*39* Now, in my opinion at least, every walk and vocation in life calls
for human co-operation--first and above all, in order that one may have
friends with whom to enjoy social intercourse. And this is not easy,
unless one is looked upon as a good man. So, even to a man who shuns
society and to one who spends his life in the country a reputation for
justice is essential--even more so than to others; for they who do not
have it [but are considered unjust] will have no defence to protect
them and so will be the victims of many kinds of wrong. *40* So also to
buyers and sellers, to employers and employed, and to those who are
engaged in commercial dealings generally, justice is indispensable for
the conduct of business. #Honour among thieves.# Its importance is so
great, that not even those who live by wickedness and crime can get on
without some small element of justice. For if a robber takes anything by
force or by fraud from another member of the gang, he loses his standing
even in a band of robbers; and if the one called the "Pirate Captain"
should not divide the plunder impartially, he would be either deserted
or murdered by his comrades. Why, they say that robbers even have a code
of laws to observe and obey. And so, because of his impartial division
of booty, Bardulis, the Illyrian bandit, of whom we read in Theopompus,
acquired great power, Viriathus, of Lusitania, much greater. He actually
defied even our armies and generals. But Gaius Laelius--the one surnamed
"the Wise"--in his praetorship crushed his power, reduced him to terms,
and so checked his intrepid daring, that he left to his successors an
easy conquest.
Since, therefore, the efficacy of justice is so great that it
strengthens and augments the power even of robbers, how great do we
think its power will be in a constitutional government with its laws and
courts?
*41* XII. Mihi quidem non apud Medos solum, ut ait Herodotus, sed etiam
apud maiores nostros iustitiae fruendae causa videntur olim bene morati
reges constituti. Nam cum premeretur inops[203] multitudo ab iis, qui
maiores opes habebant, ad unum aliquem confugiebant virtute praestantem;
qui cum prohiberet iniuria tenuiores, aequitate constituenda summos cum
infimis[204] pari iure retinebat.[205] Eademque constituendarum legum
fuit causa, quae regum. *42* Ius enim semper est quaesitum aequabile;
neque enim aliter esset ius. Id si ab uno iusto et bono viro
consequebantur, erant eo contenti; cum id minus contingeret, leges sunt
inventae, quae cum omnibus semper una atque eadem voce loquerentur.
Ergo hoc quidem perspicuum est, eos ad imperandum deligi solitos, quorum
de iustitia magna esset opinio multitudinis. Adiuncto vero, ut idem
etiam prudentes haberentur, nihil erat, quod homines iis auctoribus non
posse consequi se arbitrarentur. Omni igitur ratione colenda et
retinenda iustitia est cum ipsa per sese (nam aliter iustitia non
esset), tum propter amplificationem honoris et gloriae.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account