709. De Legibus III by Cicero

709.  De Legibus III by Cicero.   In book II Cicero set forth the laws dealing with religion. In this book Cicero first sets forth the Constitution covering the magistrates and then explains each part.

Cicero gives a fascinating definition of an elected official and the law- the magistrate is a speaking law and the law is a silent magistrate.  Then Cicero uses the word imperium which in his view makes possible the household, city, nation, human race, the physical world, nature and the universe.   He makes the point that the universe obeys God and the lands and seas obey the universe and humans obey Law.  The life of a human is subject to the order of the supreme Law.  It is as though that Cicero equates God with imperium, that power which stands behind all.  It also is very clear, at least to me, that he does not view God as an entity.  

This work of Cicero's it seems establishes the necessity of examining, observing and working in nature to understand the needs of people, the purpose of government and the meaning of life. It seems that the Stoics were the first to connect plants, animals, weather, stars, planet with people to answer human purpose.

It seems that he may view things this way because in this regard he viewed the Stoics as on the best track to understand this confusing web we all are in called life.

Without the wisdom and diligence of a magistrate a state can not exist.  There is more to this than what meets the eyes.  Wisdom is wonderful and well worth the pursuit.  BUT without application, sweat and toil and effort it would not be worth much.

It is the duty of magistrates to know their limits and it is the duty of the people to know how to obey these magistrates.

The kind of magistrate makes clear the character of the state.  This says so much about the system or document which establishes the magistrate but it also is a warning what it means if the character of the magistrate changes and what impact this would have on the system of government or document.  He goes on to say that the kind of state determines the magistrate and the kind of magistrate determines the system of government.  

Cicero does discuss the disgrace of the ambassadorial system which allows people to receive these positions and then proceed to use these for their own personal interests.  Wise and timely words in light of the manner in which our ambassadors are now selected for our own allies and other countries.

Quintus then proceeds to offer a serious critique of the Tribunes of the Plebs.  He sites their use of force in assemblies, their attacks on Senatorial authority.  He gives a number of examples.

Cicero replies that one can not only point out the negatives.  He admits that the good of the office is not possible without the evil it possesses. The power of the Tribune is liable to be used for evil but it is a proper way to direct the energy of the people who themselves would be more cruel.

Cicero points out that a leader is conscious that he is dealing with an issue at his own risk.    Whereas the impulse of the people has no thought of its own danger.  A group possesses its own insulation from retribution.  Thus Cicero points out the value of a board of ten Tribunes.  Each has the power to veto another.  This task of the Tribune to represent the people removes the Senators from envy.  Thus even bad tribunes are better than the alternative.

This discussion by Cicero of the problems and merits of the Tribunes makes it clear that this Republic he suggests is an attainable one.  It is not Plato's republic.

But Cicero also points out that the rights of the Tribunes and the people were granted in such a way that the Senate maintained its authority.

Cicero puts forth a strong defense for the Tribunate.  This is impressive in that a Tribune, Clodius, caused Cicero to be exiled.  

But Cicero in discussing his exile in terms of the Tribunate makes it clear that the Tribunate was not the problem but a crisis of the Republic- cum gravissimo rei publicae tempore.  So Cicero says that his exile was due to a failure of the guardians of the Republic to do their duty.

(It is interesting if one thinks about events not long after this that this crisis of the Republic was dealt with by Caesar by crossing the Rubicon, whereas Cicero answered with books and argument.)

All magistrate have the right to take the auspices and judicial power.  This gives people access to trial and judgements.  

All Senators can only enter the Senate via popular election.  This puts the people in a position to determine who gets elected.  But this is all balanced by the fact that decrees of the Senate are binding.

The key to keeping society in a sensible mode is that leaders set proper standards of behavior for the rest.  This includes a sense of modesty in the size and grandure of houses, manner and dress.

There is a discussion of the secret ballot versus public declaration.  Quintus is in favor of public open voting.  And gives numerous examples of its benefits. He suggests that the idea is not to suggest what is simply possible but what is best.  

But Cicero counters that liberty was wisely granted to the plebs in such a way that the aristocracy possesses authority and can use it. Plus after the plebs have had experience of liberty it is unlikely that they would give it up.  

Cicero's law designates those who can conduct Senate meetings and assemblies.  It must be done in moderation.  That is people must stay in line and act properly and so must those who run the meetings.  Senators have a duty to be present, speak in turn, be brief, unless a filibuster is needed to stop something bad.  Senators are required to know the laws, how laws are made, be hard working, diligent, possess a good memory, knowledge of history.

Cicero planned to discuss the education needed for leaders and other aspects of elected offices but books 4 and 5 did not survive.  Sad.  Very sad.