For what reasons does Cicero think that the state and its laws have come into existence? Do you agree?

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GV100: Essay 2: Michaelmas Term                                                         01.12.05

Courtenay Mavity

For what reasons does Cicero think that the state and its laws have come into existence? Do you agree?

Cicero’s commonwealth represents a natural conclusion to his theory of man; that the state is a construct of human desire for companionship, consensus and sociability. The laws instituted within that state are there to protect the property and possessions of men and to allow them to show benevolence to mankind through sharing and donation. Laws are created to encourage men to participate in society, and engage in public duty and citizenship. Cicero makes a passionate argument for the supremacy of law, that it must be observed and adhered to as the prerequisite of a stable and peaceful society. This essay seeks to outline Cicero’s reasons for the creation of the state and his belief in the necessity of the Rule of Law for political stability and national success. In addition, this essay discusses some of the consequences for a society built on Cicero’s assumption of the nature of man, and his belief that stable society can only be a product of defending the status-quo. I argue that all sections of society must feel adequately protected and compensated in order for the state to be secure and harmonious. Cicero’s commonwealth takes the first steps towards the foundation of a fair and stable society, but it fails to include all sections and groupings of society sufficiently for it to be effective.

Cicero believes the state is an outcome of man’s desire for community and his capacity for sociability when he reflects ‘man is not isolated or prone to wandering alone’ (De re Publica, Book 1). The aim of the state is therefore to bring together a strong community ‘created by mutual obligations being performed by friends in association’ (De re Publica, Book 1). The state is not just a collection of men, but a group of men who hold values and motivations in common, and have ‘need for virtue and such a desire to defend the common safety’ (De re Publica, Book 1). The state is therefore a culmination of man’s shared heritage and skills, such as language and a concern for the common good. The state not only accommodates man’s desire for fellowship, but is a stage for mankind to display its aptitude for benevolence and reciprocity within a community. Cicero’s Scipio insists ‘naturally men wish to increase the resources and prosperity of mankind’ (De re Publica, Book 1). Cicero believes therefore that the state is a necessary creation, needed to gather together men of a common mindset, to facilitate their need for kinship and provide an opportunity for man to display an innate capacity for kind acts and compassion to others.

However, the state for Cicero is no mere collection of men concerned with the common interest. In his discussions in De re Publica, the state has the potential to be a sophisticated community that may be adapted and moulded in character to produce the most complimentary platform for harmony and stability. It is therefore important that the state reflects the different dynamics within society, and that power and political voice is given in the correct proportion to each section of the community. Cicero’s commonwealth is an acknowledgement that a state can take many forms but that his type of constitution is the most likely to flourish. This is because it reflects human nature, yet appreciates difference and offers stability by attempting to accommodate a plethora of human desires through consensus. But why are we asked to believe that a commonwealth with a mixed constitution is the best solution? Cicero’s answer would be that pure forms of constitution are likely to degenerate into their ‘corrupt equivalents’, such as a virtuous monarchy descending into a tyranny. Unrestrained power tends to taint and debase virtue, but a mixed constitution, involving a cross-section of interests, can be placed in check by a need for consensus, accord and balance.

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It is in this sense that Cicero makes two great boasts about Rome and his mixed constitution, that it is pragmatic and thus responds to the true needs of human nature and secondly that it has evolved over time as the outcome of not one great man, but many. If as Homer remarked (Coleman 2005), ‘Captive Greece, captivated its barbarous conquerors’, teaching the Romans theory, Rome lost no time in applying what they had been taught. Cicero contests ‘virtue consists entirely in its employment, moreover, its most important employment is the governance of states and the accomplishment of deeds ...

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