Cicero on the state: the essence of the doctrine, the main theses, the history of origin

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Cicero on the state: the essence of the doctrine, the main theses, the history of origin
Cicero on the state: the essence of the doctrine, the main theses, the history of origin
Anonim

Cicero's statements about the state are a rarity in history. Philosophical person with political power. He was born in Arpin in 106 BC. e. His career took place during the twilight of the "sick" Roman Empire. He was a self-proclaimed constitutionalist, but also a dedicated man who wanted peace and harmony above all else. Cicero's natural views on the state have an impact to this day. Unlike many of his contemporaries, the philosopher did not make a career out of war, but instead used oratory on the courts of his day. He opposed the tyranny of Caesar and subsequently Mark Antony. In the end, Cicero was killed after delivering an extremely harsh denunciation of the latter in a series of speeches called "Philippi".

Relevance

doctrine of law
doctrine of law

Cicero's teaching on the state gives a key idea of how developmentmodern Western theories of natural law, and the structuring of political communities around these principles. Given the philosopher's enormous influence, it's a shame that the praise given to him has dwindled dramatically over the last hundred years. Cicero's writings consistently prove useful and relevant, especially given their broad implications for Western intellectual and political history.

Law

Talking about the state and law, Cicero insisted that the civil industry should be formed in accordance with the natural law of the divine mind. For him, justice was not a matter of opinion, but a fact. Cicero's opinion about the state, about the laws was as follows:

They spread throughout the human community, unchangingly and forever, calling people to their duties by orders and keeping them from misconduct by their prohibitions. If the civil law is not in accordance with the commandments of nature (divine law).

The philosopher argued that, by definition, the former cannot truly be considered the norm, since true command is "right cause in harmony with nature." Since humanity receives justice from the essence of man and his relationship to the environment, everything that contradicts this cannot be considered fair or lawful. Cicero's doctrine of the state and law came to the conclusion that the principles of justice have four aspects:

  1. Do not initiate violence without good reason.
  2. Keeping your promises.
  3. Respect private property andcommon property of the people.
  4. Be charitable towards others within your means.

Nature

the doctrine of the state
the doctrine of the state

According to Cicero's principle of the state, it exists to support laws that are in harmony with the universal principles of nature. If a country does not support the right cause in accordance with nature, it is a non-political organization. In the statements of Cicero about the state, about laws, it is said that these concepts are of a normative nature, and not generally accepted. He argued that without the key element of justice embodied in law, it is impossible to create a political organization. And also the philosopher notes that "many harmful and pernicious measures are taken in human communities, which do not approach the laws any more than if a gang of criminals agreed to make some rules."

In his speeches denouncing Mark Antony, Cicero even suggested that the laws he passed had no effect because he enforced them with sheer force rather than proper reason. For a philosopher, law is not just power, it is a sure foundation in accordance with nature. Similarly, in relation to Caesar, Cicero wrote about the origin of the state. He believed that the emperor's reign was a political organization in form, not in ethical essence.

Three political ideas of Cicero

about the state and law
about the state and law

The basis of Cicero's philosophy consists of three interrelated elements: faith in natural equality and natural for manstate. The real significance of Cicero in the history of political thought lies in the fact that he gave the Stoic doctrine of natural law a statement in which it was widely known throughout Western Europe from its date of promulgation until the 19th century.

Cicero was not the first to speak about the state and law. So, for example, in some works it is noticeable that he combined the Platonic principles and justice of the eternal and stoic supremacy and universality of law as it exists in nature. The versatile law of nature binds all people together.

Natural rules are unchanging and can be found in all nations. This universality of law is the basis of the world. Since the norms of nature are the highest, no one can break it.

According to Cicero, the true law is the right mind in accordance with nature. In his opinion, nature is the highest manifestation of right consciousness. It is a universal application, unchanging and eternal. He calls for the fulfillment of his orders and prevents wrong actions with his prohibitions.

His commands and prohibitions always affect good people, but never affect bad ones. Attempting to change this law is not a sin, just as one should not try to abolish any part of it or all of it.

Cicero brought the concept of abstract reason and natural law into direct connection with the activity of human consciousness and the legislation of the state. If human law is consistent with reason, it cannot be contrary to nature.

This implies that, according to Cicero, the humanlegislation that violates the law of nature must be declared null and void.

The concept of natural equality

Cicero's concept of parity is another aspect of his political philosophy. People are born for justice, and this right is based not on the opinion of man, but on nature. There is no difference between people in the eyes of natural law. They are all equal. As far as learning and owning property, there is undoubtedly a difference between one person and another.

But having reason, psychological appearance and attitude towards good and evil, all people are equal. Man is born to achieve justice, and in this respect there should be no difference.

All humans and human races have the same ability to experience and they can all equally distinguish between good and evil.

Commenting on Cicero's view of natural equality, Carlisle said that no change in political theory is as striking in its entirety as the transition from Aristotle to the concept of natural equality. This philosopher also thought about equality among all. But he was not ready to grant citizenship to all people.

It was limited to only a selected number. So Aristotle's idea of equality was not all-encompassing. Only a few were equal. Cicero viewed equality from a moral perspective. That is, all people are created by God, and they are born for justice. Therefore, artificial discrimination is not only unfair, but also immoral.

It is the duty of any political society to secure a certain dignityevery person. Cicero abandoned the old idea of slavery. Slaves are neither tools nor property, they are people. Thus, they are en titled to fair treatment and an independent personality.

Idea of the State

Cicero's doctrine of state and law
Cicero's doctrine of state and law

Cicero's goal in the republic is to formulate the concept of an ideal society, as Plato did in his state. He made no attempt to hide his Platonic origins.

He adopted the same dialogue technique. But Cicero said about the state that it is not an imaginary organization. This is limited to Roman society only, and he cited illustrations from the history of the empire.

The Commonwe alth is the property of the people. But people are not a collection, gathered in any way, but a multitude, which are in large numbers interconnected by an agreement regarding justice and partnership for the common good.

The root cause of such associations is not so much the weakness of the individual, but some kind of social spirit that nature has laid in him. For man is not a solitary and social being, but born with such a nature that even in conditions of great prosperity he does not wish to be isolated from his fellows.

The above observation reveals some of the features of Cicero's statements about the state briefly. He defined the nature of society as a matter, thing or property of people. This term is quite equivalent to commonwe alth, and Cicero used it. According to the philosopher, society as a brotherhood hasethical goals, and if it fails to fulfill this mission, then it is "nothing".

Cicero on State and Law (briefly)

Cicero's doctrine of the state
Cicero's doctrine of the state

Society is based on an agreement to share the common good. Another feature of Cicero's state is that people gathered together, guided not by their weakness, but by their sociable nature. Man is not a solitary animal. He loves and gets used to his own kind. This is innate nature. It is the rational behavior of people that is responsible for the foundation of the state. Therefore, we can call it a necessary union.

It's good for the common good. Cicero said that there is nothing in which human superiority could come closer to the divine than in founding new states or in maintaining those already established.

The desire to share the common good is so ardent that people overcome all temptations of pleasure and comfort. Thus, Cicero formulates a concept that is at the same time exclusively political. His idea of the state and citizenship is strikingly reminiscent of the thought of Plato and Aristotle.

Naturally, all members of society should take care of each other's strengths and weaknesses. Because the state is a corporate body, its authority appears to be collective and comes from the people.

When political power is duly and lawfully exercised, it will be regarded as the will of the people. Finally, the state and its law are subject to God. In Cicero's theory of state power, they do not occupy a very importantplaces. Only for the sake of justice and the right power can be used.

Like Polybius, Cicero proposed three types of government:

  1. Roy alty.
  2. Aristocracy.
  3. Democracy.

All forms of Cicero's state have had an increase in corruption and instability, and this leads to a fall in power.

Only a mixed configuration is a proper guarantee of the stability of society. Cicero preferred a republican form of government as an ideal example of checks and balances for the stability and benefit of the political system.

According to Dunning, although Cicero followed Polybius in the theory of checks and balances, it would be wrong to assume that he did not have some originality of thought. Cicero's mixed form of government is less mechanical.

There can be no doubt that in a frontier region where ethics, jurisprudence and diplomacy meet, Cicero did the work that gives him an important place in the history of political theory.

Law as part of nature

The powerful and cultural ideas underlying Roman law became more distinct in the last centuries of the Republican period, especially through the extensive writings of the jurist and philosopher Cicero (106-43 BC), who tried, but failed to defend the republic against the rise of a dictator like Julius Caesar. Although Cicero lost this political battle, his ideas strongly influenced later Western thought, including the prototype of America's founders. Throughout the nineteenth century, the philosopher was considered a model of oratoryart and a leading thinker on legal and political issues. In particular, Cicero is known for changing and transmitting to the Greek Stoics the tradition of natural law, that is, the idea that there is a universal law that is part of nature itself.

Nature not only endowed man with reason, but also gave him the feeling of a mentor and a messenger. As well as unclear, insufficiently explained ideas about many things as the basis of knowledge. All this is really a preface and its purpose is to make it easier to understand that justice is inherent in nature. The wisest of men believed that the law is not a product of human thought and does not appear to be an act of peoples, but rather an eternal one that governs the entire universe with its wisdom in command. Thus, they are accustomed to saying that the law is the primary and final mind of God, whose consciousness governs all things either by coercion or restraint.

Human equality

Cicero's doctrine of law
Cicero's doctrine of law

A person must realize that he was born for justice, and this right is based not on the opinion of people, but on nature. This will already become obvious if you study the communication and connection of people with each other. For there is nothing as similar as one person to another. And, therefore, however one is defined, the setting will apply to all. This is proof enough that there is no difference in nature between species. And indeed, the mind that one raises above the level of beasts is, of course, common to all. Although it differs in thatable to learn. It is this right that is the cause of the origin of the state.

Cicero: government exists to protect

Cicero's teaching
Cicero's teaching

The official must first of all take care that everyone has what belongs to him, and that public actions do not infringe on private property. The main goal in creating cities and republics was that each person could have what belongs to him. For although under the guidance of nature people were united in communities, in the hope of protecting their property, they sought to repel attacks on cities.

Cicero and Machiavelli said about the forms of the state:

Each republic should be governed by some deliberative body, if it is permanent. This function should either be given to one person, or to certain elected citizens, or it should be performed by the whole people. When the supreme power is in the hands of one person, he is called a king, and this form of state is called a kingdom. When elected citizens hold power, society is said to be ruled by the aristocracy. But the people's government (as it is called) exists when all power is in the hands of the people. If the bonds that originally united citizens in partnership with the state are maintained, any of these three forms of government can be tolerated.

Now you know what Cicero said about the state.

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