Let its colour be white, for this is most pleasing to God, as a general emblem of purity, and peculiary appropriate for sacred vestments. Furthermore, when the consuls were abroad in the wars, to the end that the city might not be destitute of governors during their absence, the people created for themselves two officers, called prætors, and these had power given to them, of adding to, or supplying and correcting the civil law of the Twelve Tables; and were wont to propound certain edicts, which, being approved by the people, were incorporated into the civil law, and were called jus prætorium, or the prætorian edicts. For a Edition: current; Page: [151]leader remembers that he is advancing at his own risk, whereas the violence of the people has no consciousness of its own danger. But so it is; Tempora mutantur et nos mutamur in illis. Setting aside issues of how to understand Plato’s theology in the Laws, there is the general question of why Plato thinks impiety will undermine the political system of Magnesia. Imperfect therefore as this Treatise of Cicero on the Laws may seem, I am persuaded that it is still a very important work, which may give rise to the most seasonable reflections. Lucullus; you little thought that it was you that gave rise to their ambition. 2 (Treatise on the Laws) [-51]. Let the order of the senators be free from reproach and scandal, and let them be an example of virtue to all. On this point, as on many others, I should be glad if you pontiffs Scævolas, great and talented men, as I confess you to be, would inform me why you seek to perplex the pontifical law with the subtleties of the civil law? There is nothing more to be remarked in Solon’s law respecting funerals, except, that he forbids the injury of sepulchres, or the disturbance of the dead. One of the more tantalizing questions concerns Plato’s inclusion of a bad soul which is responsible for evil (896e). Therefore, the true and chief law, suitable for ordering and forbidding, is the correct reason of Jupiter the Highest. For when the people are summoned by rank, order, and age, they use much more consideration in giving their suffrages, than when they are promiscuously convoked by tribes. It flourished in all the periods of light and liberty, but its very existence became problematical during the long eclipse of the dark ages. But if you choose to omit this topic now, I shall not forget to demand your views on education and discipline on the first opportunity. At the same time, to do the ballotists justice, they have generally argued their cause with great fairness and talent, which induce us to expect that the more respectable advocates of secret voting will renounce their plea, when a larger investigation of the subject shall have more fully developed its objectionable points. The goal of law is to help its citizens flourish, and the most direct route to this is developing virtue in them. Cicero’s grand and simple maxim is, Edition: current; Page: [192]that suffrages should be at once notorious to the nobles, and free to the people, (optimatibus nota, plebi libera sunto.) Next, Cicero explains that actions create even more of a problem when deciding between usefulness and honor is some cases. 1, 43), is divinarum atque humanarum rerum notitia. (Qui vero utraque re excelleret, ut et doctrinæ studiis et regenda civitate princeps esset quis facile nunc inveniri protest? —You seem rather to agree with my friend Antiochus; I will not call him my master, since I lived with him so sociably. Or why should not a law able to enforce injustice, take the place of equity? It is necessary, however, that we should attach ourselves by a preference of affection to the latter, which, under the name of the Commonwealth, is the common country of us all. If he hath been pleased to promise anything to mortals, he indeed performs it: not by virtue of such a promise they obtain a right against God; but because it would be some kind of derogation from his greatness and Edition: current; Page: [217]goodness to command men to expect any favour from him, and afterwards to frustrate their expectations. And we cannot believe that this important subject should have escaped the attention of our wisest legislators. Book 9 introduces criminal law and analyzes what factors should be taken into account when determining a punishment. At the time of my birth, my grandfather also lived here, and resided according to the olden custom, in that little villa, like another Curius on his Sabine farm. His preface to the De Legibus is so just and comprehensive that we choose to translate it almost entire. After all, it might be good for me to be physically healthy, but it doesn’t seem like I’m violating a duty if I’m not. The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. But if it be meant to assert that God hath no more right over his creatures than men are allowed to obtain over each other, there will be no need of more convincing arguments to make us believe, that the supreme lord and master hath no fuller right over his servants, than the servants Edition: current; Page: [221]have over their fellow–servants, with whom nature has set them on a level: or, to use Grotius’s terms, that the Jus Rectorium, and the Jus Æquatorium, the right of governors, and the right of equals, are exactly the same thing. But Cicero executed this design in a very original and yet practical manner, according to the lessons of his personal experience. Injustice explores the psychological conditions under which the crime was committed. [28] A: Immortal gods, how far back you trace the beginnings of right! Because physical education is meant to provide military training, sports will be modified to emphasize this. And if those laws are from tyrants? For truth is a thing perfectly catholic and universal; it is diffused and distributed among all political parties; there is none so wise as to possess it all, and none so foolish as to be entirely without it. Let them distribute the citizens, according to Edition: current; Page: [138]their tribes, fortunes, ages, and ranks. We should explain the anomoly thus. It has more than any other cause degraded the Britons, from a church–loving, pious, loyal, and happy people, into a reprobate crowd of radical democrats and agitators. Aristotle, for example, holds that the Republic and the Laws share many of the same features, but that the Laws offers a system that is more capable of being generally adopted (Politics 2.6.1265a-b). For he who breaks his promise, either wants power to perform it, or else through inconstancy or dishonesty fails from the engagement he had once well made, or else at the time of making his promise, he was ignorant how the state and condition of things would be, when it was afterwards to be fulfilled; all which cases imply some kind of failing and imperfection. (Quæ lex hanc sententiam continet ut omnes leges tollat quæ postea latæ sunt, quæ tegunt omni ratione suffragium ne quis inspiciat tabellam ne roget ne appellat. I think (says he) in a certain parish it was suspected that a class of men was trying to live idly on the parish funds. If we consider the said colonies with respect to their settlements, and the intercourses which they are obliged to have with the neighbouring nations, it is by the principles of the civil law, and the law of nations, that they must assert and maintain their rights and privileges. When the Persians attacked the Greeks, out of fear and necessity the Athenians lived according to certain honor codes that bound the community together. Were those persons pious, houourable, wise, and experienced men? INTRODUCTION to the THIRD BOOK OF CICERO’S TREATISE ON LAWS. Peace cultivates the fields; fair Peace is the first, that leads the heifers under the crooked yoke to the plough. If any one shall disturb the public harmony, and foment party quarrels, let him be punished as a criminal. Indeed it may be affirmed with safety, that as a collection of written reason, as a great body of principles, it has no rival, and is deserving, as a pattern, of being admired and consulted, even where it has no binding force.

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