2010•Scholae. Философское антиковедение и классическая традицияRequires access

Цицерон о законах идеального государства

Брагова Арина Михайловна

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Abstract

Formulating the juridical component of his ideal state in the dialogue De legibus Cicero combines Greek legal theory and Roman state activity. He sees the law as a supreme ratio inherent in the nature, which allows people to do what ought to be done and to refrain from the opposite. It is justice that can be found at the core of law, but (contrary to the sophistic tradition) justice available to every citizen, not exclusively to the rulers, since only this sort of law guarantees equal treatment to all Roman citizens. Justice and equality are deeply rooted in civil virtues reflected in Roman tradition, an unwritten law of divine origin (that is why religious laws have to be most strictly observed). Examples given in the article show how Cicero uses these theoretical premises in his discussion of some legal acts related to the imperium of magistrates and the function of the tribunate.

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Formulating the juridical component of his ideal state in the dialogue De legibus Cicero combines Greek legal theory and Roman state activity. He sees the law as a supreme ratio inherent in the nature, which allows people to do what ought to be done and to refrain from the opposite. It is justice that can be found at the core of law, but (contrary to the sophistic tradition) justice available to every citizen, not exclusively to the rulers, since only this sort of law guarantees equal treatment to all Roman citizens. Justice and equality are deeply rooted in civil virtues reflected in Roman tradition, an unwritten law of divine origin (that is why religious laws have to be most strictly observed). Examples given in the article show how Cicero uses these theoretical premises in his discussion of some legal acts related to the imperium of magistrates and the function of the tribunate.

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Available abstract

Formulating the juridical component of his ideal state in the dialogue De legibus Cicero combines Greek legal theory and Roman state activity. He sees the law as a supreme ratio inherent in the nature, which allows people to do what ought to be done and to refrain from the opposite. It is justice that can be found at the core of law, but (contrary to the sophistic tradition) justice available to every citizen, not exclusively to the rulers, since only this sort of law guarantees equal treatment to all Roman citizens. Justice and equality are deeply rooted in civil virtues reflected in Roman tradition, an unwritten law of divine origin (that is why religious laws have to be most strictly observed). Examples given in the article show how Cicero uses these theoretical premises in his discussion of some legal acts related to the imperium of magistrates and the function of the tribunate.

Key concepts: Cicero, Law, Economic Justice, State (computer science), Political science, Civil law (Civil law), Ideal (ethics), Philosophy

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Цицерон о законах идеального государства — Research Paper | ScholarLens