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The ''De Legibus'' (''On the Laws'') is a dialogue written by
Marcus Tullius Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who tried to uphold optimate principles during the political crises that led to the esta ...
during the last years of the
Roman Republic The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Ki ...
. It bears the same name as
Plato Plato ( ; grc-gre, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was a Greek philosopher born in Athens during the Classical period in Ancient Greece. He founded the Platonist school of thought and the Academy, the first institution ...
's famous dialogue, '' The Laws''. Unlike his previous work ''
De re publica ''De re publica'' (''On the Commonwealth''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
,'' in which Cicero felt compelled to set the action in the times of Scipio Africanus Minor, Cicero wrote this work as a fictionalized dialogue between himself, his brother Quintus and their mutual friend
Titus Pomponius Atticus Titus Pomponius Atticus (November 110 BC – 31 March 32 BC; later named Quintus Caecilius Pomponianus Atticus) was a Roman editor, banker, and patron of letters, best known for his correspondence and close friendship with prominent Roman ...
. The dialogue begins with the trio taking a leisurely stroll through Cicero's familial estate at Arpinum and they begin to discuss how the laws should be. Cicero uses this as a platform for expounding on his theories of natural law of harmony among the classes. The three surviving books (out of an indeterminate number, although Jonathan Powell and
Niall Rudd William James Niall Rudd (23 June 1927 – 5 October 2015) was an Irish-born British classical scholar. Life and work Rudd was born in Dublin and studied Classics at Trinity College, Dublin. He then taught Latin at the Universities of Hull and M ...
in their translation for Oxford seem to argue that it may have been six, to bring it in line with the number in ''
de re publica ''De re publica'' (''On the Commonwealth''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
''), in order, expound on Cicero's beliefs in
Natural Law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
, recasts the religious laws of Rome (in reality a rollback to the religious laws under the king
Numa Pompilius Numa Pompilius (; 753–672 BC; reigned 715–672 BC) was the legendary second king of Rome, succeeding Romulus after a one-year interregnum. He was of Sabine origin, and many of Rome's most important religious and political institutions ar ...
) and finally talk of his proposed reforms to the Roman Constitution. Whether or not the work was meant as an earnest plan of action is unknown. Cicero's basic
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
and
tradition A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or ...
alist beliefs led him to imagine an idealized Rome before the
Gracchi The Gracchi brothers were two Roman brothers, sons of Tiberius Sempronius Gracchus who was consul in 177 BC. Tiberius, the elder brother, was tribune of the plebs in 133 BC and Gaius, the younger brother, was tribune a decade later in ...
, with the classes still in harmony. From there, he reformed the worst points of the Roman constitution, while keeping the majority of it. Cicero's proposed constitution in Book Three must be seen as a renovation of the existing order, not a call to shatter the order and build anew. However, less than a decade after the accepted date for his beginning the manuscript,
Julius Caesar Gaius Julius Caesar (; ; 12 July 100 BC – 15 March 44 BC), was a Roman general and statesman. A member of the First Triumvirate, Caesar led the Roman armies in the Gallic Wars before defeating his political rival Pompey in a civil war, an ...
crossed the
Rubicon The Rubicon ( la, Rubico; it, Rubicone ; rgn, Rubicôn ) is a shallow river in northeastern Italy, just north of Rimini. It was known as Fiumicino until 1933, when it was identified with the ancient river Rubicon, famously crossed by Julius Ca ...
, launching the civil war that would end the Republic.


Book One

The book opens with Cicero, Quintus and Atticus walking through the shaded groves at Cicero's Arpinum estate, when they happen across an old oak tree linked by legend to the general and
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
Gaius Marius Gaius Marius (; – 13 January 86 BC) was a Roman general and statesman. Victor of the Cimbric and Jugurthine wars, he held the office of consul an unprecedented seven times during his career. He was also noted for his important refor ...
, who also was a native of Arpinum. Atticus questions whether or not it still exists, to which Quintus replies that so long as people remember the spot and the associations connected with it, the tree will exist regardless of its physical presence. This brings the trio into a discussion of the porous border between fact and fable in historians' writing of the day. Cicero lets on that even in their day, many of the stories of the
Roman kings The king of Rome ( la, rex Romae) was the ruler of the Roman Kingdom. According to legend, the first king of Rome was Romulus, who founded the city in 753 BC upon the Palatine Hill. Seven legendary kings are said to have ruled Rome until 509 BC ...
, such as
Numa Pompilius Numa Pompilius (; 753–672 BC; reigned 715–672 BC) was the legendary second king of Rome, succeeding Romulus after a one-year interregnum. He was of Sabine origin, and many of Rome's most important religious and political institutions ar ...
conversing with the nymph Egeria, were thought of as fables or parables rather than as actual incidents which happened. Atticus takes the opportunity to prod Cicero to starting a promised work on Roman history (if such a work existed, it has not surfaced to any extent in modern times) and flatters him by pointing out that in any case, Cicero may be one of the more qualified men in Rome to do it, given the numerous flaws of Roman historians of the era. Cicero begs off, mentioning that he has his hands full with studying the law in preparation for cases. This brings us to the meat of the book, an exposition of the wellspring of the law. Atticus, as a divertissement, asks Cicero to put some of his knowledge to use right then and there and give them a discussion on the law as they walk across his estate. To Cicero, law was not a matter of written statutes, and lists of regulations, but was a matter deeply ingrained in the human spirit, one that was an integral part of the human experience. His reasoning goes thus: * Humans were created by a higher power or powers (and for the sake of argument, Cicero has the
Epicurean Epicureanism is a system of philosophy founded around 307 BC based upon the teachings of the ancient Greek philosopher Epicurus. Epicureanism was originally a challenge to Platonism. Later its main opponent became Stoicism. Few writings by Ep ...
Atticus concede the point that this higher power is engaged with the affairs of humanity). *This higher power which created the universe did, for reasons known to itself, endow humans with a bit of its own divinity, giving the human race the powers of speech, reason, and thought. **Due to this spark of divinity inside humans, they must ''de facto'' be related to the higher power in some fashion. *Because humans share reason with the higher power, and because this higher power is presumed to be benevolent, it follows that humans, when employing reason correctly, will likewise be benevolent. *This reason is what Cicero considers the law. To him, the law is whatever promotes good and forbids evil. What holds us back from upholding this absolutely is our human failings, our lusts for pleasure, wealth, status, other inconsequentials outside of virtue and honor.


Book Two

Book Two begins with Cicero espousing his beliefs on
Natural Law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
. The party has made it to an island in the river Fibrenius where they sit and relax and resume their discussion. As the book begins, Cicero and Atticus argue about whether a person can hold patriotism for both one's larger country and the region therein that one hails from: i.e., can one love Rome and Arpinum at the same time? Cicero argues that not only can one, but it is natural. Cicero uses the example of
Cato the Elder Marcus Porcius Cato (; 234–149 BC), also known as Cato the Censor ( la, Censorius), the Elder and the Wise, was a Roman soldier, senator, and historian known for his conservatism and opposition to Hellenization. He was the first to write hi ...
, who by dint of his birth in
Tusculum Tusculum is a ruined Classical Rome, Roman city in the Alban Hills, in the Latium region of Italy. Tusculum was most famous in Roman times for the many great and luxurious patrician country villas sited close to the city, yet a comfortable dist ...
was a Roman citizen yet could, with no hypocrisy, also call himself a Tuscan. However, Cicero also makes the important distinction that one's birthplace must take subordination to the land of one's citizenship—that there is where one's duty is owed to and for which one must, if necessary, lay down one's life. Cicero also strengthens the link between him and
Gaius Marius Gaius Marius (; – 13 January 86 BC) was a Roman general and statesman. Victor of the Cimbric and Jugurthine wars, he held the office of consul an unprecedented seven times during his career. He was also noted for his important refor ...
by having Atticus mention a speech by
Pompey Gnaeus Pompeius Magnus (; 29 September 106 BC – 28 September 48 BC), known in English as Pompey or Pompey the Great, was a leading Roman general and statesman. He played a significant role in the transformation of ...
, who talked of Rome's debt to Arpinum, as its two greatest sons were also Rome's saviors. Once the trio reach the island, Cicero launches into an examination of law. He begins by saying that law does not, and cannot, begin with men. Men, to him, are the instruments of a higher wisdom which governs the entire earth and has the power, through shared morality, to command good or forbid evil. Cicero also makes a distinction in this section between ''legalism'' (actual written law) and ''law'' (right and wrong as dictated by the eternal wisdom). To Cicero, human laws can be good or ill depending on whether they are in sync with the eternal, natural law. A law enacted for a purely temporary or local purpose is law, according to him, by dint of public approval. It has force of law only so long as people observe it and the state enforces it. Natural law, however, needs no encoding, no enforcement. By way of example, Cicero mentions that when
Sextus Tarquinius Sextus Tarquinius was the third and youngest son of the last king of Rome, Lucius Tarquinius Superbus, according to Livy, but by Dionysius of Halicarnassus he was the oldest of the three.Roman Antiquities Book 4.69 According to Roman tradition, ...
, son of King
Lucius Tarquinius Superbus Lucius Tarquinius Superbus (died 495 BC) was the legendary seventh and final king of Rome, reigning 25 years until the popular uprising that led to the establishment of the Roman Republic.Livy, '' ab urbe condita libri'', I He is commonly known ...
, raped
Lucretia According to Roman tradition, Lucretia ( /luːˈkriːʃə/ ''loo-KREE-shə'', Classical Latin: ʊˈkreːtɪ.a died c.  510 BC), anglicized as Lucrece, was a noblewoman in ancient Rome, whose rape by Sextus Tarquinius (Tarquin) and subseq ...
, there were no laws in Rome governing
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
. However, even then, the populace knew viscerally that what had happened was against shared morality, and followed
Lucius Junius Brutus Lucius Junius Brutus ( 6th century BC) was the semi-legendary founder of the Roman Republic, and traditionally one of its first consuls in 509 BC. He was reputedly responsible for the expulsion of his uncle the Roman king Tarquinius Superbus after ...
to overthrow the Tarquins. Evil laws, or ones that go against the eternal law, further, do not deserve the title, and states that enact them to the exclusion of the eternal law do not deserve the title states. To demonstrate, Cicero uses the analogy of unschooled people or quacks passing themselves off as doctors and prescribing deadly treatments. No one in their right mind, Cicero argues, would dare call such treatments "medicine" or their practitioners "doctors". Cicero's insistence that religious belief (the belief in the gods, or God, or the Eternal wisdom) must be the cornerstone of law leads the trio, naturally, into the framing of religious laws. The laws proposed by Cicero seem to draw mostly from even then antique statutes from Rome's earliest days, including those of
Numa Pompilius Numa Pompilius (; 753–672 BC; reigned 715–672 BC) was the legendary second king of Rome, succeeding Romulus after a one-year interregnum. He was of Sabine origin, and many of Rome's most important religious and political institutions ar ...
, the semi-legendary second king of Rome and the laws of the
Twelve Tables The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...
, according to Quintus. From thence follows a long discussion on the merits of Cicero's hypothetical decrees. Among the things acknowledged in this section are the fact that at times religious laws have both a spiritual and a pragmatic purpose, as Cicero, when quoting the laws of the
Twelve Tables The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...
and their injunction against burial or cremation within the
pomerium The ''pomerium'' or ''pomoerium'' was a religious boundary around the city of Rome and cities controlled by Rome. In legal terms, Rome existed only within its ''pomerium''; everything beyond it was simply territory ('' ager'') belonging to Rome. ...
, admits that the injunction is as much to appease fate (by not burying the dead where the living dwell) as it is to avoid calamity (by lessening the risk of fire in the city due to open-pyre cremation). After the discussions on religious laws, and with Cicero's stated objective to replicate Plato's feat by conducting a thorough discussion on the laws in one day, they move into civil law and the makeup of the government.


Book Three

Book Three, where the manuscript breaks off, is Cicero's enumeration of the set up of the government, as opposed to the religious laws of the previous book, that he would advocate as the basis for his reformed Roman state.


Outline of Cicero's proposed constitution

* The Judicial System Cicero, who believed that the trial courts as he had seen them were too open to tampering through bribery or through sharp practice (as he had himself experienced and thwarted in the case of
Gaius Verres Gaius Verres (c. 120–43 BC) was a Roman magistrate, notorious for his misgovernment of Sicily. His extortion of local farmers and plundering of temples led to his prosecution by Cicero, whose accusations were so devastating that his defence adv ...
), would place the trials back in the hands of the people at large, with the ''
Comitia Centuriata The Centuriate Assembly ( Latin: ''comitia centuriata'') of the Roman Republic was one of the three voting assemblies in the Roman constitution. It was named the Centuriate Assembly as it originally divided Roman citizens into groups of one hundr ...
'' trying cases where the penalty was death or exile, and the ''
Concilium Plebis The ''Concilium Plebis'' ( English: Plebeian Council., Plebeian Assembly, People's Assembly or Council of the Plebs) was the principal assembly of the common people of the ancient Roman Republic. It functioned as a legislative/judicial assembly ...
'' trying all other cases. A magistrate (Praetor or even Consul) would still preside over the trial. That same magistrate would then, upon a guilty verdict, impose a punishment unless a majority of the relevant assembly disagreed. During military campaigns, unlike in civilian trials, Cicero would remove the right of appeal from those convicted of wrongdoing. * The
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
, in Cicero's laws, would no longer exist as merely an advisory body, but would now hold actual legislative authority, and their decrees would be binding. Any former magistrate has the right to enter the Senate. In a later portion of the dialogue, Cicero defends the apparent democracy of the change by arguing that the quasi-aristocratic Senate would serve as a counterbalance to the populist and democratic popular assemblies. Further, Cicero would impose a stipulation that only those with thoroughly unblemished behavior and reputations could remain in the order — the
Censors Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
could remove those who misbehaved at will. It was Cicero's stated hope that such a reformed Senate could serve as an example for the rest of the Roman state of probity, harmony, common interest and fair play. Acquisitiveness and greed in the Senate were to be severely punished, apparently, by Cicero's laws. This was not so much to punish the greed itself, but because greed in the Senate bred greed and dissent among the Romans. "If you're prepared to go back over the records of history, it is plain that the state has taken its character from that of its foremost men." (III.31) ** The two Consuls, the Praetor, the Dictator, the Master of the Horse (his lieutenant), election officers and the tribunes would have the right to preside over Senate meetings. However, such meetings were to be held in what Cicero characterized as a "quiet, disciplined manner". ** Senators must also, by Cicero's hypothetical law, be current in important affairs of state whether or not it is the particular Senator's bailiwick. * Magistrates The basic outline of Roman society was to be kept (in keeping with Cicero's basic
conservatism Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...
) but reforms to the structure were in his plan to prevent or reverse the decay of the state. From low to high, the proposed magistrates in Cicero's reformed Republic seem to be: **
Quaestors A ( , , ; "investigator") was a public official in Ancient Rome. There were various types of quaestors, with the title used to describe greatly different offices at different times. In the Roman Republic, quaestors were elected officials who ...
, still with the power of the purse as normal, with the exception that Quaestorhood would no longer be the first step on the ''
cursus honorum The ''cursus honorum'' (; , or more colloquially 'ladder of offices') was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The ''c ...
'' **A new magistrate who would be responsible for the safety of prisoners and the executing of sentences (he may have meant a normalization of the '' triumviri capitales'' as an elected magisterial post) **Minters and moneyers (again, a reform of the '' triumviri monetales'') **An expansion, apparently, of the Board of Ten for Deciding Cases (or '' decemviri stlitibus iudicandis''), whose purview would have been more than the citizenship and freedom/slavery cases they then judged (Cicero does not seem to elaborate — it may have been in the lost portion of the work) **
Aediles ''Aedile'' ( ; la, aedīlis , from , "temple edifice") was an elected office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings () and regulation of public festivals. They also had powers to enf ...
, who were still responsible for public works and welfare, and who would thenceforth be the first step on Cicero's reformed ''
cursus honorum The ''cursus honorum'' (; , or more colloquially 'ladder of offices') was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The ''c ...
'' **
Censors Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
, who, while holding their traditional post (conducting the
census A census is the procedure of systematically acquiring, recording and calculating information about the members of a given population. This term is used mostly in connection with national population and housing censuses; other common censuses inc ...
and permitting or denying membership in the Senatorial Order and otherwise ordering society), would now be a normalized elected post with the usual restriction of having been a former consul apparently removed. The Censors would also have the task of interpreting laws. *** At the end of a magistrate's tenure, he was to give a full account to the Censor of his actions in office, whereupon the Censor would judge his fitness to remain in the Senatorial Order. This did not absolve him from prosecution for his actions. ** A
Praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
, responsible for civil cases and lawsuits. Along with him would be an indeterminate number of equally-empowered officials (although most likely under his direction — again, Cicero does not elaborate overmuch) appointed by the Senate or popular assemblies. *** At the same time, any magistrate could preside over a trial and conduct auspices. ** At the top would be the two
Consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
, as always, with split royal power. All of these posts would be filled for terms of one year, except the
Censors Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
, which would be a five-year tenure. No person would be eligible to run for the same office twice in ten years. All age restrictions as then-currently existing for the posts would remain in force. ** Should the state be ''in extremis'', the Senate could appoint a
dictator A dictator is a political leader who possesses absolute power. A dictatorship is a state ruled by one dictator or by a small clique. The word originated as the title of a Roman dictator elected by the Roman Senate to rule the republic in time ...
, who would, as in years past, be allowed a six-month term of unlimited ''
imperium In ancient Rome, ''imperium'' was a form of authority held by a citizen to control a military or governmental entity. It is distinct from '' auctoritas'' and '' potestas'', different and generally inferior types of power in the Roman Republic a ...
'' and who would appoint a lieutenant in charge of cavalry ''
Magister Equitum The , in English Master of the Horse or Master of the Cavalry, was a Roman magistrate appointed as lieutenant to a dictator. His nominal function was to serve as commander of the Roman cavalry in time of war, but just as a dictator could be nom ...
'' who would also function as
Praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
. ** Cicero would also leave in place the ten Tribunes of the Plebeians, with their full powers of
veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
, and would still be
sacrosanct Sacrosanctity was the declaration of physical inviolability of a temple, a sacred object, or a person through the ''lex sacrata'' (sacred law), which had religious connotations. Festus explained that: “Sacred laws are laws which have the sanctio ...
. The Tribunes of the People would also be permitted to preside over meetings of the Senate. *** Quintus, later in the dialogue, strongly objected to this, feeling that the Tribunes, as currently constituted, were a destabilizing force in the state, and believed that Cicero should have rolled back their powers to their severely curtailed state under the laws of
Sulla Lucius Cornelius Sulla Felix (; 138–78 BC), commonly known as Sulla, was a Roman general and statesman. He won the first large-scale civil war in Roman history and became the first man of the Republic to seize power through force. Sulla had t ...
. Cicero seems to argue that curtailing the power of the
plebeians In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins ...
or giving them a sham representation of a share in government would be even more destabilizing than a potential
Tiberius Gracchus Tiberius Sempronius Gracchus ( 163 – 133 BC) was a Roman politician best known for his agrarian reform law entailing the transfer of land from the Roman state and wealthy landowners to poorer citizens. He had also served in the Roma ...
or Saturninus could be. To do so, he in effect argues, would create the same Saturninii and
Gracchi The Gracchi brothers were two Roman brothers, sons of Tiberius Sempronius Gracchus who was consul in 177 BC. Tiberius, the elder brother, was tribune of the plebs in 133 BC and Gaius, the younger brother, was tribune a decade later in ...
that
Sulla Lucius Cornelius Sulla Felix (; 138–78 BC), commonly known as Sulla, was a Roman general and statesman. He won the first large-scale civil war in Roman history and became the first man of the Republic to seize power through force. Sulla had t ...
's laws tried to halt. Cicero remarks: "I admit there is an element of evil inherent in the office of tribune; but without that evil we would not have the good which was the point of setting it up. 'The plebeian tribunes,' you say, 'have too much power.' Who's arguing with that? But the crude power of the people is much more savage and violent. By having a leader, it is sometimes milder than if it had none." (III:23) (from The Oxford World Classics translation by
Niall Rudd William James Niall Rudd (23 June 1927 – 5 October 2015) was an Irish-born British classical scholar. Life and work Rudd was born in Dublin and studied Classics at Trinity College, Dublin. He then taught Latin at the Universities of Hull and M ...
) * Should both
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
s, or the
Dictator A dictator is a political leader who possesses absolute power. A dictatorship is a state ruled by one dictator or by a small clique. The word originated as the title of a Roman dictator elected by the Roman Senate to rule the republic in time ...
, die or otherwise leave office, all other current officials from
quaestor A ( , , ; "investigator") was a public official in Ancient Rome. There were various types of quaestors, with the title used to describe greatly different offices at different times. In the Roman Republic, quaestors were elected officials who ...
on up are removed from office. An
interrex The interrex (plural interreges) was literally a ruler "between kings" (Latin ''inter reges'') during the Roman Kingdom and the Roman Republic. He was in effect a short-term regent. History The office of ''interrex'' was supposedly created follow ...
would be appointed by the Senate to arrange as soon as practicable new elections. * Popular Assemblies: The People's Assemblies were, by law, to be free of violence, and were also legislative assemblies. In both the Senate and people's assemblies, a magistrate of a higher rank than the one presiding would be able to veto any act. * Voting and Laws Ballots were, due to an epidemic in Cicero's time of vote tampering and bribery, not to be secret, so that they could be immediately examined for voter fraud. There was also a measure of elitism in his proposal as well, however — if the people did not know how the upper classes had voted, Cicero thought they would be confused as to which way to vote. ** No laws were to be passed that were meant to target an individual (no doubt, this was in response to the law pushed through by
Publius Clodius Pulcher Publius Clodius Pulcher (93–52 BC) was a populist Roman politician and street agitator during the time of the First Triumvirate. One of the most colourful personalities of his era, Clodius was descended from the aristocratic Claudia gens, one ...
in 58 BC that demanded exile for any magistrate who imposed and executed a death sentence without a vote by the Popular Assemblies — a clear reference to Cicero, who had done just that in 63 BC in response to the
Catilinarian Conspiracy The Catilinarian conspiracy (sometimes Second Catilinarian conspiracy) was an attempted coup d'état by Lucius Sergius Catilina (Catiline) to overthrow the Roman consuls of 63 BC – Marcus Tullius Cicero and Gaius Antonius Hybrida – a ...
) ** No magistrate could impose capital punishment or revocation of citizenship without a vote of the ''Comitia Centuriata'' ** Bribery or seeking bribes were to be punished severely. ** Laws would be kept in official record form, something that Cicero felt had lapsed. After a discussion and debate between Cicero and Quintus about the Consuls and the voting rights of citizens, the manuscript breaks off.


Provenance of the text

Much like its sister work ''
de re publica ''De re publica'' (''On the Commonwealth''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
'', ''de Legibus'' exists in fragmentary condition, with no work beyond the first half of Book Three known to survive. The remaining fragments of ''de Legibus'' are scattered in three volumes at the
Leiden University Library Leiden University Libraries is a library founded in 1575 in Leiden, Netherlands. It is regarded as a significant place in the development of European culture: it is a part of a small number of cultural centres that gave direction to the developme ...
. Further, issues of legibility and authenticity have been raised among researchers. Vienna Professor
M. Zelzer ( ; ; pl. ; ; 1512, from Middle French , literally "my lord") is an honorific title that was used to refer to or address the eldest living brother of the king in the French royal court. It has now become the customary French title of resp ...
in 1981 argued that the text as it is now known may have been transcribed out of a cursive (as opposed to block-text) copy at some point, incurring possible mistakes from the vagaries of the script. Others (such as translator
Niall Rudd William James Niall Rudd (23 June 1927 – 5 October 2015) was an Irish-born British classical scholar. Life and work Rudd was born in Dublin and studied Classics at Trinity College, Dublin. He then taught Latin at the Universities of Hull and M ...
) argue that the text was still in rough-draft form at the time of Cicero's murder in December 43 BC, and that it was still to be cleaned up and edited by the author. Much like ''
de re publica ''De re publica'' (''On the Commonwealth''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
'', some material was recovered from the writings of others. Two passages were found used in the third- and fourth-century writer
Lactantius Lucius Caecilius Firmianus Lactantius (c. 250 – c. 325) was an early Christian author who became an advisor to Roman emperor, Constantine I, guiding his Christian religious policy in its initial stages of emergence, and a tutor to his son Cri ...
's '' Divinae Institutiones'' (Lactantius also quoted heavily from ''
de re publica ''De re publica'' (''On the Commonwealth''; see below) is a dialogue on Roman politics by Cicero, written in six books between 54 and 51 BC. The work does not survive in a complete state, and large parts are missing. The surviving sections derive ...
''), and one further paragraph has been located in
Macrobius Macrobius Ambrosius Theodosius, usually referred to as Macrobius (fl. AD 400), was a Roman provincial who lived during the early fifth century, during late antiquity, the period of time corresponding to the Later Roman Empire, and when Latin was ...
' ''
Saturnalia Saturnalia is an ancient Roman festival and holiday in honour of the god Saturn, held on 17 December of the Julian calendar and later expanded with festivities through to 23 December. The holiday was celebrated with a sacrifice at the Temple ...
''.


Quotes

* Let the punishment fit the offense. 'noxiae poena par esto.''(III, 11)


Text and translations


TVLLI CICERONIS ''DE LEGIBVS'' LIBRI TRES

Free Audiobook version of De Legibus translated by Charles Duke Yonge

English text on google books


References


External links

* * {{Authority control Books in political philosophy Philosophical works by Cicero Political thought in ancient Rome Roman Republic 1st-century BC Latin books