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''On the Laws'', also known by its
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
name ( abbr. ), is a
Socratic dialogue Socratic dialogue () is a genre of literary prose developed in Greece at the turn of the fourth century BC. The earliest ones are preserved in the works of Plato and Xenophon and all involve Socrates as the protagonist. These dialogues, and subse ...
written by
Marcus Tullius Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...
during the last years of the
Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...
. It bears the same name as
Plato Plato ( ; Greek language, Greek: , ; born  BC, died 348/347 BC) was an ancient Greek philosopher of the Classical Greece, Classical period who is considered a foundational thinker in Western philosophy and an innovator of the writte ...
's famous dialogue, '' The Laws''. Unlike his previous work ''
De re publica ''De re publica'' (''On the Republic''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
,'' in which Cicero felt compelled to set the action in the times of Scipio Africanus Minor, Cicero wrote this work as a fictionalized dialogue between himself, his brother
Quintus Quintus is a male given name derived from ''Quintus (praenomen), Quintus'', a common Latin language, Latin forename (''praenomen'') found in the culture of ancient Rome. Quintus derives from Latin word ''quintus'', meaning "fifth". Quintus is ...
, and their mutual friend
Titus Pomponius Atticus Titus Pomponius Atticus (November 110 BC – 31 March 32 BC; later named Quintus Caecilius Pomponianus Atticus) was a Roman editor, banker, and patron of letters, best known for his correspondence and close friendship with prominent Roman ...
. The dialogue begins with the trio taking a leisurely stroll through Cicero's familial estate at Arpinum and they begin to discuss how the laws should be. Cicero uses this as a platform for expounding on his theories of natural law of harmony among the classes. The three surviving books (out of an indeterminate number, although Jonathan Powell and
Niall Rudd William James Niall Rudd (23 June 1927 – 5 October 2015) was an Irish-born British classical scholar. Life and work Rudd was born in Dublin and studied Classics at Trinity College, Dublin. He then taught Latin at the Universities of Hull a ...
in their translation for Oxford seem to argue that it may have been six, to bring it in line with the number in ''
de re publica ''De re publica'' (''On the Republic''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
''), in order, expound on Cicero's beliefs in
Natural Law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
, recasts the religious laws of Rome (in reality a rollback to the religious laws under the king
Numa Pompilius Numa Pompilius (; 753–672 BC; reigned 715–672 BC) was the Roman mythology, legendary second king of Rome, succeeding Romulus after a one-year interregnum. He was of Sabine origin, and many of Rome's most important religious and political ins ...
) and finally talk of his proposed reforms to the Roman Constitution. Whether or not the work was meant as an earnest plan of action is unknown. Cicero's basic
conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
and
tradition A tradition is a system of beliefs or behaviors (folk custom) passed down within a group of people or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common e ...
alist beliefs led him to imagine an idealized Rome before the
Gracchi The Gracchi brothers were two brothers who lived during the beginning of the late Roman Republic: Tiberius Gracchus and Gaius Gracchus. They served in the Tribune of the plebs, plebeian tribunates of 133 BC and 122–121 BC, respec ...
, with the classes still in harmony. From there, he reformed the worst points of the Roman constitution, while keeping the majority of it. Cicero's proposed constitution in Book Three must be seen as a renovation of the existing order, not a call to shatter the order and build anew. However, less than a decade after the accepted date for his beginning the manuscript,
Julius Caesar Gaius Julius Caesar (12 or 13 July 100 BC – 15 March 44 BC) was a Roman general and statesman. A member of the First Triumvirate, Caesar led the Roman armies in the Gallic Wars before defeating his political rival Pompey in Caesar's civil wa ...
crossed the Rubicon, launching the civil war that would end the Republic.


Book One

The book opens with Cicero, Quintus and Atticus walking through the shaded groves at Cicero's Arpinum estate, where they encounter an old oak tree linked by legend to the general and
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states thro ...
Gaius Marius Gaius Marius (; – 13 January 86 BC) was a Roman general and statesman. Victor of the Cimbrian War, Cimbric and Jugurthine War, Jugurthine wars, he held the office of Roman consul, consul an unprecedented seven times. Rising from a fami ...
, who was born in Arpinum about a century earlier. Atticus questions whether or not the specific tree still exists, to which Quintus replies that so long as people remember the spot and the associations connected with it, the tree will exist regardless of its physical presence. The trio discuss the porous border between fact and fable in the writing of ancient Roman and Greek historians. Cicero indicates that many of the stories of the Roman kings, such as
Numa Pompilius Numa Pompilius (; 753–672 BC; reigned 715–672 BC) was the Roman mythology, legendary second king of Rome, succeeding Romulus after a one-year interregnum. He was of Sabine origin, and many of Rome's most important religious and political ins ...
conversing with the nymph Egeria, were regarded as
fable Fable is a literary genre defined as a succinct fictional story, in prose or verse, that features animals, legendary creatures, plants, inanimate objects, or forces of nature that are anthropomorphized, and that illustrates or leads to a parti ...
s or
parable A parable is a succinct, didactic story, in prose or verse, that illustrates one or more instructive lessons or principles. It differs from a fable in that fables employ animals, plants, inanimate objects, or forces of nature as characters, whe ...
s, not accurate records of real incidents. Atticus then encourages Cicero to write a work on Roman history without those flaws, which Cicero has previously suggested he might do. Atticus flatters Cicero by arguing he was one of the best qualified men in Rome to write that history, given he had identified numerous flaws in the works of previous
Roman historian During the Second Punic War with Carthage, Rome's earliest known annalists Quintus Fabius Pictor and Lucius Cincius Alimentus recorded history in Greek, and relied on Greek historians such as Timaeus. Roman histories were not written in Classi ...
s. Cicero demurs, because he is busy studying
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
in preparation for cases. Atticus asks Cicero to put some of his legal knowledge to use by discussing the law as they walk across his estate. Cicero then delivers an exposition on the wellspring of the law, which is the main topic of book one. Cicero argues that law is not a matter of written statutes or lists of regulations, but was deeply ingrained in the human spirit, being an integral part of the human experience (a concept now known as
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
). His arguments are: * Humans were created by a higher power or powers, which is engaged with the affairs of humanity. Atticus agrees to consider this for the sake of the argument, even though his
Epicurean Epicureanism is a system of philosophy founded 307 BCE based upon the teachings of Epicurus, an ancient Greek philosopher. Epicurus was an atomist and materialist, following in the steps of Democritus. His materialism led him to religious s ...
beliefs disagree with it. *The higher power which created humans endowed them with some of its own divinity, giving humans the powers of speech, reason, and thought. **Due to this spark of divinity inside humans, they must ''de facto'' be related to the higher power in some fashion. *Because humans share
reasoning Reason is the capacity of consciously applying logic by drawing valid conclusions from new or existing information, with the aim of seeking the truth. It is associated with such characteristically human activities as philosophy, religion, scien ...
with the higher power, and presuming the higher power is benevolent, it follows that humans will likewise be benevolent when employing reason correctly. *Cicero considers this benevolent application of reason to be the law. To him, the law is whatever promotes good and forbids evil. The imperfect results of this process are due to human failings, such as lusts for inconsequential outcomes such as pleasure, wealth and status. Only the application of virtue and honor lead to the correct outcomes.


Book Two

The party reaches an island in the river Fibrenius, where they sit to relax and resume their discussion. Cicero and Atticus discuss whether a person can be
patriotic Patriotism is the feeling of love, devotion, and a sense of attachment to one's country or state. This attachment can be a combination of different feelings for things such as the language of one's homeland, and its ethnic, cultural, politic ...
for both their country and the region they come from within it: i.e. can someone be devoted to both Rome and Arpinum at the same time? Cicero argues that they can, and doing so is natural. He uses the example of
Cato the Elder Marcus Porcius Cato (, ; 234–149 BC), also known as Cato the Censor (), the Elder and the Wise, was a Roman soldier, Roman Senate, senator, and Roman historiography, historian known for his conservatism and opposition to Hellenization. He wa ...
, who was a Roman citizen, yet was born in
Tusculum Tusculum is a ruined Classical Rome, Roman city in the Alban Hills, in the Latium region of Italy. Tusculum was most famous in Roman times for the many great and luxurious patrician country villas sited close to the city, yet a comfortable dist ...
so also called himself a Tuscan. However, Cicero states that someone's birthplace is secondary to the country of their citizenship. He argues that a citizen's primary duty is to their country, for which they should be prepared to die if necessary. Atticus mentions a speech by
Pompey Gnaeus Pompeius Magnus (; 29 September 106 BC – 28 September 48 BC), known in English as Pompey ( ) or Pompey the Great, was a Roman general and statesman who was prominent in the last decades of the Roman Republic. ...
about Rome's debt to Arpinum – two great men (
Gaius Marius Gaius Marius (; – 13 January 86 BC) was a Roman general and statesman. Victor of the Cimbrian War, Cimbric and Jugurthine War, Jugurthine wars, he held the office of Roman consul, consul an unprecedented seven times. Rising from a fami ...
and Cicero himself) came from that region and gave great service to the
Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...
. Cicero then further elaborates his ideas about
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
. He begins by saying that law does not begin with humans, which he regards as the instruments of a higher power. Through shared
morality Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principle ...
, that higher power commands good actions and forbids evil ones. Cicero distinguishes between 'legalism' (written
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
and
precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
) and 'law' (right and wrong, as determined by the higher power). He argues that human laws can be good or evil, depending on whether they conform with the natural law. A human law enacted for a temporary or local purpose has force only if the public observe it and the state enforces it. In contrast, natural law does not require codification or enforcement. As an example, Cicero says that when Sextus Tarquinius raped Lucretia, there were no written laws in the
Roman Kingdom The Roman Kingdom, also known as the Roman monarchy and the regal period of ancient Rome, was the earliest period of Ancient Rome, Roman history when the city and its territory were King of Rome, ruled by kings. According to tradition, the Roma ...
governing
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
, but the populace knew that what had happened was against shared morality. He argues that human laws that go against natural law do not deserve to be called 'law', and that states that enact them should not be referred to as 'states' either. He uses the analogy of an unqualified quack who claims to be a doctor but kills their patient through inappropriate treatments. Cicero argues that such treatments could not rightly be called 'medicine' or their practitioners referred to as 'doctors'. Cicero's insistence that religious belief (the belief in the gods, or God, or the Eternal wisdom) must be the cornerstone of law leads the trio, naturally, into the framing of religious laws. The laws proposed by Cicero seem to draw mostly from even then antique statutes from Rome's earliest days, including those of
Numa Pompilius Numa Pompilius (; 753–672 BC; reigned 715–672 BC) was the Roman mythology, legendary second king of Rome, succeeding Romulus after a one-year interregnum. He was of Sabine origin, and many of Rome's most important religious and political ins ...
, the semi-legendary second king of Rome and the laws of the
Twelve Tables The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornbl ...
, according to Quintus. From thence follows a long discussion on the merits of Cicero's hypothetical decrees. Among the things acknowledged in this section are the fact that at times religious laws have both a spiritual and a pragmatic purpose, as Cicero, when quoting the laws of the
Twelve Tables The Laws of the Twelve Tables () was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornbl ...
and their injunction against burial or cremation within the
pomerium The ''pomerium'' or ''pomoerium'' was a religious boundary around the city of Rome and cities controlled by Rome. In legal terms, Rome existed only within its ''pomerium''; everything beyond it was simply territory ('' ager'') belonging to Rome ...
, admits that the injunction is as much to appease fate (by not burying the dead where the living dwell) as it is to avoid calamity (by lessening the risk of fire in the city due to open-pyre cremation). After the discussions on religious laws, and with Cicero's stated objective to replicate Plato's feat by conducting a thorough discussion on the laws in one day, they move into civil law and the makeup of the government.


Book Three

Book Three, where the manuscript breaks off, is Cicero's enumeration of the set up of the government, as opposed to the religious laws of the previous book, that he would advocate as the basis for his reformed Roman state.


Outline of Cicero's proposed constitution

* The Judicial System Cicero, who believed that the trial courts as he had seen them were too open to tampering through bribery or through sharp practice (as he had himself experienced and thwarted in the case of
Gaius Verres Gaius Verres ( 114 – 43 BC) was a Roman magistrate, notorious for his misgovernment of Sicily. His extortion of local farmers and plundering of temples led to his prosecution by Cicero, whose accusations were so devastating that his defence advo ...
), would place the trials back in the hands of the people at large, with the '' Comitia Centuriata'' trying cases where the penalty was death or exile, and the '' Concilium Plebis'' trying all other cases. A magistrate (Praetor or even Consul) would still preside over the trial. That same magistrate would then, upon a guilty verdict, impose a punishment unless a majority of the relevant assembly disagreed. During military campaigns, unlike in civilian trials, Cicero would remove the right of appeal from those convicted of wrongdoing. * The
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, in Cicero's laws, would no longer exist as merely an advisory body, but would now hold actual legislative authority, and their decrees would be binding. Any former magistrate has the right to enter the Senate. In a later portion of the dialogue, Cicero defends the apparent democracy of the change by arguing that the quasi-aristocratic Senate would serve as a counterbalance to the populist and democratic popular assemblies. Further, Cicero would impose a stipulation that only those with thoroughly unblemished behavior and reputations could remain in the order — the Censors could remove those who misbehaved at will. It was Cicero's stated hope that such a reformed Senate could serve as an example for the rest of the Roman state of probity, harmony, common interest and fair play. Acquisitiveness and greed in the Senate were to be severely punished, apparently, by Cicero's laws. This was not so much to punish the greed itself, but because greed in the Senate bred greed and dissent among the Romans. "If you're prepared to go back over the records of history, it is plain that the state has taken its character from that of its foremost men." (III.31) ** The two Consuls, the Praetor, the Dictator, the Master of the Horse (his lieutenant), election officers and the tribunes would have the right to preside over Senate meetings. However, such meetings were to be held in what Cicero characterized as a "quiet, disciplined manner". ** Senators must also, by Cicero's hypothetical law, be current in important affairs of state whether or not it is the particular Senator's bailiwick. * Magistrates The basic outline of Roman society was to be kept (in keeping with Cicero's basic
conservatism Conservatism is a Philosophy of culture, cultural, Social philosophy, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, Convention (norm), customs, and Value (ethics and social science ...
) but reforms to the structure were in his plan to prevent or reverse the decay of the state. From low to high, the proposed magistrates in Cicero's reformed Republic seem to be: ** Quaestors, still with the power of the purse as normal, with the exception that Quaestorhood would no longer be the first step on the ''
cursus honorum The , or more colloquially 'ladder of offices'; ) was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The comprised a mixture of ...
'' **A new magistrate who would be responsible for the safety of prisoners and the executing of sentences (he may have meant a normalization of the '' triumviri capitales'' as an elected magisterial post) **Minters and moneyers (again, a reform of the '' triumviri monetales'') **An expansion, apparently, of the Board of Ten for Deciding Cases (or '' decemviri stlitibus iudicandis''), whose purview would have been more than the citizenship and freedom/slavery cases they then judged (Cicero does not seem to elaborate — it may have been in the lost portion of the work) ** Aediles, who were still responsible for public works and welfare, and who would thenceforth be the first step on Cicero's reformed ''
cursus honorum The , or more colloquially 'ladder of offices'; ) was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The comprised a mixture of ...
'' ** Censors, who, while holding their traditional post (conducting the
census A census (from Latin ''censere'', 'to assess') is the procedure of systematically acquiring, recording, and calculating population information about the members of a given Statistical population, population, usually displayed in the form of stati ...
and permitting or denying membership in the Senatorial Order and otherwise ordering society), would now be a normalized elected post with the usual restriction of having been a former consul apparently removed. The Censors would also have the task of interpreting laws. *** At the end of a magistrate's tenure, he was to give a full account to the Censor of his actions in office, whereupon the Censor would judge his fitness to remain in the Senatorial Order. This did not absolve him from prosecution for his actions. ** A
Praetor ''Praetor'' ( , ), also ''pretor'', was the title granted by the government of ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected ''magistratus'' (magistrate), assigned to disch ...
, responsible for civil cases and lawsuits. Along with him would be an indeterminate number of equally-empowered officials (although most likely under his direction — again, Cicero does not elaborate overmuch) appointed by the Senate or popular assemblies. *** At the same time, any magistrate could preside over a trial and conduct auspices. ** At the top would be the two
Consuls A consul is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries. A consu ...
, as always, with split royal power. All of these posts would be filled for terms of one year, except the Censors, which would be a five-year tenure. No person would be eligible to run for the same office twice in ten years. All age restrictions as then-currently existing for the posts would remain in force. ** Should the state be ''in extremis'', the Senate could appoint a dictator, who would, as in years past, be allowed a six-month term of unlimited ''
imperium In ancient Rome, ''imperium'' was a form of authority held by a citizen to control a military or governmental entity. It is distinct from '' auctoritas'' and '' potestas'', different and generally inferior types of power in the Roman Republic a ...
'' and who would appoint a lieutenant in charge of cavalry ''
Magister Equitum The , in English Master of the Horse or Master of the Cavalry, was a Roman magistrate appointed as lieutenant to a dictator. His nominal function was to serve as commander of the Roman cavalry in time of war, but just as a dictator could be n ...
'' who would also function as
Praetor ''Praetor'' ( , ), also ''pretor'', was the title granted by the government of ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected ''magistratus'' (magistrate), assigned to disch ...
. ** Cicero would also leave in place the ten Tribunes of the Plebeians, with their full powers of
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...
, and would still be sacrosanct. The Tribunes of the People would also be permitted to preside over meetings of the Senate. *** Quintus, later in the dialogue, strongly objected to this, feeling that the Tribunes, as currently constituted, were a destabilizing force in the state, and believed that Cicero should have rolled back their powers to their severely curtailed state under the laws of
Sulla Lucius Cornelius Sulla Felix (, ; 138–78 BC), commonly known as Sulla, was a Roman people, Roman general and statesman of the late Roman Republic. A great commander and ruthless politician, Sulla used violence to advance his career and his co ...
. Cicero seems to argue that curtailing the power of the
plebeians In ancient Rome, the plebeians or plebs were the general body of free Roman citizens who were not Patrician (ancient Rome), patricians, as determined by the Capite censi, census, or in other words "commoners". Both classes were hereditary. Et ...
or giving them a sham representation of a share in government would be even more destabilizing than a potential
Tiberius Gracchus Tiberius Sempronius Gracchus (; 163 – 133 BC) was a Roman politician best known for his agrarian reform law entailing the transfer of land from the Roman state and wealthy landowners to poorer citizens. He had also served in the ...
or Saturninus could be. To do so, he in effect argues, would create the same Saturninii and
Gracchi The Gracchi brothers were two brothers who lived during the beginning of the late Roman Republic: Tiberius Gracchus and Gaius Gracchus. They served in the Tribune of the plebs, plebeian tribunates of 133 BC and 122–121 BC, respec ...
that
Sulla Lucius Cornelius Sulla Felix (, ; 138–78 BC), commonly known as Sulla, was a Roman people, Roman general and statesman of the late Roman Republic. A great commander and ruthless politician, Sulla used violence to advance his career and his co ...
's laws tried to halt. Cicero remarks: "I admit there is an element of evil inherent in the office of tribune; but without that evil we would not have the good which was the point of setting it up. 'The plebeian tribunes,' you say, 'have too much power.' Who's arguing with that? But the crude power of the people is much more savage and violent. By having a leader, it is sometimes milder than if it had none." (III:23) (from The Oxford World Classics translation by
Niall Rudd William James Niall Rudd (23 June 1927 – 5 October 2015) was an Irish-born British classical scholar. Life and work Rudd was born in Dublin and studied Classics at Trinity College, Dublin. He then taught Latin at the Universities of Hull a ...
) * Should both
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states thro ...
s, or the Dictator, die or otherwise leave office, all other current officials from
quaestor A quaestor ( , ; ; "investigator") was a public official in ancient Rome. There were various types of quaestors, with the title used to describe greatly different offices at different times. In the Roman Republic, quaestors were elected officia ...
on up are removed from office. An
interrex The interrex (plural interreges) was an extraordinary magistrate during the Roman Kingdom and Republic. Initially, the interrex was appointed after the death of the king of Rome until the election of his successor, hence its name—a ruler "betwee ...
would be appointed by the Senate to arrange as soon as practicable new elections. * Popular Assemblies: The People's Assemblies were, by law, to be free of violence, and were also legislative assemblies. In both the Senate and people's assemblies, a magistrate of a higher rank than the one presiding would be able to veto any act. * Voting and Laws Ballots were, due to an epidemic in Cicero's time of vote tampering and bribery, not to be secret, so that they could be immediately examined for voter fraud. There was also a measure of elitism in his proposal as well, however — if the people did not know how the upper classes had voted, Cicero thought they would be confused as to which way to vote. ** No laws were to be passed that were meant to target an individual (no doubt, this was in response to the law pushed through by Publius Clodius Pulcher in 58 BC that demanded exile for any magistrate who imposed and executed a death sentence without a vote by the Popular Assemblies — a clear reference to Cicero, who had done just that in 63 BC in response to the Catilinarian Conspiracy) ** No magistrate could impose capital punishment or revocation of citizenship without a vote of the ''Comitia Centuriata'' ** Bribery or seeking bribes were to be punished severely. ** Laws would be kept in official record form, something that Cicero felt had lapsed. After a discussion and debate between Cicero and Quintus about the Consuls and the voting rights of citizens, the manuscript breaks off.


Provenance of the text

It is unclear exactly when Cicero composed ''de Legibus''. The earliest possible date is 58 BC, because book three unmistakably refers to the '' Leges Clodiae'' enacted in that year. The latest possible date is 43 BC, the year Cicero was killed. This range covers the late part of Cicero's political and legal career, after he had served as
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states thro ...
in 63 BC and the formation of the
first triumvirate The First Triumvirate was an informal political alliance among three prominent politicians in the late Roman Republic: Gnaeus Pompeius Magnus, Marcus Licinius Crassus, and Gaius Julius Caesar. The republican constitution had many veto points. ...
in 59 BC. However, the work could have been composed before, during or after the dictatorship of Julius Caesar (45-44 BC) which fatally undermined the
constitution of the Roman Republic The constitution of the Roman Republic was a set of Uncodified constitution, uncodified norms and customs which, together with various Roman law, written laws, guided the procedural governance of the Roman Republic. The constitution emerged from ...
. Much like its sister work ''
de re publica ''De re publica'' (''On the Republic''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
'', ''de Legibus'' exists in fragmentary condition, with no work beyond the first half of Book Three known to survive. The remaining fragments of ''de Legibus'' are scattered in three volumes at the
Leiden University Library Leiden University Libraries is the set of libraries of Leiden University, founded in 1575 in Leiden, Netherlands. A later edition entitled ''The bastion of liberty : a history of Leiden University'', was published in 2018. Full-text at archive ...
. Further, issues of legibility and authenticity have been raised among researchers. Vienna Professor M. Zelzer in 1981 argued that the text as it is now known may have been transcribed out of a cursive (as opposed to block-text) copy at some point, incurring possible mistakes from the vagaries of the script. Others (such as translator
Niall Rudd William James Niall Rudd (23 June 1927 – 5 October 2015) was an Irish-born British classical scholar. Life and work Rudd was born in Dublin and studied Classics at Trinity College, Dublin. He then taught Latin at the Universities of Hull a ...
) argue that the text was still in rough-draft form at the time of Cicero's murder in December 43 BC, and that it was still to be cleaned up and edited by the author. Much like ''
de re publica ''De re publica'' (''On the Republic''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
'', some material was recovered from the writings of others. Two passages were found used in the third- and fourth-century writer
Lactantius Lucius Caecilius Firmianus Lactantius () was an early Christian author who became an advisor to Roman emperor Constantine I, guiding his Christian religious policy in its initial stages of emergence, and a tutor to his son Crispus. His most impo ...
's '' Divinae Institutiones'' (Lactantius also quoted heavily from ''
de re publica ''De re publica'' (''On the Republic''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
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Macrobius Macrobius Ambrosius Theodosius, usually referred to as Macrobius (fl. AD 400), was a Roman provincial who lived during the early fifth century, during late antiquity, the period of time corresponding to the Later Roman Empire, and when Latin was ...
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Saturnalia Saturnalia is an Roman festivals, ancient Roman festival and holiday in honour of the List of Roman deities, god Saturn (mythology), Saturn, held on 17 December in the Julian calendar and later expanded with festivities until 19 December. By t ...
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Quotes

* Let the punishment fit the offense. 'noxiae poena par esto.''(III, 11)


Text and translations


TVLLI CICERONIS ''DE LEGIBVS'' LIBRI TRES

Free Audiobook version of De Legibus translated by Charles Duke Yonge

English text on google books


Notes


References


External links

* * {{Authority control Books in political philosophy Philosophical works by Cicero Political thought in ancient Rome Roman Republic