Tag Archives: Law

Review of Cicero’s The Republic and The Law with some of my favorite quotes

 

The Republic and The Laws by Marcus Tullius Cicero

 

I really enjoyed Cicero’s writing and insight into politics and government, but too much of Cicero’s Republic is missing to make it a compelling read. What parts do exist are reminiscent of Plato’s Republic, Aristotle’s Politics, and Polybius’s Histories and Cicero certainly built upon those sources. It is interesting to read what this great man who fought against Cataline, Julius Caesar, Mark Antony, and Octavian/Octavius/Augustus has to say on the topic. I certainly recommend Cicero’s Republic to anybody interested in Roman history or the history of political thought. However, to the more casual reader or those more generally interested in political thought, there is little benefit to reading this book if you already read or plan to read Plato, Aristotle, and Polybius. If we had all of Cicero’s Republic, I’d likely be giving it four or five stars, but it deserves only two or three stars as it exists to us today.

Turning to the second half of the book, The Laws, which appears to be more complete and thus easier to read and review, Cicero argues that laws come from nature, not men. Cicero explains, “Law was not thought up by the intelligence of human beings, not 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… That original and final law is the intelligence of God, who ordains or forbids everything by reason.” In this respect, I found sections of Cicero’s The Laws to be quite similar to Frederic Bastiat’s The Law.

Cicero explains that the Latin word for law, lex, comes from the word for choosing, lego. [Pages 103 and 125. But there is much uncertainty whether this is the actual etymology of the word law.] Thus, the book is primarily designed “to provide a code of living and a system of training for nations and individuals alike.”

Cicero then makes the case that “the highest good is either to live according to nature or to follow nature and live, so to speak, by her law.”

Cicero then describes Rome’s legal code and proposes some changes. This section is sometimes interesting from a historical perspective, but less so in terms of political philosophy. However, it becomes extremely tedious and dull at times when Cicero describes certain aspects of Rome’s laws in depth.

All in all, very insightful, though a bit tedious at times. But the worst aspect is the incongruous nature of the work because of all the missing text. I also wish the notes were put on the bottom of each page rather than in the back. I for one enjoy reading every note and found it difficult to flip back and forth four or five times per page.

In total, I am giving Cicero’s The Republic and The Laws just three stars (out of five). I am sure this would disappoint Cicero greatly, but I place little blame on him. If his writing existed in full, I’m sure he would easily earn four stars and possibly five, though Cicero himself admitted in The Laws that he could not compete with Plato’s writings on the same subject, which is why it would likely earn just four starts while Plato’s Republic and Aristotle’s Politics deserve five stars.

Some great quotes (besides those above) from the book:

History is “the witness of the times, the light of truth, the life of memory, the teacher of life, the messenger from the past.” [From De Oratore 2.36]

“You cannot start a history without setting free time aside; and it cannot be finished in a short period. Moreover, I tend to become confused if, after starting a project, I have to turn to something else. And it’s not so easy to pick up the threads again after breaking off as to take a thing through from start to finish.”

“Without that [authority], no house or state or clan 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.”

“Nothing is more damaging to a state, nothing so contrary to justice and law, nothing less appropriate to a civilized community, than to force through a measure by violence where a country has a settled and established constitution.”

Advertisements

Enumerated Powers Amendment for the Constitution

In addition to repealing the 16th and 17th Amendments and getting rid of the Federal Reserve (all of which began in 1913), I propose this new Amendment:

The federal government shall have no powers beyond those specifically enumerated in the Constitution or absolutely required for the enforcement of those enumerated powers.

The general welfare and commerce clauses do not give the federal government any powers beyond those specifically expressed elsewhere in the Constitution.

All commitments and liabilities of the United States must be honored and paid out either immediately or in their due course. No new commitments or liabilities from unconstitutional programs may be added after the ratification of this amendment.

If anybody has suggestions to improve this amendment, feel free to comment below or email me from the contact page.

The Fall of Civilization is spreading

In a follow-up to The fall of civilization spreads to Oakland, USA Today reports:

Budget cuts are forcing police around the country to stop responding to fraud, burglary and theft calls as officers focus limited resources on violent crime.

Cutbacks in such places as Oakland, Tulsa and Norton, Mass. have forced police to tell residents to file their own reports — online or in writing — for break-ins and other lesser crimes.

In Tulsa, which lost 110 officers to layoffs and retirements, the 739-officer department isn’t sending cops to the scene of larceny, fraud and car theft.

Tulsa police spokesman Jason Willingham says some residents have said they won’t bother to report those crimes any more. “They think nothing is going to be done, so why mess with it,” he said.

In the Boston suburb of Norton, police told residents there may be delays or no response at all to some calls, including vandalism. The department posted the new policy on its website.

“We wanted to let people know about this,” Norton Police Chief Brian Clark said. “We didn’t want people to be surprised.”

As I wrote about Oakland, “The government’s primary job is to protect the people’s rights to life, liberty, and property.” But apparently, the government is abandoning its job of defending our property. I am of course reminded of what John Adams wrote regarding private property in his A Defence of the Constitutions of Government of the United States of America:

“The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. If “Thou shalt not covet” and “Thou shalt not steal” were not commandments of Heaven, they must be made inviolable precepts in every society before it can be civilized or made free.”

In cities such as Oakland, Tulsa, and Norton, “there is not a force of law and public justice to protect it.” So when will anarchy and tyranny commence? Or has it already?

My Totally Biased Required Reading List for Lovers of Liberty

The Federalist Papers: The best description of the principles of liberty and how to apply them.

The Road to Serfdom: Explanation of how big government leads to tyranny.

The Path to Tyranny: Show how big government has historically led to tyranny.

Atlas Shrugged: Shows what the consequences of government intervention on the American economy.

Please suggest other “Required” books in the comments.