(M. Tullius Cicero, Pro Cluentio 53.146)
The mind and soul and purpose and feeling of the state have been placed in our
laws.
(pron = mehns et AH-nih-moos et kohn-SIH-lee-oom et sehn-TEN-tee-ah
kih-wee-TAH-tis POH-sih-tah ehst in LEH-gih-boos)
Around this sentence from Cicero's speech on behalf of Cluentius, he argues for
the necessity of law. He is responding to another who has suggested it
scandalous when the law is followed for one person but bended or ignored for
another. He rejects that to say what is even more scandalous is the departure
from the law in the very state whose existence depends on the law. Just prior
to our excerpt from Cicero, he says:
"(The Law is) the bond of this dignity which we enjoy in the republic, this is
the foundation of our liberty, this is the source of justice."
And in our quotation--the very mind, soul, heart and purpose of the Roman
poeple, he claims is embodied in the law. To depart from the law would then be
likened to self-destruction.
Cicero makes a very strong case, and it is difficult to argue with it. I will
point out, however, that he wrote at a time when there was very little sense of
individual rights in comparison to the state. The Romans whose mind, heart,
soul, and intentions are emobodied in the law included only men (and largely
wealthy men). It did not include women (even women who were citizens). It did
not include slaves who at times were as numerous as citizens. It did not
include children. It did not include foreigners living in Rome. In fact, that
same law kept all of these groups under the control of the men whose ideas it
did protect.
Rule and law can be a vehicle that helps people live and work together--if they
work for all people.
Bob Patrick
(Used with permission)
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