547. The Laws- by Marcus Tullius Cicero, translated by Rudd- Summary

547.  The Laws- by Marcus Tullius Cicero, translated by Rudd.  This is the first work which lay the foundations for what we now call Natural Law.  In that sense this work is of monumental importance for the study of the purpose and function of government  and the origin of justice.  Cicero uses Stoic principles as a starting point and as a means of defense for his premise.  His premise is:  the source of law, true law, is to be found in Nature.  That is human nature.  But human nature can not be understood in isolation of the world around us, including the universe.  That is one major hunk to grapple.  When we observe human nature we note that there are common characteristics.  Once these laws are understood we would know by which laws a state should be government.  As far as Cicero was concerned law, true law, is not established by government institutions.  In fact law existed before the first state came into existence.  A law is not a good law because some government body made it but because it measures up well against the principles of Natural Law.  The beauty of this system, in spite of problems, is that it gives a means of evaluating a law, a government.  Might does not make it right to Cicero.  Cicero’s premise is that the whole of nature is ruled by the immortal gods, with their force, plan, power and sway.  Reason is in humans and in the Gods.  Whoever share reason, also share right reason; right reason is law.  We are partners with the gods in law.  The whole universe is shared by Gods and humans.  There are two parts to a human- the body and the mind.  The body is mortal but the mind is eternal.  The connection between gods and humans is a divine connection-  we share reason- this gives humans a loftier purpose.  Cicero knew that there were problems with such an idea. : the difficulty of proving.  But being a Roman he knew that if one wanted to make progress with an argument, better be willing to accept a premise and get going.  Cicero was not fond of spinning wheels.  Makes sense to me.  But with his usual sharp insight into the matter, Cicero suggests that perhaps the best test for his position is this:  can someone come up with a better plan to ensure success for all people on the premise that people once they have understanding of the thrill of expressing their voice and opinion that another system would work better.  Cicero is willing to concede he may be wrong.  It is fun to read such an intelligent man who does not think the world revolves around him/her.  To the question why are we here, Cicero replies- we are born to pursue justice.  This justice is not determined by opinion but by nature.  That is determined by studying all that is related to human kind and that is a mammoth list.  Only a small part of us is put on this earth for ourselves.  We are what we are by the efforts, understanding, quality of those around us.  Sounds to me like we are all in the same boat together.  If Cicero is wrong, then justice as an entity does not exist, it merely is what ever we say it is at the moment ( not much to discuss or draw us together with this idea), virtues will not exist either.  Either he is right or the other choice is anarchy, maybe an intellectual’s anarchy- scares me.  If justice, goodness, etc. are sought for some advantage they bring, there will be no virtues.  T’would be a rather selfish world. If these do not exist , what is to be sought for its own sake?  Any other system one picks would be shallow and very very unsophisticated.  What is the highest good?  Wisdom.  And what is that?  An understanding of how humans fit into the world and their place and role in it and consequently our obligations and responsibility within that world.  In the next book Cicero details religious law.  Religion should not entail any aspect which uses money to distinguish between one person and another.  He can not imagine a society that has no thoughts or concept of some divine being.  In the last book he details the laws for magistrates.  He fully understood that compromise may be better than digging in one’s heels and losing the whole thing.  He was one sensible man.  He seems to realize that one may come close to an ideal government , if one is willing to compromise.  I have a suspicion that his understanding of the human condition dictates that the ideal government  is not possible via inflexibility.  Each book is a discussion between Cicero, his brother and his friend Atticus.  They walk down near a stream and there spend the day.  The setting is beautiful.  It reinforces how much Cicero enjoyed nature and that is certainly appropriate considering the topic.