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Study notes on cicero and progression of law there.
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FRONTISPIECE
DIONYSUS sailing majestically
after his routing
of the pirates
who attempted
to enslave him.
The wind has filledthe white sail,
while above the mast rises a huge
vine loaded with grapes,
Dionysus' great gift
to mankind.A school of dolphinsplays
aroundthe boat symbolizing
not
only
the sea but also the joyful
and playful spirit
with which the god
fills the humanheart.
The composition,painted
in the black-figured style by
Exekiasca. 535 B.C.,
is fromthe interior
of a drinkingcylix
now in Munich. (Furtwaengler
and Reichhold,
Griechische Vasenmalerei,
Plate
This and other representations
of classical compositions
shown on the front covers
of our earlierissues are the work of Charles Holt,
a graduate
student in the School of Archi-
tecture of Washington University.)
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Cicero: Oracle of Natural Law
N THE CONVERSATION between Marcus
Tullius and Quinctus Cicero,' Walter Sav-
age
Landorhas the younger
brother observe
that
"Mariusis an example
that a liberaleducation
is peculiarlynecessary
where power
is almostun-
limited."
The cruel excesses of Marius were still
painfully
vivid in the memory
of the Ciceros.
It was natural for men of their culture to
think of educationas a restraint upon
abuseof
power.
And that was also a natural feeling
for Landor.
One of the advantages
to be derived from
the reading
of Landor'sConversations-in ad-
dition to his delightfulstyle-is
that they af-
ford a double perspectiveof ancient men and
?CRobert N. Wilkin is known to readersof TIE CLASSI,
CAL JOURNAL
as the author of Eternal Lawyer-A Legal
Biographyof Cicero (New York, Macmillan, I947).
An earlier work is The Spirit of
the Legal Profession
(New Haven, Yale University Press, I938). Judge
Wilkin is U. S. District Judge for the Northern District
of Ohio, well known in the "Western Reserve" and in
the legal profession
for his interest in education and
the great
traditionof jurisprudence.
This article is published by arrangement with the
Committee for the Diffusion of Philological Knowledge
of the American Philological Association.
events. We see great persons
and problems
as
they appeared
in their own day and we see
them also as they appeared at Landor'stime.
But the thing
to be noted aboutthe statement
attributedto Quintus
is that the world at the
time of Cicero, and at the time of Landor, had
not dreamed of such power as exists today.
If
Marius the younger
had possessed
the atomic
bomb he would not merely
have abandoned
Rome after murdering many of its worthy
citizens; he would have obliteratedit.
If the need of liberal education as a re-
straint upon power
increases as power
in-
creases, then the urgency
of our need today
must be apparent.
Furthermoreit must be
apparent
that the need of education expands
as power is distributed.In this day
of popular
government,
education must be not only
liberalbut general,
if the majority
is to be "in-
culcated with an abstinencefrom wrong
and
spoliation."
The difficulty of our situation today
arises
fromthe fact that populargovernment
has so
far outrun general
liberal education. The
agents
of the people
are entrusted with de-
structive power
before they
are prepared
for
such responsibility.
Not only has popular
sovereigntyexpanded
faster than popular
ed-
ucation, but the tendency
of education has
been to emphasizetechnocracy rather than
453
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which may
be reliedon in our effortsto estab-
lish peace
at homeand security
in the world.
For an understanding
of Natural Law one
shouldat the very
outset acquire
a familiarity
with what Cicero said of it. Indeed,
no study
of NaturalLaw can progress very
far without
taking
into considerationhis pronouncements.
Natural Law concepts
existed prior
to Cic-
ero's time. They
arefound in Greekliterature
and philosophy.They
never becamea definite
part
of a legal system, however,
until the
foundationsof jurisprudence
were established
during
the Roman Republic.
With the excep-
tion of Cicero,
the Roman authorities on
NaturalLaw arethe greatjurisconsults
of the
Empire.
While Cicero has not been consid-
ered a jurisconsult,
he was, however,
a lawyer
and a philosopher,
andhis supreme mastery
of
the Latin language
enabledhim to give most
adequate
and beautiful expression
to Natural
Law concepts
at the formative period
of that
system
of law which was to becomethe model
for the world.
All Latincourses that use Ciceroniantexts
-even those in secondary
schools-should
give
the historic background
and setting
that
prompted
Cicero's orations, letters,
and es-
says.
A revival of the political
scene of Cic-
ero's day
would reveal the true meaning
of
what he said about the law. If the parallels
between conditionsin Cicero's time and our
own time were developed,
the applicability
of
Cicero's philosophy
of law and government
would become apparent
to students even of
high-schoolage
and would conditionthem for
citizenship
in the republic
which has been in-
fluencedso much by
the history
of the Roman
Republic
and Cicero'stheories. Moreover, all
law schoolsshould give
coursesin the history
of jurisprudence,
and of course no study
of
jurisprudence
could neglect
the teaching
of
the Scholastic philosophers,
the leaders of the
Renaissance, such Englishjurists
and states-
men as Bracton, Coke, Blackstone,Milton,
Locke and Burke,
the constitutional debates,
The Federalist,
and other writings
of the for-
mative period
of our nation,
and through
it all
will appear
a strandof Ciceronian quotations.
Cicero, Cato, Sulpicius
and others gave
practical
effect to Natural Law theories in
their pro-consular
administrationof Roman
provinces,
and with excellent effect. The
greatestjurists
and legal philosophers,Aqui-
nas, Suarez and Grotius, based their prin-
ciples
of internationallaw firmlyupon
Natural
Law concepts,
and writers of our day
who
seek a basis for world order,
and the protago-
nists of the Nuremberg trials, are forced to
rely upon
Natural Law principles.
And Bar-
bara Ward,
in her recent portrayal
of today's
crisis, The West at Bay, points
out in her
concludingchapter
that the first foundation
of Western civilization was,
and the hope
of
peace is, a belief "that an eternal law, a nat-
ural law, exists beyond society
and is the
source,
within society,
of justice
and of right
and hence of freedom."*
Professor Charles H. McIlwain has said
that the words of Cicero quoted
above are
"among
the most memorablein political
litera-
ture."Dr. HeinrichA. Rommen, in his recent
work on The Natural Law, recognizes
that"it
cameto its full flowering
in Romein the Impe-
rial Age,"
and that "Stoicism prepared
the
way
for the Christiannaturallaw." He then
adds: "Cicero, however,
was its great popu-
larizer, and the wealth of Stoic thought
was
handed down to the medievalworld mainly
in
his writings."
And Tenney Frank, in Social
Behavior,says
that Cicero's statement of the
principle
of Natural Law has "wrought
greater progress
in jurisprudence
for nearly
two thousand years
than any
other written
statement of the same length."
In a recentallocutionof Pope
PiusXIIto the
Consistory
of February 14
he quoted
from"the
greatest Roman orator," andthe Encyclical letter
of Pope
Pius XI, "Ubi arcano," December 23,
I922, employed
the following language:
"It was a
quite general
desirethat both our laws and our
governments should exist without recognizing
God or JesusChrist,
on the theory that all au-
thority
comesfrom men, not fromGod.Because
of suchan assumption,
these theoristsfell short
of being
ableto bestow upon
law not only
those
sanctionswhich it must possess
but also that
securebasisfor the supreme
criterionof justice
which even a paganphilosopher
likeCicerosaw
clearly
couldnot be derived except
fromthe Eter-
nal Law."
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We have so long
considered Cicero as the
great orator,
as the model for letter-writing,
as the inventor of our philosophic
terminol-
ogy,
and as the master of rhetoric, that we
have lost sight
of his contributionto the law
and the majesty
of his pronouncements
re-
garding
the foundationof human rights-jus
naturale.It is time now that we read again
his
orations,
his de Officiis and his de Republica,
and considerwhat is saidinsteadof how it is
said. His writings carry
a very practical
con-
tribution to our most urgent need.
Of all periods
of history,
we of this day
should be able to read Cicero with profound
understanding
and poignant sympathy.
He
saw the Roman Republic
cometo the position
of greatestpower
in the world, arid then saw
it disintegrate.
The editor and annotator of
the Imaginary
Conversationssaid of Cicero
(p. 76):
"Inour dialogue
he is represented
as on the
verge
of a politicalworld,
of whichhe has been
the mover and protector, while elementsof it
announcedto him that it is bursting
underhis
feet."
We have so long
considered Cicero as the
great orator,
as the model for letter-writing,
as the inventor of our philosophic
terminol-
ogy,
and as the master of rhetoric, that we
have lost sight
of his contributionto the law
and the majesty
of his pronouncements
re-
garding
the foundationof human rights-jus
naturale.It is time now that we read again
his
orations,
his de Officiis and his de Republica,
and considerwhat is saidinsteadof how it is
said. His writings carry
a very practical
con-
tribution to our most urgent need.
Of all periods
of history,
we of this day
should be able to read Cicero with profound
understanding
and poignant sympathy.
He
saw the Roman Republic
cometo the position
of greatestpower
in the world, arid then saw
it disintegrate.
The editor and annotator of
the Imaginary
Conversationssaid of Cicero
(p. 76):
"Inour dialogue
he is represented
as on the
verge
of a politicalworld,
of whichhe has been
the mover and protector, while elementsof it
announcedto him that it is bursting
underhis
feet."
We of this day
have seen the AmericanRe-
public
attain the position
of greatest power
and influence in the world. But many signs
of
disintegration
are patent.
If the American
Republic
can be spared
the fate of the Roman
Republic,
it will have to accept
the counsel
which Rome spurned.
NOTES
ImaginaryConversations,London, J. M. Dent &
Co., 1901, Vol. n1, p.
In a noteCharlesG. Crumpsays:
"Inthis Conversa,
tion LandorintroducesCiceroandhis brother Quintus
-not Quinctus as he spells the name-talkingtogether
not long
beforethe dateat which they wereboth put
to death."
2 Cambridge Ancient History,ix, 276.
3 Cicero on the Commonwealth, Sabine and Smith,
The OhioState UniversityPress,Columbus, i929.
4 "The Revivalof Natural Law,"xvII,Notre Dame
Lawyer, No. 4 (June 1942).
See also George
H. Sabine, History of Political
Theory,
New York,Henry Holt & Co., I938, p. I63.
6 Fora brief summary
of Cicero's philosophy
of life,
government, and law, see the last chapter
of Eternal
Lawyer--A Legal Biographyof Cicero, New York,
Macmillan, I947.
We of this day
have seen the AmericanRe-
public
attain the position
of greatest power
and influence in the world. But many signs
of
disintegration
are patent.
If the American
Republic
can be spared
the fate of the Roman
Republic,
it will have to accept
the counsel
which Rome spurned.
NOTES
ImaginaryConversations,London, J. M. Dent &
Co., 1901, Vol. n1, p.
In a noteCharlesG. Crumpsays:
"Inthis Conversa,
tion LandorintroducesCiceroandhis brother Quintus
-not Quinctus as he spells the name-talkingtogether
not long
beforethe dateat which they wereboth put
to death."
2 Cambridge Ancient History,ix, 276.
3 Cicero on the Commonwealth, Sabine and Smith,
The OhioState UniversityPress,Columbus, i929.
4 "The Revivalof Natural Law,"xvII,Notre Dame
Lawyer, No. 4 (June 1942).
See also George
H. Sabine, History of Political
Theory,
New York,Henry Holt & Co., I938, p. I63.
6 Fora brief summary
of Cicero's philosophy
of life,
government, and law, see the last chapter
of Eternal
Lawyer--A Legal Biographyof Cicero, New York,
Macmillan, I947.
URSUSURSUS
URSIS EST una res singularis,quod
nus-
quam gignuntur
nisi in hemisphaerio
septentrionali.
Hanc quidem partem
mundi
ita malle videntur ut etiam in caelo septen-
trionali duae ursae inveniantur, quae ursa
maior et ursa minor appellantur.
Circum
polum
caelestemlente circumvolvunturhaud
aliter atque
ursacircumambulatcircum palum
ad quem
catena religata
est. Ultra lineam
equatoriam
ursus verus non gignitur.
Quot genera
ursorumsunt? Multa. Sunt
enim colore nigro, fulvo, flavo, albo et albo
nigroque.
Sunt etiamursi Teddiani, qui
num-
quam mordent, infantium delectamentum.
Omnium maximus et ferocissimusest ursus
horribilis nostrorum Montium Saxosorum.
Turpissimus
est ursus Syrius.Scriptura
sacra
nos certiores facit adolescentem Davidum
unamex iis interfecisse; beneficiumfuit besti-
am tam turpemmiseramque
occidere.
URSIS EST una res singularis,quod
nus-
quam gignuntur
nisi in hemisphaerio
septentrionali.
Hanc quidem partem
mundi
ita malle videntur ut etiam in caelo septen-
trionali duae ursae inveniantur, quae ursa
maior et ursa minor appellantur.
Circum
polum
caelestemlente circumvolvunturhaud
aliter atque
ursacircumambulatcircum palum
ad quem
catena religata
est. Ultra lineam
equatoriam
ursus verus non gignitur.
Quot genera
ursorumsunt? Multa. Sunt
enim colore nigro, fulvo, flavo, albo et albo
nigroque.
Sunt etiamursi Teddiani, qui
num-
quam mordent, infantium delectamentum.
Omnium maximus et ferocissimusest ursus
horribilis nostrorum Montium Saxosorum.
Turpissimus
est ursus Syrius.Scriptura
sacra
nos certiores facit adolescentem Davidum
unamex iis interfecisse; beneficiumfuit besti-
am tam turpemmiseramque
occidere.
Quo
cibo vescuntur? Omnes, urso albo ex-
cepto,
mel malunt,
cuius causa,
ira apium
spreta,
arbores altas ascenderesolent. Fama
est etiam-crede vel noli--deceptos
murmure
filorum telegraphicorumlongurios
interdum
eos ascenderemel sperantes.
Sunt qui
formicas
edant. Plures alia insecta libenter devorant
quorum
causa saxa evertunt. Ursi nigri
bac-
cas libentissime carpunt
erecti sicut homines.
Tandem pingues
extremo autumno facti
secedunt in latebras ubi totum hiemem dor-
miant. Adipem
suum lente consumunt.Fama
est etiam eos sugare
suos digitos.
Ibi catulos
usque
ad tres pariunt,qui
mire parvuli sunt,
caeci glabrique.
Vere primo egrediuntur,
macraesed beatae, copiam
immensam speran-
tes insectorum, baccarum mellisque.
Curricu-
lum vitae ursinaede integro
initur.
ANON.
Quo
cibo vescuntur? Omnes, urso albo ex-
cepto,
mel malunt,
cuius causa,
ira apium
spreta,
arbores altas ascenderesolent. Fama
est etiam-crede vel noli--deceptos
murmure
filorum telegraphicorumlongurios
interdum
eos ascenderemel sperantes.
Sunt qui
formicas
edant. Plures alia insecta libenter devorant
quorum
causa saxa evertunt. Ursi nigri
bac-
cas libentissime carpunt
erecti sicut homines.
Tandem pingues
extremo autumno facti
secedunt in latebras ubi totum hiemem dor-
miant. Adipem
suum lente consumunt.Fama
est etiam eos sugare
suos digitos.
Ibi catulos
usque
ad tres pariunt,qui
mire parvuli sunt,
caeci glabrique.
Vere primo egrediuntur,
macraesed beatae, copiam
immensam speran-
tes insectorum, baccarum mellisque.
Curricu-
lum vitae ursinaede integro
initur.
ANON.
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Copyright, 1912, by
Silver, Burdett and Company
©CI.A
Marcus Tullius Cicero
From the bust in the Vatican