Tuesday, March 18, 2014

707. De Legibus II by Cicero

R. WILSON'S CICERO AND HIS FRIENDS AT HIS VILLA
707. De Legibus II by Cicero.  Nature is the standard for the character and nature of Law.  Law is eternal and exists whether a person is aware of it or not.  It rules and guides what we should and should not do.  This eternal law is older than states of nations.  Cicero offers as proof that Horatius defended the bridge against numerous enemies and commanded that the bridge be cut down behind him.  He did so at the order or request of no law.

When did this law exist?  It existed the moment reason existed.  The reason present in the very essence of nature.  Cicero is not talking about a law which requires a car to stop at a stop sign.  True law keeps a people and state safe, protects the good life.  A wicked law is never really a law, it is a law in name only.

A state which lacks law is not really a state, therefore law is one of the greatest of goods.

Law is the distinction between just and unjust acts made in terms of the most ancient of all:  Nature.  This law can never be repealed.

Our connection with right and wrong begins with the belief that divinity knows the character of a person.  If intellect exists in a human and humans are part of nature, then intellect exists in nature.  Consequently how can a human be counted a human who is not moved to thankfulness for the order and beauty of the universe?  What possesses reason is superior to what does not.  So, what is superior to Nature?  Nothing.  Reason surely exists in nature.

Without this belief what good is another's oath or promise?  The ultimate source of reason is nature.

There is in chapter 17 a very interesting comment on translating which should give pause to those who say that Cicero had Panaetius in his lap while writing De Officiis.  Most seem to assume that he was translating what Panaetius had to say.  But in this section Cicero says that it is easy to translate the thoughts of another, but "I can not if I wish to present my own ideas."

Then Cicero begins religious laws.  The violations of conscience are handled by the Gods.  The violations of what affect citizens is handled by human law.

Cicero makes the point that mind purity is superior to bodily purity.  For bodily impurity can be removed with a spray of water or time, but mind impurity is permanent.

Poverty and wealth before God are equal.  Explains that temples should be in cities to help people connect with God for the Gods were thought to be everywhere.

The lares in houses must not be abandoned.  It is interesting that Cicero says that the souls of people are immortal but those of people like Hercules are divine.

There should be temples to Mens, Fides, Pietas and Virtus for these would cause people to realize that these divinities exist in themselves.  But only good aspects should have temples.

During holidays there should be no lawsuits and slaves should rest.

The aristocracy should maintain rules and guidelines of religion- this would keep the people connected to the aristocracy.

Cicero has a great deal to say about the importance of Augurs as a brake on extreme behavior and political assemblies.    They merely needed to say- "alio die".

Atticus questions the truth of augural divinations.  Cicero replies- if Gods exist, if the world is ruled by the mind of Gods, why should we deny divination?

There follows a very interesting discussion about Eleusinian Mysteries into which all three (Quintus, Marcus, Atticus) had been initiated.  These rites of initiation soften humanity, create a sense of humanity and allow people to learn the foundation of life and be able to pursue happiness but also anticipate a better hope of death.

It seems clear that this discussion is meant to reinforce the idea that religion can foster a heightened understand of the complexity of nature.  It is almost as though Cicero sees a need for religion to function as  metaphor for the truth of Nature and divinity.  As Pliny once wrote Natura deus est= Nature is God.

No wicked person can give gifts to Gods just as no good person would want a gift from a bad person.

Fields can not be consecrated because these are sacred to all the Gods, just like the hearth in the home.  Gold, silver cause envy and should not be dedicated in temples, no ivory too for it comes from dead animals, bronze and iron as implements of war are not to be found in temples.  But objects made from one piece of wood, stones and textiles which did not take longer than a month to make are excellent.  The best gifts are birds and paintings which one person did in one day.  These all meant to help keep costs down and extravagance away from religion.  These were from Plato- Cicero not so strict- however, it is clear that he sees value in the idea behind these.  He though worries about land taken up for religious purposes and this takes away land useful to people. He is so practical in so many instances.

Cicero talks of civil law lawyers- he suggests that they make it complicated in order to make what they do look more difficult or cumbersomely large or by ignorance of teaching have no idea how to present it so that it is comprehensible.  He makes the point that to know something is part of art but a certain art is part of teaching the art.  For this reason subjects of law are divided into countless categories.  Not bad advice considering todays utter confusion.

Cicero seems to use examples to completely separate civil law from religious law.

The differences in wealth should cease at death.

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