Transalpinae Gentes: Cicero, De Re Publica

Abstract

In the third book of Cicero's De re publica L. Furius Philus, one of the protagonists, is assigned the task of putting the case against justice. Among his arguments he makes the familiar claim that justice is a product of society, not of nature (3.13: ‘ius… civile est aliquod, naturale nullum’). If, he explains, justice and injustice were natural phenomena, they would be the same for all men, but in fact people hold very diverse views on what is just. This argument is supported by a motley collection of exempla: the Egyptians worship Apis, a bull; while the Greeks and the Romans fill their temples with statues in human form, the Persians consider such practices to be sacrilege; various nations indulge in human sacrifice; the Cretans and Aetolians hold the view that brigandage is perfectly respectable; the Spartans used to claim as their own all the territory which their spears might touch; the Athenians used to take public oaths that all land which produced olives and grain belonged to them; the Gauls despised corn-growing and raided the fields of others instead. All these instances would be familiar to Cicero's audience.