Final - CICERO.doc

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Political Science
Andy Lee

MARCUS TULLIUS CICERO ON THE REPUBLIC (DE REPUBLICA) Res Publica (Scipio’s)  literally public affair/property - I.39: a republic is the property of the public – a numerous gathering of The People [populus] with moral quality, brought together by legal consent [coetus…consensus iuris] and community of interest [utilitatis communione sociatus].  4 kind of government - I.69 best form of constitution - I.45 “…a carefully proportioned mixture” of monarchy, aristocracy and democracy ON THE LAWS (DE LEGIBUS) Law  achieving res republica needs a system of rule of law  2 translations in Latin - Jus = right, in the sense of an objective norm or standard  connection to justice (justitiaI) - I.42 right-ness (jus) is natural, not conventional; rooted firmly in social bonds between members of res republic - I.28 “We are born for justice,” naturally inborn in all humans → I.33 Every human by nature has reason → ‘Right reason’ is a part of reason → ‘Right reason’ is jus. :. Every human has natural capacity to live according to jus - Lex = statutes formally passed and promulgated by the populus  not all lex is jus - need objective standard (jus) to evaluate moral ‘right-ness’ of lex - to reform Rome’s leges to be more jus-like = rationaliz
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