History of Roman Literature from its Earliest Period to the Augustan Age. Vol. IIDunlop, John Colin
History
History of Roman Literature from its Earliest Period to the Augustan Age. Vol. II
Dunlop, John Colin
Latin literature -- History and criticism
An ancient oak, which stood in Cicero’s pleasure-grounds, led Atticus to
inquire concerning the augury which had been presented to Marius, a native
of Arpinum, from that very oak, and which Cicero had celebrated in a poem
devoted to the exploits of his ferocious countryman, Cicero hints, that
the portent was all a fiction; which leads to a discussion on the
difference between poetry and history, and the poverty of Rome in the
latter department. As Cicero, owing to the multiplicity of affairs, had
not then leisure to supply this deficiency, he is requested by his guests,
to give them, in the meanwhile, a dissertation on Laws—a subject with
which he was so conversant, that he could require no previous preparation.
It is agreed, that he should not treat of particular or arbitrary laws,—as
those concerning _Stillicide_, and the forms of judicial procedure—but
should trace the philosophic principles of jurisprudence to their remotest
sources. From this recondite investigation he excludes the Epicureans, who
decline all care of the republic, and bids them retire to their gardens.
He entreats that the new Academy should be silent, since her bold
objections would soon destroy the fair and well-ordered structure of his
lofty system. Zeno, Aristotle, and the immediate followers of Plato, he
represents as the teachers who best prepare a citizen for performing the
duties of social life. Them he professes chiefly to follow; and, in
conformity with their system, he announces in the first book, which treats
of laws in general, that man being linked to a supreme God by reason and
virtue, and the whole species being associated by a communion of feelings
and interests, laws are alike founded on divine authority and natural
benevolence.
According to this sublime hypothesis, the whole universe forms one immense
commonwealth of gods and men, who participate of the same essence, and are
members of the same community. Reason prescribes the law of nature and
nations; and all positive institutions, however modified by accident or
custom, are drawn from the rule of right which the Deity has inscribed on
every virtuous mind. Some actions, therefore, are just in their own
nature, and ought to be performed, not because we live in a society where
positive laws punish those who pay no regard to them, but for the sake of
that equity which accompanies them, independently of human ordinances.
These principles may be applicable to laws in a certain sense; but, in
fact, it is rather moral right and justice than laws that the author
discusses—for bad or pernicious laws he does not admit to be laws at all.
To do justice, to love mercy, and to worship God with a pure heart, were,
doubtless, laws in his meaning, (that is, they were right,) previous to
their enactment, and no human enactment to the contrary could abrogate
them. His principles, however, apply to laws in this sense, and not to
arbitrary civil institutions.
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