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Study Notes on Cicero and Natural Law, Essays (university) of History

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Study Notes on Cicero and Natural Law
John S. Uebersax
www.john-uebersax.com
Contents
1. Prolegomena to the Study of Cicero
2. A Chronology of Cicero’s Life
3. Cicero's Philosophical Writings
4. Dimensions of Natural Law in Cicero's Thought
5. Reading. Robert N. Wilkin, Cicero: Oracle of Natural Law, The Classical Journal, 44(8),
May, 1949, pp. 452–456.
6. Reading. Introduction: Marcus Tullius Cicero (Walter B. Gunnison, Walter S. Harley,
Marcus Tullius Cicero: Seven Orations, Boston, 1912, pp. xvii–xl (annotated).
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Study Notes on Cicero and Natural Law

John S. Uebersax

www.john-uebersax.com

Contents

1. Prolegomena to the Study of Cicero

2. A Chronology of Cicero’s Life

3. Cicero's Philosophical Writings

4. Dimensions of Natural Law in Cicero's Thought

5. Reading. Robert N. Wilkin, Cicero: Oracle of Natural Law, The Classical Journal, 44(8),

May, 1949, pp. 452–456.

6. Reading. Introduction: Marcus Tullius Cicero (Walter B. Gunnison, Walter S. Harley,

Marcus Tullius Cicero: Seven Orations , Boston, 1912, pp. xvii–xl (annotated).

Prolegomena to the Study of Cicero

Prolegomena to the Study of Cicero

Why Cicero Today?

The study of Cicero is more relevant today than ever. To form any just appreciation of the man and his
work, one needs to understand his times. As this topic is neglected in modern universities, a brief
summary is supplied here. Those wishing to know more about Roman and Greek history might, in
addition to reading, wish to consult some of the excellent ancient history courses offered by The
Teaching Company (see my recommendations).

Life and Times of Cicero

Cicero lived from 106 BC to 43 BC. He reached maturity and the height of his ability at just the time the
mighty Roman Republic imploded. The Roman Republic was a marvel of efficient and just (for its time),
government. In addition to several lesser institutions, the Senate made laws, and two consuls, elected
yearly, performed executive duties. As the Republic grew strong, it conquered rivals, and expanded its
territory. A social and economic gulf between the landed equestrian order, to which Cicero's family
belonged, and a lower class existed. The latter increasingly located to the city of Rome where, easily
manipulated by demagogues, they demanded more favorable re-distribution of money and land.
Cicero's youth had seen several bloody coups and shakeups of the Roman government. A series of civil
and social wars occurred, of which the famous events involving Julius Caesar, Marc Antony, and
Augustus were only the end results. While patriotic and virtuous as a rule, the equestrian order and its
political manifestation, the Senate, either could not or would not take adequate steps to satisfy the
masses. Some suggest that the Republic had simply grown to large to continue.
A major change seemed inevitable in any case. If Roman culture excelled at one thing, it was the
production of a class of talented and supremely ambitious men — of just the sort who would vie with
each other to seize the initiative under unstable conditions. The motif of a disgruntled general marching
into Rome and declaring himself dictator became almost prosaic.
In 60 BC the First Triumvirate was formed — an alliance between Julius Caesar, the immensely wealthy
Crassus, and the great general Pompey. (Cicero was been asked to be a fourth member but declined.)
The First Triumvirate, of course, was short-lived, and eventually came to bitter conflict, in which Caesar
prevailed. The Roman Republic, patched up, staggered on a few years more.
By 44 BC, following ceaseless political and social conflict, Caesar dissolved the Republic, and declared
himself dictator. To say this broke the heart of Cicero, the fierce lover of everything traditionally Roman,
is an understatement. For reasons unknown, Cicero did not join his close friends Brutus and Cato, and
other members of the Senate in assassinating Caesar on 15 March 44.
With the Roman government now in complete shambles, Cicero assumed moral leadership, but not for
long; Marc Antony was determined to step into Caesar's role. Against this Cicero launched his famous
Philippics , a series of public speeches that denounced Marc Antony in the most acrimonious of terms,
and so-named after the comparable speeches in which the famous Greek orator Demosthenes had
denounced Philip of Macedonia three centuries earlier.
Prolegomena to the Study of Cicero
suggests itself: that classics were eliminated in part so that people would not read Cicero and his like;
for if they did they would become enlightened, and able to cast of their chains.
It is perhaps ironic to see Cicero, the champion of tradition and aristocratic Republicanism, as being
vitally relevant to the struggle of "the 99%" today. But that is even further testimony to the genius and
character of the man — who wrote, especially at the end, from a pure and elevated consciousness,
always concerned with truth and virtue for their own sake, always placing clear-sighted regard for
honestum (honesty and dignity) and humanitas above any particular belief, theory, or doctrine.
rev. 2014-07-
John Uebersax
www.john-uebersax.com

A Chronology of Cicero’s Life (106-43 B.C.)

Chronology of writing and publication of some of Cicero's works is uncertain.

106 M. Tullius Cicero born at Arpinum (Jan. 3).

Capture of Jugurtha by Sulla.

Cimbric Wars (113-101)

Consulships of Marius (107, 105-100)

104 Brother Quintus born.

90 Cicero's military service in the Social War under Gn. Pompeius Strabo.

Social War (revolt of Italian allies) (91-88).

First Mithridatic War (88-85).

Civil wars of Marius and Sulla (88-82).

81 Pro P. Quinctio.

Dictatorship of Sulla - Senate restored to power.

80 Pro Sex. Roscio Amerino.

Sulla abdicates power.

79-77 Cicero studies rhetoric in Athens and Rhodes (returns in 77).

77 Cicero marries Terentia (?).

Pro Q. Roscio Comoedo (?).

75 Cicero serves as quaestor in western Sicily (Lilybaeum).

Third Mithridatic War (74-63)

70 Divinatio in Q. Caecilium

In Verrem

First consulship of Pompey and Crassus.

69 Cicero aedile

Pro A. Caecina, Pro M. Fonteio, Pro M. Tullio

67 Lex Gabinia gives Pompey extraordinary command against pirates.

66 Cicero praetor

Pro Cluentio, Pro Lege Manilia

Lex Manilia gives Pompey command against Mithridates.

65 Son Marcus born

63 Cicero’s consulship. Conspiracy of Catiline

In Catilinam, Pro Murena, Pro C. Rabirio, Contra Rullum

Pompey defeats Mithridates and organizes the East.

62 Cicero testifies against Clodius in the Bona Dea trial.

Pro Archia, Pro Sulla

60 1st Triumvirate formed (Pompey, Crassus, Caesar) - Cicero refuses to join.

59 Pro Flacco

First consulship of Caesar.

Cicero's Philosophical Writings

Cicero's Philosophical Writings

English Name Latin Name Date Subject
On the Republic De Republica c. 52 BC Principles of a well-governed political
state; modeled after Plato's Republic
On Laws De Legibus c. 51 BC Principles of law; modeled after Plato's
Laws
Stoic Paradoxes Paradoxa Stoicorum 48 BC On certain paradoxes posed by Stoic
philosophers
Consolation Consolatio 45 BC Lost work; consolation on death of a
loved one; written to cope with tragic
death of his daughter; very popular in
antiquity
Hortensius Hortensius 45 BC Lost work
Academic Questions Academica 45 BC On the Platonic (Academic) school of
philosophy
On Ends De Finibus 45 BC On moral ends; i.e., what is the greatest
good ( summum bonum ) on which basis
we may choose ethical actions?
Tusculan Disputations Tusculanae
Disputationes
45 BC On Stoic psychology, with particular
concern for emotions
On the Nature of the Gods De Natura Deorum 45 BC Are the gods real?
On Divination De Divinatione 44 BC Is oracular divination (e.g., reading
entrails) real?
On Fate De Fato 44 BC What is Fate?
On Old Age De Senectute 44 BC The advantages of old age
On Friendship De Amicitia 44 BC Friendship
On Glory De Gloria 43 BC Lost work; on fame and glory
On Moral Duties De Officiis 43 BC Overall advice on how to live a moral
and happy life; written for his son
On Oratory ( De Oratore ; c. 45 BC), a work on oratory and rhetoric, also contains significant philosophical
material.
From Wood, Neal. Cicero's Social and Political Thought. UC Press, 1988; pp. 55–56 (comments in blue
mine):
"The beginning of Caesar's ascent to power in 60, and correspondingly Cicero's descent, meant
that with more leisure from politics, he increasingly turned to literary pursuits. Prior to his
proconsulship in Cilicia in 51, he had completed and published the Republic and commenced
work on the Laws. In the nearly two years of enforced political retirement under Caesar from
late 46 or early 45 to the end of 44, he wrote his major philosophic works at a furious pace,
probably starting with the Paradoxes of the Stoics. It was an erudite friend, Gaius Matius,
ironically a loyal partisan and admirer of Caesar, who, Cicero confessed, 'urged me to write
these philosophical treatises.'

1

In On Divination , published just after the dictator's [Caesar's]
assassination, Cicero tells us that although now politically inactive, he hopes to continue serving
Cicero's Philosophical Writings
the state and contributing to the public good by instructing his fellow citizens, especially the
youths, in the most noble learning.

2

We know that for Cicero, the politician par excellence,
philosophy was an important substitute, but only a substitute, for the life of action, a means of
solace in his isolation and exclusion from the public forum. The works he lists in On Divination
are Hortensius , Academics , On Good and Evil Ends [ De Finibus ], Tusculan Disputations , On the
Nature of the Gods , On Fate , On Consolation , On Old Age , Cato , On Oratory , Brutus , and Orator.
Of the Hortensius , On Consolation , and Cato have been lost. Another perished work, On Glory ,
was written in the summer of 44, when he also began his last philosophic tome, On Duties ,
completed in the autumn and judged by many to be his masterpiece. His last writing, finished
before the end of the year, On Friendship , was dedicated to Atticus."

1

Letters to Friends , 11.27.5.

2

On Divination , 2.1–2.

Natural Law

The works most relevant to Natural Law are (in rank order) De Legibus , De Republica , De Officiis , De
Finibus , and De Natura Deorum. (This is a tentative list and subject to revision.)

Links

  • Links to various editions (most in public domain) of Cicero's philosophical works
  • Clayton, Edward. "Cicero," The Internet Encyclopedia of Philosophy,
http://www.iep.utm.edu/cicero/, 8 July 2014.
rev. 2014-07-
John Uebersax
www.john-uebersax.com
Dimensions of Natural Law in Cicero's Thought

Natural Law and Stoicism

A certain amount of confusion exists concerning Cicero's philosophical orientation. His writings make
very clear that he identified himself as a Platonist. Plato's Academy was founded around 387 BC in
Athens and still existed in Cicero's time. When Cicero spent several months in Athens, he studied under
the head of the Academy, Antiochus of Ascalon. He had also been taught by the previous head, Philo of
Larissa, when the latter visited Rome. The hallmark of this phase of Platonism (the New Academy) was
skepticism. Following the lead of Socrates, Academic skeptics claimed to have certain knowledge about
virtually nothing. However, unlike the more radical Pyrrhonian skeptics (named for the Greek
philosopher, Pyrrho), they allowed that one can still act decisively, based on assessing probabilities of
truth or falseness of a proposition.
Cicero's philosophical studies were not confined to Platonism. Indeed, overall, he spent more time
studying under Stoics than Platonists. Moreover, the philosophical schools at this time were strongly
eclectic, with a lot of borrowing amongst them going on. Finally, while Stoicism and Platonism are
considered two different schools, a good argument could be made that, at least in terms of ethics,
Stoicism was something of a branch of Platonism. In any case, the distinctions between the Platonists,
Peripatetics (Aristotle's school), and Stoics were somewhat blurred at this time.
Therefore it is unsurprising that many of Cicero's most important views on Natural Law are largely Stoic.
To characterize the Stoic view fairly simply, it is that (a) a benevolent and wise Supreme Being governs
all Nature; (b) human happiness and the aim of ethics is a 'life in accord with Nature'; (c) for this to
happen, one must recognize and follow ones instinctive interest in and attraction to virtue; (d) all human
beings constitute a single family, and hence naturally deserve our interest, compassion, help, etc.
Cicero's expressed views on Natural Law can be seen as to some extent a conscious reaction to the
ethical theories of the Epicureans, as for example found in the then popular work, De Rerum Natura by
Lucretius. Epicureanism was atheistic and materialistic; for them, any semblance of order or purpose in
the universe was the result of random collisions of atoms.
As the preceding (and following) discussion makes clear, for Cicero, Natural Law theory derives in large
part from an integral connection between theology (or at least metaphysics) and human ethics. This
raises the question of whether classical Natural Law today can be expressed in a way that would not
elicit a large outcry from atheist moral and legal philosophers. I believethat this is of less concern than
one might suppose, first, because radical atheists are much less numerous than the volume of their
literature might suggest. Second, I believe that everything or virtually everything in classical Natural Law
can be alternatively derived from the premises of Kantian Transcendentalism ; in short, the argument
would be that human beings are evidently so designed that they simply cannot perceive or understand
reality in any other terms save those principles which form the basis of religious and traditional morality.
Hence, even if there is no God, there could still be moral law that is universal, and objective, at least in
the sense that it is not arbitrary or subjective.

Definition of Natural Law

Cicero by no means presents his ideas on Natural Law systematically or in a single place. However he
gives an important and often-cited definition of Natural Law in De Republica :
Dimensions of Natural Law in Cicero's Thought
True law is right reason in agreement with nature; it is of universal application, unchanging and
everlasting; it summons to duty by its commands, and averts from wrongdoing by its
prohibitions. And it does not lay its commands or prohibitions upon good men in vain, though
neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to
attempt to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed
from its obligations by senate or people, and we need not look outside ourselves for an
expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or
different laws now and in the future, but one eternal and unchangeable law will be valid for all
nations and all times, and there will be one master and ruler, that is, God, over us all, for he is
the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing
from himself and denying his human nature, and by reason of this very fact he will suffer the
worst penalties, even if he escapes what is commonly considered punishment.
( De Republica , 3.33; Loeb edition?)
What Cicero is ultimately saying here and elsewhere is that there is the law of nature , and there is
human nature. These are of necessity harmonious with each other (and, ultimately, the same thing),
because both reflect the will of a benevolent Supreme Being who creates and governs the universe. To
act in accord with human nature , human beings must exercise right reason ( recta ratio ). The purpose of
philosophy is to assist people to achieve right reason — a real and distinct level of cognitive function
where emotional and egoistic thinking gives way to virtue, morality, piety (or sense of the sacred), and
intellectual and social humility.
rev. 2014-07-
John Uebersax
www.john-uebersax.com

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.)

This content downloaded from 129.65.23.208 on Fri, 4 Jul 2014 13:21:13 PM

All use subject to JSTOR Terms and Conditions

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Volume

Number 8

MAY

At this time

of

transition

from

narrow

nationalismto some

form of

world

order,

Natural Law should

again take

on renewed

significance.

Cicero: Oracle of Natural Law

RobertN. Wilkin

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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ORACLE OF
NATURAL
LAW

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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ROBERT
N.
WILKIN
ROBERT
N.
WILKIN

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.

LiberLiberAnimaliumAnimalium

URSUSURSUS

DE

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.

DE

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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Marcus Tullius Cicero

From the bust in the Vatican