Seeking: Comment on Cicero's On * * * and the Law of the State

Cicero's On * * * and the State and On the Law both imitate the intention and trace of Plato's Republic and Law, embody Cicero's political and legal philosophy, and are the most important works of Cicero.

On the Law was written about 52 BC. Cicero himself is the speaker, and his brother quintus and close friend Atticus are imaginary interlocutors. "On the Law" may be an unfinished draft, handed down from generation to generation, divided into three volumes. Mark Robius, an ancient Roman writer who once commented on The Republic and On the Law, pointed out in Saturnalia (also translated into Sarthou Nuss's Festival Drinking) that the relevant sentences quoted were from the fifth volume of Cicero's On the Law. Therefore, it can be inferred that On the Law has at least five volumes. According to the existing text content and logical structure of On Law, some researchers speculate that On Law should consist of six volumes, or at least plan to write six volumes. Some researchers even speculate that there may be eight volumes or plans to write eight volumes. The above-mentioned researchers also speculate that the fourth volume is the Judicial Law, the fifth volume is the Authority Law, the sixth volume is the Law Enforcement Law, the seventh volume is the Family Education Law, and the eighth volume is the Citizenship Law.

Cicero's On the Law, translated by Zhong Shufeng.

On Law can be regarded as a sequel to On * * * and the State. In fact, it expounds the perfect laws of * * * and the State that have been demonstrated in On * * * and the State, summarizes the practice of governing the country since the founding of ancient Rome, and integrates the political and legal philosophy of Plato, Aristotle and Stoicism. The first volume * * * Chapter 24 Section 63 talks about the essence of law, that is, discussing natural law from a philosophical perspective. The second volume * * * Chapter 27, section 69, on religious law, essentially further expounds natural law through religious law, such as the relationship between law and god, law and tradition, law and human nature, natural law and human law, and so on. The third volume * * * Chapter 20 Section 48 discusses the official law, which is essentially to explain the embodiment of natural law in official law, or to explain the requirements of natural law for official law. In a word, On Law mainly expounds the following political and legal philosophies:

First, the thought of natural law. Cicero elaborated: "Law is the highest reason rooted in nature, that is, it is allowed to do what should be done, and vice versa; Law is this kind of rationality firmly established in people's hearts. " "Law originates from justice, is a natural force, is rational and reasonable, and is the standard of justice or not." "We are born for justice, and the root of justice is not faith but nature." "People who are naturally endowed with rationality are endowed with correct rationality, so they are endowed with the law, that is, the correct rationality of ordering and prohibiting what to do. Giving the law is giving justice. " Cicero used this to explain the purpose of law: "The law of human beings is to punish evil and promote good under the guidance of natural nature." Cicero went on to conclude that evil laws are illegal: "The stupidest thing in the world is to think that as long as it is approved by the people's congress or legislation, it is just." "If justice is established by the people's vote, the monarch's decree or the judge's judgment, then laws supporting robbery, adultery or forging wills will also be established. If stupid people can overturn natural laws by voting, won't they make laws to make evil and harmful laws better and better? If the law can describe injustice as justice, can't it define evil as good? " Cicero concluded from this: "The only criterion for distinguishing good from evil is natural law." "Laws are made for the well-being of citizens, national security and peace and happiness of mankind ... Those who first promulgated such laws announced to the people that they would formulate and implement laws that would make people's lives glorious and happy; What is made in this way is called law. It can be seen that it is not a law at all to violate the promise and formulate any laws that are harmful and unfair to the people. " "This kind of decision that is harmful to the country, even if it is passed by the people, cannot be called law."

Cicero's On the Law, translated by Zhong Shufeng.

Second, the concept of national governance. Cicero elaborated: "Nothing is more in line with justice and nature than governance ... Without governance, there can be no family, city, country or the whole mankind, nor can there be nature or the universe itself, because the universe obeys the gods, the earth and the sea obey the universe, and human life obeys the orders of the Supreme Law." He believes that sovereignty has existed since ancient times: "All ancient peoples were ruled by kings. This sovereignty was originally given to those who are extremely just and wise ... Later, this power was passed down from generation to generation by their descendants ... Even those who are unwilling to accept the rule of the king are not unwilling to obey anyone, but just unwilling to obey the same person forever. " He stressed: "The distribution of official power determines the governance of the country. It is necessary to stipulate not only the governance of officials, but also the obedience of citizens. " It is necessary to "establish a harmonious and moderate state power through a balanced distribution of legal power." He expounded the purpose of establishing and exercising the right of state governance: "The safety and well-being of the people are the highest laws."

Third, the rule of law. Cicero pointed out that the power of governance should be exercised according to law: "Power should be legal." "The duty of officials is to implement governance in accordance with the law, correctly and effectively. Just like legal guidance officials, officials also guide people in this way. The official is talking about the law, and the law is not talking about the official. " "When it comes to things that are not within the purview of officials, the people should elect officials to implement management and empower them."

Fourth, the idea of separation of powers and checks and balances. Cicero clearly advocates the separation of powers and checks and balances supervision: in addition to the establishment of the supreme consul, there should also be the establishment of magistrates, civil servants, supervisors and other official positions, and give them corresponding powers, thus forming a situation of checks and balances supervision. Cicero expounded that the Senate is composed of elders; Resolutions of the Senate can be vetoed by the same power or higher power. This higher power refers to the people or people's congresses. Cicero knows that every power has its shortcomings and advantages. For example, after listing the disadvantages of the post of Tribune under the pretext of quintus, he analyzed as an interlocutor: "No matter what you criticize, it is unfair to ignore its advantages, only point out its shortcomings and criticize its defects. If you are critical of it, you can even turn the consul into nothing ... The Tribune does have a bad side, but if there is no evil, there is no good. " He also knows that decentralization and checks and balances are an art of compromise. As an interlocutor, he explained that Pompeii, a disgruntled ally mentioned by quintus, should consider "not only an ideal choice, but also a realistic choice." . He obviously believes that this kind of power must be restored in our country ... A wise citizen will not take a dangerous way to abandon something that is harmless, popular with the people and even difficult to give up. "

Cicero's On the Law, translated by Zhong Shufeng.

Source: On Law (Cicero's Works) _ Baidu