For episode 8 see here
The Theory of the Universal Community
IX. Cicero and the Roman Lawyers
A. Known [Western] world soon to be under single political rule like
Mediterranean
1. Melting pot became single community
2. No politically self-conscious nations
3. Stoic ideas of world-state, natural justice and universal citizenship
became common property of all educated men
4. World ruled by God, father to human who were therefore brothers
B. Development of these ideas followed two lines
1. embedding of "natural law"into Roman jurisprudence
2. development of religious implications of law and government rooted in
plan of Divine Providence
3. little political theory done systematically
C. Cicero not original but very widely read
1. Wrote to bring Rome back to Republican virtues but failed
2. Most important contribution was to give statement of Stoic doctrine of
natural law universally known in the West through the 19th century
3. Natural law arose from fact of God's providential government of the
world and from rational and social nature of human being which makes
them akin to God
i. In light of this law, all men are equal
"Indeed Cicero goes so far as to suggest that it is nothing but error, bad habits
and false opinions that prevents men from being in fact equal." (164)
ii. Equality is moral requirement rather than a fact, contrary to Aristotle
4. State is a moral community, the res publica, or affair of the people
5. Membership in the state is common possession of all its citizens, as is its
advantages of mutual aid and just government. Thus:
i. its authority arises from the collective power of the people
ii. political power when rightfully and lawfully exercised is corporate power
of the people (and only to be exercised by law)
iii. state itself and the law is subject to God, in effect to moral or
natural law
D. Roman lawyers
1. Classical period of development of Roman jurisprudence , repetition and
elaboration of Cicero in the 2nd and 3rd Centuries AD
2. Speaking in terms of right and justifiable powers (legalistic argumentation)
remained a generally accepted method of political theorizing
3. Positive Law was seen as approximation to perfect justice and
definition of the right, lawyers seen as "priests of justice"
4. Emperor's will has force of law because people transfer to him their
power
Next week: Seneca and the Fathers of the Church
The Theory of the Universal Community
IX. Cicero and the Roman Lawyers
A. Known [Western] world soon to be under single political rule like
Mediterranean
1. Melting pot became single community
2. No politically self-conscious nations
3. Stoic ideas of world-state, natural justice and universal citizenship
became common property of all educated men
4. World ruled by God, father to human who were therefore brothers
B. Development of these ideas followed two lines
1. embedding of "natural law"into Roman jurisprudence
2. development of religious implications of law and government rooted in
plan of Divine Providence
3. little political theory done systematically
C. Cicero not original but very widely read
1. Wrote to bring Rome back to Republican virtues but failed
2. Most important contribution was to give statement of Stoic doctrine of
natural law universally known in the West through the 19th century
3. Natural law arose from fact of God's providential government of the
world and from rational and social nature of human being which makes
them akin to God
i. In light of this law, all men are equal
"Indeed Cicero goes so far as to suggest that it is nothing but error, bad habits
and false opinions that prevents men from being in fact equal." (164)
ii. Equality is moral requirement rather than a fact, contrary to Aristotle
4. State is a moral community, the res publica, or affair of the people
5. Membership in the state is common possession of all its citizens, as is its
advantages of mutual aid and just government. Thus:
i. its authority arises from the collective power of the people
ii. political power when rightfully and lawfully exercised is corporate power
of the people (and only to be exercised by law)
iii. state itself and the law is subject to God, in effect to moral or
natural law
D. Roman lawyers
1. Classical period of development of Roman jurisprudence , repetition and
elaboration of Cicero in the 2nd and 3rd Centuries AD
2. Speaking in terms of right and justifiable powers (legalistic argumentation)
remained a generally accepted method of political theorizing
3. Positive Law was seen as approximation to perfect justice and
definition of the right, lawyers seen as "priests of justice"
4. Emperor's will has force of law because people transfer to him their
power
Next week: Seneca and the Fathers of the Church
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