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

Statements of Cicero about the state are a rarity in history. Philosophically inclined 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 devoted man who wanted peace and harmony above all else. Cicero’s natural views on the state are still influential. Unlike many of his contemporaries, the philosopher did not make a career through war, but instead used oratory on the ships of his time. He opposed the tyranny of Caesar and subsequently Mark Anthony. In the end, Cicero was killed after uttering an extremely harsh condemnation of the latter as part of a series of performances called The Philippians.

Relevance

doctrine of law

Cicero’s doctrine of the state gives a key idea of ​​both the development of modern Western theories of natural law and the structuring of political communities around these principles. Given the great influence of the philosopher, it is a shame that the praises given to him have sharply decreased over the past hundred years. The works of Cicero invariably prove to be useful and relevant, especially given their widespread implications for Western intellectual and political history.

Law

Speaking 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 of the state, of the laws was as follows:

They spread throughout the human community, invariably and forever, urging people to fulfill their duties by orders and keeping them from unlawful actions by their prohibitions. If civil law does not comply with the commandments of nature (divine law).

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

  1. Do not initiate violence without good reason.
  2. Keep your promises.
  3. Respect the private property and common property of people.
  4. Be charitable in relation to others within our means.

Nature

doctrine of the state

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

In his speeches condemning Marc Anthony, Cicero even suggested that the laws adopted by him had no effect, since he enforced them by using obvious violence and not the right cause. For a philosopher, law is not easy power; it is a sure foundation in harmony with nature. Similarly, in relation to Caesar, Cicero wrote about the origin of the state. He believed that the reign of the emperor was a political organization in form and not in ethical essence.

The Three Political Ideas of Cicero

about state and law

The basis of the philosophy of Cicero consists of three interconnected elements: faith in natural equality and a relaxed state for man. The true significance of Cicero in the history of political thought lies in the fact that he gave the Stoics doctrine of natural law a statement in which it was widely known throughout Western Europe from its day of announcement until the 19th century.

Cicero was not the first to speak of state and law. So, for example, in some works it is noticeable that he combined the Platonic principles and the 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 they can be found in all nations. This universality of law is the foundation of the world. Since the norms of nature are supreme, no one can violate it.

According to Cicero, a true law is a true mind in harmony with nature. In his opinion, nature is the highest manifestation of correct consciousness. It is a universal application, immutable and eternal. He calls for the implementation of his orders and prevents improper actions by his prohibitions.

His commands and prohibitions always affect good people, but they don’t affect bad people. Trying to change this law is not a sin, just as you cannot try to cancel 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 complies with reason, it cannot be contrary to nature.

This implies that, according to Cicero, human law that violates the law of nature must be invalidated.

The concept of natural equality

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

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

All people and human races have the same ability to experience and all of them can differentiate 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.

This was limited only to the selected number. So Aristotle's idea of ​​equality was not comprehensive. 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.

The duty of any political society is to provide a certain dignity to every person. Cicero abandoned the old idea of ​​slavery. Slaves are neither a tool, nor property, they are people. Thus, they are entitled to fair treatment and an independent person.

State idea

Cicero's doctrine of state and law

The purpose of Cicero 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 base on Plato.

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

The Commonwealth is the property of the people. But people are not some kind of aggregate, collected in any way, but many that are in large numbers connected by an agreement on justice and partnership for the common good.

The root cause of such associations is not so much the individual’s weakness as a certain social spirit, which nature has embedded in him. For a person is not a lonely and not a social being, but born with such a nature that even in conditions of great prosperity he does not want to be isolated from his brothers.

The above observation reveals some of the features of Cicero's statements about the state briefly. He defined the nature of society as the business, thing or property of people. This term is quite equivalent to commonwealth, and Cicero used it. According to the philosopher, society as a fraternity has ethical goals, and if it cannot fulfill this mission, then it is "nothing."

Cicero on state and law (briefly)

cicero doctrine of the state

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

It is good for the common good. Cicero said that there is nothing in which human supremacy could come closer to the divine than in the founding of new states or in the preservation of already created ones.

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

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

When political power is properly and legally enforced, it will be seen as the will of the people. Finally, the state and its law obey God. In the theory of state power, Cicero does not occupy a very important place. Only for the sake of justice and the right power can be used.

Like Polybius, Cicero proposed three types of government:

  1. Royal power.
  2. Aristocracy.
  3. Democracy.

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

Only a mixed configuration is the proper guarantee of the stability of society. Cicero preferred the republican form of government as an ideal example of checks and balances for the stability and usefulness 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 possess any original thinking. The mixed form of government of Cicero is less mechanical.

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

The law as part of nature

The power and cultural ideas underlying Roman law became more distinct in the last centuries of the republican period, especially thanks to the extensive work of the lawyer and philosopher Cicero (106-43 BC), who tried, but could not defend the republic against revolts of such a dictator as Julius Caesar. Although Cicero lost this political battle, his ideas strongly influenced later Western thought, including the prototype of the founders of America. Throughout the nineteenth century, the philosopher was considered a model of oratory and a leading thinker on legal and political issues. In particular, Cicero is known for changing and transferring to the Greek Stoic the tradition of natural law, i.e., 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 feelings of a mentor and messenger. And also unclear, insufficiently clarified ideas about many things as the basis of knowledge. All this is truly a preface and its purpose is to simplify the understanding that justice is inherent in nature. The wisest of people 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, which rules the entire universe with its wisdom in command. Thus, they are used to saying that the law is the primary and final mind of God, whose consciousness directs all things either by coercion or restraint.

Human equality

cicero's doctrine of law

A person must realize that he was born for justice, and this right is based not on people's opinions, but on nature. This will already become apparent if we study the communication and communication of people among themselves. For there is nothing as similar as one person to another. And, therefore, no matter how one is defined, the establishment will apply to all. This is sufficient evidence that there is no difference in nature between species. Indeed, the mind, which alone raises above the level of animals, is certainly common to all. Although he differs in that he is able to learn. It is this right that causes the origin of the state.

Cicero: government exists to protect

doctrine of cicero

The official must first of all ensure 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 into communities, in the hope of protecting their property, they sought to repel attacks on cities.

About the forms of state, Cicero and Machiavelli said:

Each republic should be governed by some kind of deliberative body, if it is permanent. This function should be either provided 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 the king, and this form of state - the kingdom. When selected citizens have power, society is said to be ruled by an aristocracy. But a people's government (as it is called) exists when all power is in the hands of 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.

Source: https://habr.com/ru/post/F912/


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