Having described a moderate political system in Sparta, the Athenian discusses two states that stand as opposites to each other: Athens and Persia.

Natural law, however, needs no encoding, no enforcement. A few of these are worth quoting, as they may serve to elevate our ideas of the importance of the subject, and induce us to study the topics of jurisprudence with more ardour and perseverance. Such is the connection between one doctrine of truth and another,—I should have proceeded further still, if I had not kept myself in check. By Francis Barham, Esq. Strictly speaking, the passage only says that the ideal city is one where everything is held in common, and in the Callipolis only the guardians hold things in common. Therefore I will never disown Arpinum as my country, at the same time acknowledging that Rome will always secure my preference, and that Arpinum can only deserve the second place in my heart. The intensity of conviction excited by the former was too long eclipsed by the intensity of admiration enkindled by the latter. You can help us out by revising, improving and updating Another example of this kind of thinking is the Athenian’s claim that a moderate amount of physical hardship is required for children to develop virtue; too much luxury will make one spoiled and lack moderation, but too much hardship will make one misanthropic (791d-794a).
Let some devote their attention to the prison discipline, and capital punishments. What follows, concerns not Religion only, but the general order of the state; namely, the prohibition which restrains private individuals from offering sacrifices without the superintendence of the public ministers of religion. A REVIEW of the HISTORY OF CICERO’S TREATISE ON THE LAWS. This opinion promotes religion, and has a useful moral influence on society. But if he denies that he is going to snatch his life and take away his gold, he will never deny it on the ground that he judges it disgraceful by nature, but that he fears that it might become known and the result might be bad. Is there anything more opposite to this happiness of society, the principle of which we are seeking, than these hatreds, these jealousies, these competitions which set nations at variance? Wherever we see men building on the sure foundations of divine and moral jurisprudence, we may predict with certainty that the legislative policy of such men will be honourable, consistent, and prosperous; and wherever we see Edition: current; Page: [277]men despising the profound and elaborate processes of jurisprudence, from which all wisdom is extracted, and rushing with reckless and impious haste on the post of political power, their schemes which commence in folly, will assuredly end in confusion. When these are present, they are very small, and it is in no way possible to know for certain how long they are going to be present. The greatest part of this island was governed wholly by the civil law for about three hundred and sixty years, from Claudius to Honorius; during which time, some of the most eminent Roman lawyers, as Papinian, Paulus, and Ulpian, whose opinions and decisions are collected in the body of the civil law, did sit in the seat of judgment in this nation. I can by no means number the evils I have done for this sixty–four years, wherein I have lived this troublesome life, for which I am now constrained without stay to render an account to the just Judge.” And discoursing of his conquest of England, he observed, “Although man’s grediness upon such triumphs rejoiceth, yet inwardly a careful fear pricketh and biteth me, when I consider that in all these cruel rashness hath raged.”—Stow’s Annals. Therefore, the true and chief law, suitable for ordering and forbidding, is the correct reason of Jupiter the Highest. 441; Ibid. Q: Truly well done, brother, and so it ought to happen. —What then, do you think nothing remains to be said on the rights of the Romans, which you proposed to investigate? For if this only be the sense of it, that in many cases God doth proceed in the same manner in his dealings with men, as he would have them follow in their transactions with each other; it will easily pass without contradiction. Which establishment being very wisely and discreetly settled by our ancestors, I have little or nothing to do with innovation in the laws I propose. What follows relates to the rights of peace and war; in commencing, conducting, and concluding which, justice and good faith are especially necessary. Are then the sublime and recondite principles of jurisprudence less necessary or less useful? Thus, your friend Roscius the actor, in his old age, was forced to give up his most brilliant modulations, and to Edition: current; Page: [31]adapt the instrumental accompaniments to a slower measure. It is well worth our while to treat more distinctly and more carefully concerning the sanction of the law of nature. But this point is indeed as clear as anything in nature, and hath been made out to full advantage by Dr. Cumberland. These were the component parts of the Roman civil law, whilst their state continued republican. —I conceive myself the better entitled to such vacations as I advance in life, since I am desirous, after the method of our ancestors, to continue the custom of giving magisterial advice to my clients, and thus to discharge the offices of old age gracefully and honourably. It is worth pointing out that the use of imprisonment as punishment in Greek society appears to be an innovation of Plato. Such are Cicero’s views respecting the poll and the ballot—in other words, open voting, and secret voting. In England, its operation is confined to the maritime, the military, and the ecclesiastical courts, as also those of the two Universities; or as it is used merely in argument to illustrate the doctrines, or delineate the principles of natural justice, independent of all positive institutions.—(Millar’s Hist. And this the event testified,—for what freeman is there, or what bondman worthy of emancipation, to whom our escape is not a subject of congratulation? Afterwards, the extravagance of the mausoleums they built in the ceramicus and cemetary, gave occasion to that law which prohibits private persons from erecting any sepulchre more elaborate than ten men can construct in three days. Common justice evidently points out the heir of the deceased; for there is no other person who more appropriately occupies the position of the departed progenitor. For as the law is set over the magistrate, even so are the magistrates set over the people. Change alone remains unchanged; disorder is regularly organized; nothing is fixed but mutability; old establishments half down, new ones half up; we seem to have realized the perfections of Milton’s limbo. It is the only authentic pasport which can give us undisputed licence to range through the ample territories of civic and social chrestomathics. And this was denominated, in contradistinction to the laws of the Twelve Tables, the jus non scriptum, or unwritten law; and having no other name, began then to be called the civil law; and is that which is styled by Justinian the jurisprudentia media, because it came in between the laws of the Twelve Tables and the Imperial constitutions. Thus a constant obedience is followed by serenity and security of conscience, joined with a good and certain assurance; by a good frame and a settled tranquility of mind; by the preservation of the body from many evils, not fatal: besides an infinite number of advantages, which may be obtained by the mutual benevolence and good offices of other men. In fact, women are able to participate in the military as soldiers and can attend their own private common meals—two practices usually reserved for men in ancient Greek.

This alone has taught us, along with all the other things it has taught us, what is most difficult: we should know ourselves. Jurisprudence is a vast and majestic science, having its roots deep–buried in theology, and interlacing its branches with all metaphysical and physical learning. I. (Note II.). M: In fact, Pomponius, in this conversation we are not seeking how to safeguard interests in law [ius], or how to respond to each consultation. They would then have a solid text–book, which they might examine, article after article, augmenting, abridging, and altering as they deemed necessary. And the word lies, is only applied in this way to them who are buried in sepulchres; though perhaps tombs should not be entitled sepulchres till the last rites have been consummated, and the corpse consumed by fire. When it was scattered and planted over the earth, it was increased by the divine gift of souls. 115; 3 Ibid. I think that the highest men in our city are those who have regularly interpreted it to the people and given legal advice.

It should be noted that after the dictator and legislator create the legal code, power will be transferred to various officials.