradition, to try and set the present moment in a much broader cultural context.

My purpose is…to articulate what values we are trying to save from attack. (p.xvii)

It’s worth noting that at the time he wrote and delivered these lectures, Ignatieff was the director of the Carr Center for Human Rights at Harvard’s Kennedy School of Government. I.e. he didn’t have an amateur, journalistic interest in these issues, but was a senior academic expert in them.

Contents

The text is full of Ignatieff’s trademark complex, subtle and often agonised moral reflections, mixing reportage on contemporary politics with references to writers of the past, continually teasing out subtle and often very illuminating insights. At the same time, as I worked my way through the rather laborious networks of arguments, I began to have less and less confidence in his arguments. Fine words butter no parsnips and seminars on moral philosophy can go on forever. What were his practical conclusions and recommendations?

Chapter 1. Democracy and the Lesser Evil

Democracies have often deployed coercive measures, seeing them as the lesser evil deployed to avert the greater evil of terrorism, civil conflict and so on. But it requires that the measures can be justified publicly, subject to judicial review, and have sunset clauses i.e. fixed lengths so they don’t become permanent features of the society.

Government infringement of its citizens’ rights must be tested under adversarial review. This idea recurs again and again in the text. The defining feature of democracies is intricate sets of checks and balances. If some rights have to be abrogated during emergencies, these suspensions can still be independently tested, by judges, by independent advisers, and they will eventually have to be revealed to the citizens for ultimate approval.

There is a spectrum of opinions on suspending civil liberties. At one end, pure civil libertarians maintain that no violations of rights can ever be justified. At the other end, pragmatists eschew moral principles and judge restrictive legislation purely on practical outcomes. Ignatieff is somewhere in the middle, confident that actions which breach ‘foundational commitments to justice and dignity – torture, illegal detention, unlawful assassination’ – should be beyond the pale. But defining precisely what constitutes torture, which detentions are or are not legal, where killing is or is not justified, that’s the problem area.

If lawyers and politicians and intellectuals are going to bicker about these issues forever i.e. there will never be fixed and agreed definitions, the one thing all good democrats can rally round is ‘to strengthen the process of adversarial review‘ i.e. to put in place independent review of government measures.

Chapter 2. The Ethics of Emergency

If laws can be abridged and liberties suspended during an ’emergency’, what remains of their legitimacy in times of peace? If laws are rules, and emergencies make exceptions to theses rules, how can their authority survive once exceptions are made? (p.25)

Chapter 2 examines the impact the emergency suspensions of civil liberties has on the rule of law and civil rights. Does the emergency derogation of normal rights strengthen or weaken the rule of law which we pride ourselves on in the Western democracies?

Ignatieff takes the middle ground that suspension of rights does not destroy them or undermine the normal practice of them, indeed helps to preserve them – provided they are ‘temporary, publicly justified, and deployed only as a last resort.’

Chapter 3. The Weakness of the Strong

Why do liberal democracies to habitually over-react to terrorist threats? Why do we seem so quick to barter away our liberties? One way to explain it is that majorities (i.e. most of us) are happy to deprive small and relatively powerless minorities (in the War against Terror, Muslims and immigrants) of their rights in order to achieve ‘security’.

But our opponents have rights, too. Just as in the debate over freedom of speech, any fool can approve free speech which they agree with, it’s harder to fight for the right of people to say things you dislike or actively think are wrong. But that is the essence of free speech, that is its crucial test – allowing the expression of opinions and views you violently disagree with, believe are wrong and immoral. It is precisely these kinds of views we should make every effort to allow free expression. ‘I may not agree with what you have to say, but I will defend to the death your right to say it,’ as Voltaire famously put it.

It’s easy and uncontroversial to defend the human rights of poets and activists who protested against apartheid or communist oppression. Much harder to insist that detainees being grabbed in Iraq or Syria or anywhere else in the Arab world and flown half way round the world and who might well be members of al Qaeda or ISIL, are provided just the same level of legal representation and rights as you and me. But that is exactly the test of our commitment to human rights: whether we extend them to our bitterest enemies.

Same goes for the other elements in the system of checks and balances, namely the other wings of government, the courts and the media. The temptation and the tendency is for everybody to ‘rally round the flag’ but this is exactly the opposite of what ought to happen. The American constitution vests power in the Presidency to take extraordinary steps in times of crisis or war but that is precisely the moment when the other elements in the division of power should increase their oversight of executive actions.

In his searing indictment of America’s mismanagement of the war in Iraq, Thomas E Ricks makes just this point. The build-up to the war involved questionable evidence (about weapons of mass destruction), wrong assumptions (about the response of the Iraqi population to foreign invasion), criminal mismanagement and the complete absence of a plan for the aftermath. While describing all this in forensic detail, Ricks points out that this is precisely the point when the administration’s plans should have been subjected to intense and critical scrutiny, something which might have saved tens of thousands of lives, billions of money, untold materiel. Instead, in the atmosphere of hysterical patriotism which gripped America, Congress rolled over and approved the plans with little serious examination and the press turned into bombastic cheerleaders. Both miserably failed to live up to the roles assigned to them in a free democratic society.

In fact most of this chapter is taken up with a useful and informative history of terrorism as a political tactic, starting with the Nihilists in nineteenth century Russia, then onto the two great loci of political violence, in revolutionary Russia and Weimar Germany, before turning to post-war terrorism in Latin America (Chile, Colombia, Peru), in Sri Lanka, in Israel, before cycling back to Europe and the 1970s terrorism of the Baader-Meinhof Gang and the Red Brigades, before a brief consideration of the separatist/nationalist terrorism faced by Britain in Northern Ireland and Spain in the Basque Country.

Ignatieff’s summary from this brief conspectus is that terrorism never works, it never achieves its political aims. The Russian and Weimar regimes weren’t undone by political violence but by the cataclysm of World War One and the Great Depression, respectively. Marxist terrorism in 1970s Germany and Italy aimed to create media spectaculars and psychological tipping points whereby the population would be woken from their slumber, rise up and overthrow the repressive bourgeois state etc. Complete failure with the terrorists either committing suicide or publicly recanting.

In Latin America political terrorism either produced the exact opposite of what was intended, for example in Argentina, where it helped a repressive military junta into power. Or, as in Sri Lanka and some extent Israel, it became a stalemate that extended over such a long period of time that it became the social reality of the country, giving rise to a society characterised by random atrocities, intimidation of local populations by the terrorists, and repressive state apparatuses. The host society wasn’t liberated and transformed but permanently degraded.

Ignatieff then considers how the British, on the whole, managed the Northern Ireland situation successfully by abrogating various civil rights but under the aegis of government and judicial review.

But part of the reason his review of traditional terrorism is so enjoyable is because it’s so familiar from decades of print and TV journalism – but this itself highlights, I think, a weakness of the whole book: which is that the campaign of al Qaeda and related groups was not to achieve political change (like the Marxist terrorist groups of the 1970s) or to achieve constitutional change / nationalist independence (as with the Basques or, at the other end of the Europe, the Kurdish terrorist groups in Turkey). Those aims could both be handled in Ignatieff’s model i.e. carefully incorporated into the existing political structures.

By contrast Al Qaeda wanted to destroy the West not only as a goal in itself but as part of an even grander aim which was to undermine the contemporary world order of nation-states and re-create the historical umma, the worldwide community of Muslims that was once held together under the caliphate of the prophet Mohammed. Osama bin Laden identified America as the chief bulwark of the existing world order, especially in the Arab world, where it subsidised and underpinned repressive states. So as a first step to remodelling the world, bin Laden ordered his followers to attack Western targets anywhere, at any time.

Ignatieff was writing in 2003. We had yet to have the 2004 Madrid train bombings (193 dead), the 7/7 2005 attacks in London (56 dead), the Boston Marathon bombing on 15 April 2013 (3 dead), the 18 March 2015 attack on a beach in Tunisia (21 dead), the 13 November 2015 attack at the Bataclan theatre in Paris (90 dead), the Manchester Arena bombing on 22 May 2017 (23 dead), plus numerous other Islamist atrocities in countries further afield.

If the central aim of al Qaeda and its affiliates is to kill and maim as many Westerners as possible, it’s difficult to see how this can be incorporated into any kind of political process. And in the next chapter Ignatieff indeed concludes that the organisation itself can only be defeated militarily.

Chapter 4. The Strength of the Weak

An examination of terrorism itself.

In this chapter I want to distinguish among forms of terrorism, identify the political claims terrorists use to justify violence against civilians, and propose political strategies to defeat them (p.82)

Ignatieff considers terrorism the resort of groups who are suppressed and oppressed, who have no voice and no say in the power structures which rule over them. He gives a handy categorisation of six types of terrorism:

  1. insurrectionary terrorism aimed at the revolutionary overthrow of a state
  2. loner or issue terrorism, aimed at promoting a single cause
  3. liberation terrorism, aimed at the overthrow of a colonial regime
  4. separatist terrorism, aiming at independence for a subordinate ethnic or religious group within a state
  5. occupation terrorism, aimed at driving an occupying force from territory acquired through war or conquest
  6. global terrorism, aimed not at the liberation of a particular group, but at inflicting damage and humiliation on a global power

With the last one sounding like it’s been made up to describe al Qaeda-style hatred of America.

Terrorism presents a classic challenge for liberals, who have traditionally been on the side of the underdog and oppressed minorities, from the early trade unions to blacks under apartheid, and so often have an instinctive sympathy for the social or political or economic causes of terrorism but who, obviously, want to stop short of supporting actual acts of violence. Where do you draw the line?

Ignatieff says the only practical solution is to ensure that the oppressed always have peaceful political means to address their grievances. Purely military means cannot solve terrorism. It requires political solutions, above all bringing the voiceless into peaceful political processes. He doesn’t mention it but I think of how the warring factions in Northern Ireland were cajoled into joining a political ‘peace process’ which promised to take seriously the concerns of all sides and parties, to listen to all grievances and try to resolve them in a peaceful, political way.

Mrs Thatcher said ‘we do not talk to terrorists’ but, rather as with free speech, it is precisely the terrorists that you should be talking to, to figure out how their grievances can be addressed and the violence be brought to an end.

Thus even if al Qaeda’s values come from completely outside the modern framework of human rights, even if they base themselves on Islamic traditions of jihad and unrelenting war against the infidel, even if they cannot be reasoned with but only crushed militarily, this doesn’t prevent Ignatieff making the obvious point that we in the West can still bring pressure to bear on many authoritarian Arab regimes to try and remove the causes of grievance which drive young men into these causes. These would include overt American imperialism; repressive police policies which enact brutal violence and deny human rights; lack of pluralistic political systems i.e. which allow subaltern voices a say and some influence. And so on (pages 99 to 101).

The weak and oppressed must be given a peaceful political alternative that enables them to rise up against the violence exercised in their name. (p.106)

The Arab future

Trouble is, a lot of this kind of hopeful rhetoric was claimed for the movements of the so-called Arab Spring of 2011, when authoritarian regimes were overthrown in Libya, Egypt and nearly in Syria. Just a few years later it was clear that the ‘spring’ comprehensively failed: an even more authoritarian regime was in place in Egypt, Libya had split into warlord-run areas and a ruinous civil war had bedded down in Syria which would pave the way for the rise of ISIS.

Personally, I think the countries in that part of the world which aren’t lucky enough to be sitting on vast reserves of oil will be condemned to perpetual poverty and conflict, because of:

  • the lack of traditions of individual civic responsibility and the complex matrix of civil society organisations which make the Western countries stable as politically stable as they are;
  • as the main offshoot of the above – universal corruption
  • the entrenched political tradition of strong rulers invoking ethnic nationalism or Islamic models of rule or both (Nasser, Gaddafi, Saddam)
  • what Ignatieff calls ‘the corruption and decay of the Arab and Islamic political order’ (p.152)
  • the economic backwardness of most Arab countries i.e. preponderance of subsistence agriculture
  • widespread lack of education
  • marginalisation / lack of education or political rights for women
  • the extraordinary population explosion (when I first visited Egypt in 1981 it had a population of 45 million; now it’s 110 million) which ensures widespread poverty
  • and now, the speedy degradation of the environment by climate change (loss of water and agricultural land)

One or two of these would be tricky challenges enough. All of them together will ensure that most countries in the Arab world will remain breeding grounds for angry, aggrieved and unemployed young men who can be persuaded to carry out atrocities and terrorist acts against domestic or Western targets, for the foreseeable future.

Chapter 5. The Temptations of Nihilism

This chapter addresses the way that, in the absence of peaceful talks, terrorist campaigns tend to degenerate into destruction and killing for their own sake, as does the behaviour of the authorities and security services set to combat them. Tit-for-tat killing becomes an end in itself. Violence begets violence in a downward spiral.

This is the most serious ethical trap lying in wait in the long war on terror that stretches before us. (p.115)

Ignatieff realises that this well-observed tendency can be used by opponents of his notion of ‘the lesser evil’ i.e. the moderate and constantly scrutinised, temporary abrogation of human rights. Their argument goes that what begins as a high-minded, carefully defined and temporary ‘abrogation’ of human rights law has so often in the past degenerated into abuse, which then becomes standard practice, becomes institutionalised, and then causes permanent damage to the democracies which implemented it.

As you’d expect, Ignatieff meets this claim by breaking the threat down into categories, and then analysing them and the moral problems and issues they throw up.

First, though, he starts the chapter with some low-pressure, enjoyably colourful discussion of Dostoyevsky’s novel, The Possessed – which describes a terrorist group which takes over a remote Russian town – and then of Joseph Conrad’s novel, The Secret Agent, which features a nihilistic character named the Professor, who walks round London with an early version of a suicide vest.

Part of the chapter addresses the practical, administrative problem of preventing anti-terrorist campaigns from descending into violence. But, as mention of the novels suggest, he also explores (as far as anyone can) the psychology of the nihilistic terrorist i.e. people who just want to destroy, for no purpose, with no political aim, for destruction’s sake.

It can be an individual who wants to make a name for themselves through a spectacular, for example Timothy McVeigh who carried out the 1995 Oklahoma City bombing that killed 168 people and injured 680. Lone actors like this are always going to be very difficult to detect or deter.

Then he discusses the Japanese doomsday cult known as Aum Shinrikyo which carried out the deadly Tokyo subway sarin attack in 1995, killing 13 commuters, seriously injuring 54 and affecting 980 more. Terrorists who (claim to) represent an ethnic or nationalist cause can, in principle, be negotiated with for at least two reasons: one is that negotiations may hold out the hope that some at least of their goals may be achieved; the other, is that, insofar as they represent an ethnic group, a population, this population can be worked on to reject the group or moderate its behaviour.

With single actors or death cults, levers of negotiation and bargaining are obviously absent. Having established the key characteristics of these kinds of actors, Ignatieff moves on to a detailed consideration of al Qaeda. In his view it has twisted Islamic teachings so completely as to become a death cult. The 9/11 bombers didn’t leave demands or any way to negotiate – they just wanted to strike a blow at the West, specifically America, and that meant killing as many Americans as possible.

His analysis is on the brief side (there are, obviously, hundreds of books about bin Laden and al Qaeda) but, as usual, throws up fascinating insights and ideas. a) It is impossible to negotiate with a suicide bomber because being negotiated out of detonating is, by definition, a failure of the mission they’ve taken on.

b) More subtly, an organisation that sets out to use suicide bombing as a strategy cannot fail because it has no defined, workable political goals or aims. Bin Laden’s aim of clearing Westerners out of Arab lands, overthrowing the existing Arab states, recreating the 7th century caliphate and implementing Sharia law in full, is not a practical programme, it is a utopian millennarian vision. It is so impractical, it is such a long-term and enormous goal, that true believers can’t, in a sense, be demoralised.

c) And this is where the promise of immortality comes in. Once true believers are promised direct entry into heaven, they have ceased to be political actors and, in this narrow sense, Ignatieff defines them as fanatics.

He adds a distinct and fascinating idea which is that all death cults, and most terrorist groups, have to have a theory which discredits the idea of civilian innocence. Obviously blowing up a load of people going to work in their offices is murder. So, just as obviously, terrorists who do it have been re-educated or indoctrinated not to see it that way. The most basic route is for their ideological leaders to persuade them that nobody is innocent; that so-called ‘civilians’ are as guilty as the acts of repression or infidelity or murder as the armies or forces of their countries.

The Algerian National Liberation Front used this defence to justify blowing up cafes full of civilians as part of their ‘war’. Scores of other terrorist groups use the same justification, erasing the difference between the soldier (a figure defined and attributed specific rights and responsibilities under international convention going back at least as far as the Geneva Conventions) and the civilian (who, under human rights law, is not responsible in warfare and should not be a target).

But this works both ways. For when terrorists are embedded in local populations, emerging to ambush soldiers then disappearing back into the crowd, a tendency develops for those soldiers to come to hate the civilian population and take out their anger and frustration on them. Happened in Vietnam (My Lai etc), happened in Iraq (Haditha etc). And of course all such breakdowns of military discipline it play into the terrorists’ hands by getting the population to move over to support them. That’s why terrorists work hard to trigger them.

So, blurring the difference between soldier and civilian can be practiced by both terrorist and security forces and always heads in the same direction, towards ever-growing atrocity and massacre. Eventually both sides are murdering unarmed civilians, as happened in Bosnia and Kosovo.

Something which distinguishes us from the terrorists is that liberal democracies put huge value on human life, and this particularly applies to civilian human life. Therefore the kinds of massacres which US troops carried out in Vietnam and Iraq sully the reputation and undermine the meaning of liberal democracy itself. I.e. they drag us closer to the indiscriminate violence of our enemies.

These pictures of fanatical death cults are by way of preparing the way for the second half of the chapter which moves on to try and define precisely when two anti-human rights tactics may be used, namely selective assassination and torture. Ignatieff is not an absolutist or civil libertarian i.e. he reluctantly admits that, in addressing the kind of nihilistic fanatics he has described, assassination may be the only way to eliminate people you can’t bargain with, and that extremely ‘coercive’ interrogation may be necessary to extract information from fanatics which may save lives.

This is a detailed discussion of contentious issues, but the bottom line is Ignatieff things they may be permitted, but so long as his basic criteria are fulfilled, namely that they are a) approaches of last resort, after all else has been tried b) and that some kind of independent judicial review or oversight is in place. It is when these kind of policies turn into secret death squads that a rules-based liberal democracy starts to be in trouble.

Ignatieff repeats some familiar objections to torture, namely that it simply doesn’t work, that it produces intense hatred which can motivate those who survive and are released into going on to carry out atrocities, and it degrades those tasked with carrying it out. There’s evidence of post-traumatic stress disorder suffered by American operatives tasked with torturing during the War on Terror.

Typically, Ignatieff adds another point I’d never considered which is that there is a slippery slope from torture to plain murder. This may be for two reasons: the tortured may be converted by the process into such inveterate enemies of the state that their interrogators realise they will never be rehabilitated; and, more sinisterly, the torturers realise they can never release their victims because they themselves, will eventually be implicated i.e. the truth will out. Therefore it’s easier all round just to bump them off. Hence the ‘disappeared’ in South American dictatorships, all those detainees who, after extensive torture, were taken out in helicopters and thrown into the sea. Torture doesn’t just not work, create new enemies and degrade the torturers – it creates a problem of what to do with the tortured? A downward spiral all the way.

Chapter 6. Liberty and Armageddon

The book ends with a bleak discussion of what may happen as and when terrorists acquire weapons of mass destruction i.e. terror attacks on a devastating scale. Are our democracies strong enough to withstand such attacks? How can we strengthen our institutions to ensure that they are?

Ignatieff has a number of suggestions about how to prevent the proliferation of terrifying WMDs. But he comes back to his fundamental position which is that the way to defend and strengthen liberal democracies in the face of increased terrorist threats is to make them more liberal and democratic, not less.

Other thoughts

1. Internecine killing

The text is continually spinning off insights and ideas which I found distracted me from the main flow. For example, the notion that every terror campaign, sooner or later, with complete inevitability, ends up terrorising and killing people on their own side – moderates and ‘sell-outs’ and anybody in their ethnic group or repressed minority who threatens to engage in political discussion with the oppressors. In a sense, moderates are more threatening to a terrorist group than their overt enemy, the repressive state, which is why so many terrorist groups end up killing so many people on their own side (p.104).

2. The threshold of repugnance

The savagery of the Algerian fighters for independence in the 1950s left a permanent scar on the national psyche of all concerned so that when, 30 years after independence (1962) in 1992, the ruling elite disallowed an election which would have given power to the new radical Islamist party, the country very quickly descended into a savage civil war, with Islamic terrorists and government security forces both murdering unarmed civilians they considered guilty of aiding their opponents.

Both sides, with generational memories of the super-violence of the struggle for independence, invoked it and copied it in the new struggle. There was little or no threshold of repugnance to deter them (p.105). Violent civil wars set new lows of behaviour with after-comers can then invoke. The whole process ratchets ever downwards.

3. The world is watching

There’s plenty of evidence that if a movement judges that it needs the help of the outside world (of the ‘international community’ which Ignatieff is so sceptical about in his previous books) then it will tailor its behaviour accordingly. It will, in other words, try to restrain violence.

The African National Congress knew it had strong support across the Western world and put its faith in international pressure eventually bringing a settlement, so that its political leaders (and its defenders in the West) chose to play down the violence of the movement’s activist wings (which, as per rule 1, above, were mostly directed against their own i.e. the black community, witness the invention and widespread use of ‘necklacing).

In other words, the international community counts. It can exert pressure. It can use its leverage to turn liberation movements away from terrorist methods. Up to a point. As long as the movement is well organised, as the ANC was and is. At the other extreme is the Revolutionary United Front (RUF), little more than a rag-tag band of psychopaths, who led an 11-year ‘civil war’, little more than a campaign of terror against their own populations (as described in stomach-churning detail in Anthony Loyd’s book, ‘Another Bloody Love Letter’). They had nothing whatsoever to gain from outside influence except being shut down. So with nothing to lose, they continued their killing sprees for 11 long years (1991 to 2002).

At the other end of the organisational scale, Russia was able to carry out atrocities and conduct a war of total destruction in Chechnya because they know no-one was looking (it was almost impossible for foreign journalists to get in) and nobody cared (it wasn’t a location of strategic significance, no oil, none of the racial discrimination the West gets so worked up about) so mass murder proceeded with barely a ripple in the Western press.

These examples prove a general rule which is that the ‘international community’ can have some moderating influence on some insurgences, terrorist campaigns and wars (p.98).

Notes and thoughts

This is a complex and sophisticated book. The language of human rights often segues into discussion of particular conventions and international declarations in such a way that to really follow the discussion you have to be pretty familiar with these documents and laws and rules.

I also found some of the political concepts which Ignatieff routinely throws around quite obscure and unfamiliar – communitarianism, the conservative principle, adversarial justification, the decision cycle and so on.

I got along with his first political book, ‘Blood and Belonging’, very well. Ignatieff began his discussions with detailed descriptions of the political situations in half a dozen countries, giving plenty of colour and a good feel for the place, its history and issues and people, before getting on to the philosophical discussion, and only applied a handful of relatively simple ideas in order to shed light on the nationalist conflict he was covering.

This book is the opposite. It is sustained at a high academic level, continually introducing new concepts and making fine distinctions and drawing subtle conclusions, with only passing reference to real world examples. It sustains a level of abstraction which I eventually found exhausting. I wasn’t clever enough, or educated enough in the concepts which Ignatieff routinely throws around, to really make the most of it. Probably the best way to read it is one chapter at a time, going back and working through the logic of his argument, chewing over the tumble of clever conclusions. It’s certainly the most demanding of Ignatieff’s half dozen politics books.

Seven days later

Having pondered and revisited the book for a week, maybe I can offer a better description of how the text works. The best bits of ‘Blood and Belonging’ were where Ignatieff shed light on the psychology of different types of nationalism (especially the crude sort of ethnic nationalism which so quickly degenerates into violence).

The same is true here, as well. The best bit about, say, the chapter on nihilism, is Ignatieff’s categorisation of different types of terrorist psychology, and then his exploration of what each psychology is, how it comes about and works in practice. This is fascinating and hugely increases the reader’s understanding, especially when he applies the categories to real historical examples.

What I found harder going, where I think the book comes adrift, is when he moves on to discuss how ‘we’ in liberal democracies ought to deal with the new post-9/11 terrorism threat. It’s at this point, throughout the book, that he keeps using his concept of ‘the lesser evil’ i.e. we should, temporarily, and with supervision by some kind of objective person like a judge, abrogate some of our treasured human rights in some circumstances, where it’s absolutely necessary – it’s these passages, and the entire concept of ‘the lesser evil’, which I sometimes struggled to understand and never found completely clear or convincing.

Ignatieff’s categorisations and definitions of types of society or politics or terrorism, and his descriptions of the psychologies behind them, I found thrilling because they’re so incisive and instantly clarified my own thinking; whereas his discussions of the ‘morality’ of the political response to terrorism, I found confusing and unsatisfactory.


Credit

The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff was published by Vintage in 2004. All references are to the 2005 Edinburgh University Press paperback edition.

New world disorder 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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