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Seminary Studies in Human
Sexuality
Spring Convocation
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Appendix I
Law and Recte Ratio in Cicero |
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Appendix compiled by Dr. Eric Crump
Appended to Lecture:
"Sexuality and Law in the Lutheran Confessions: The problem
of Homosexuality"
Appendix I - Law and Recte Ratio
in Cicero
The following quotations are to be found
in Cicero, De re publica - De legibus, with
English translation by Clinton Walker Keyes
(Cambridge/London: Harvard University Press [The Loeb
Classical Library: Cicero, Vol. XVI (LCL 213)], 1994.
De legibus [The Laws]
I.v.16
And you are wise, for you must
understand that in no other kind of discussion
can one bring out so clearly what Nature's gifts
to man are, what a wealth of most excellent
possessions the human mind enjoys, what the
purpose is, to strive after and acccomplish
which we have been born and placed in this
world, what it is that unites men, and what
natural fellowship there is among them. For it
is only after all these things have been made
clear that the origin of Law and Justice can be
discovered.
Et recte quidem. Nam sic
habetote, nullo in genere disputando posse ita
patefieri, quid sit homini a natura tributum,
quantum vim rerum optimarum mens humana
contineat, cuius muneris colendi efficiendique
causa nati et in lucem editi simus, quae sit
coniunctio hominum, quae naturalis societas
inter ipsos; his enim explicatis fons legum et
iuris inveniri potest.
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I.v.17
For we must explain the nature
of justice, and this must be sought for in the
nature of man.
Natura enim iuris explicanda
nobis est eaque ab hominis repetenda natura,
....
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I.v.18-19
..., law is the highest reason,
implanted in nature, which commmands what ought
to be done and forbids the opposite. This
reason, when firmly fixed and fully developed in
the human mind, is law. And so they believe that
law is intelligence, whose natural function it
is to command riight conduct and forbid
wrongdoing.... Now if this is correct, as I
think it to be in general, then the origin of
justice is to be found in law, for law is a
natural force; it is the mind and reason of the
intelligent man, the standard by which justice
and injustice are measured.
..., lex est ratio summa insita
in natura, quae iubet ea, quae facienda sunt,
prohibetque contraria. Eadem ratio cum est in
hominis mente confirmata et confecta, lex est.
Itaque arbitrantur prudentiam esse legem, cuius
ea vis sit, ut recte facere iubeat, vetet
delinnquere; ..... quod si ita recte dicitur, ut
mihi quidem plerumque videri solet, a lege
ducendum est iuris exordium; ea est enim naturae
vis, ea mens ratioque prudentis, ea iuris atque
inuriae regula.
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I.viii.22-23
... That animal which we call
man, endowed with foresight and quick
intelligence, complex, keen, possesing memory,
full of reason and prudence, has been given a
certain distinguished status by the supreme God
who created him; for he is the only one among so
many diferent kinds and varieties of living
beings who has a share in reason and thought,
while all the rest are deprived of it. But what
is more divine, I will not say in man only, but
in all heaven and earth, than reason? And
reason, when it is full grown and perfected, is
rightly called wisdom. Therefore, since there is
nothing better than reason, and since it exists
both in man and God, the first common possession
of man and God is reason. But those who have
reason in common must also have right reason in
common. And since right reason is law, we must
believe that men have law also in common with
the gods.
..., animal hoc providum, sagax,
multiplex, acutum, memor, plenum rationnis et
consilii, quem vocamus hominem, praeclara quadam
condicione generaum esse a supremo deo ; solum
est enim ex tot animantium generibus atque
naturis particeps rationis et cogitationis, cum
cetera sint omnia expertia. quid est autem non
dicam in homine, sed in omni caelo atque terra
ratione divinius? Quae cum adolevit atque
perfecta est, nominatur rite sapientia. est
igitur, quoniam nihil est ratione melius eaque
est et in homine et in deo, prima homini cum deo
rationis societas; inter quos autem ratio, inter
eosdem etiam recta ratio communis est ; quae cum
sit lex, lege quoque consociati homines cum
disputandi sumus.
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I.x.28
..., and that right is based,
not upon men's opinions, but upon nature.
..., neque opinione, set natura
constitutum esse ius.
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I.xi.33
And in this whole disccussion I
want it understood that what I shall call Nature
is [that which is implanted in us by Nature];
that, however, the corruption based by bad
habits is so great that the sparks of fire, so
to speak, which Nature had kindled in us are
extinguished by this corruption, and the vices
which are their opposites spring up and are
established. But if the judgments of men were in
agreement with nature, so that, as the poet
says, they considered "nothing alien to them
which concerns mannkind," then justice would be
equally observed by all. For those creatures who
have received the gift of reason from nature
have also received right reason, and therefore
they have also received the gift of law, which
is right reason applied to command and
prohibition. And if they have received law, they
have received justice also. Now all men have
received reason ; therefore all men have
received justice.
Atque hoc in omni ha
disputatione sic intellgi volo, quod dicam
naturam . . . [ingenitum nobis natura] esse,
tantam autem esse corruptelam malae
consuetudinis, ut ab ea tamquam igniculi
extinguantur a natura dati exorianturque et
confirmentur vitia contraria. quodsi, quo modo
est natura, sic iudicio homines "humani," ut ait
poeta, "nihil a se alienum putarent," coleretur
ius aeque ab omnibus. Quibus enim ratio natura
data est, isdem etiam recta ratio data est, ergo
et lex, quae est recta ratio in iubendo et
vetando; si lex, ius quoque ; et omnibus ratio ;
ius igitur datum est omnibus.
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I.xv.42
For justice is one ; it binds
all human society, and is based on one law,
which is right reason applied to command and
prohibition.
Est enim unum ius, quo devincta
est hominum societas, et quod lex constituit una
; quae lex est recta ratio imperandi atque
prohibendi ; ....
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I.xvi.45
For virtue is reason completely
developed; and this is certainly natural;
therefore everything honorable is likewise
natural.
Est enim virtus perfecta ratio,
quod certe in natura est ; igitur omnis honestas
eodem modo.
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II.iv.8
... That law is not a product of
human thought, nor is it any enactmennt of
peoples, but something eternal which rules the
whole universe by its wisdom in command and
prohibition. Thus they have been accusomed to
say that law is the primal and ultimate mind of
God, whose reason directs all things either by
compulsion or restraint.
..., legem neque hominum
ingeniis excogitatam nec scitum aliquod esse
populorum, sed aeternum quiddam, quod universum
mundum regeret imperandi prohibendique sapientia.
Itam principem legem illam et ultimam metem esse
dicebant omnia ratione aut cogentis aut vetantis
dei; ....
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De re publica III.xxii.33
True law is right reason in
agreement with nature ; it is of universal
application, unchanging and everlasting; it
summons to duty by its commands, and averts from
wrongdoing by its prohibitions. And it does not
lay its commands or prohibitions upon good men
in vain, though neither have any efffect on the
wicked. It is a sin to try to alter this law,
nor is it allowable to attempt to repeal any
part of it, and it is impossible to abolish it
entirely. And there will not be different laws
now and in the future, but one eternal and
unchangeable law will be valid for all nations
and all times, and there will be one master and
ruler, that is, God, over us all, for he is the
author of this law, its promulgator, and its
enforcing judge. Whoever is disobedient is
fleeing from himself and denying his human
nature, and by reason of this very fact he will
suffer the worst penalties, even if he escapes
what is commonly considered punishment. . . . .
Est quidem ver alex recta ratio
naturae congruens, diffusa in omnes, constans,
sempiterna, quae vocet ad officiam iubendo,
vetando a fraude aut deterreat ; quae tamen
neque probos frustra iubet aut vetat nec
improbos iiubendo aut vetando movet. Huic legi
nec obrogari fas est neque derogari ex hac
aliquid licet neque tota abrogari potest, nec
vero aut per senatum aut per populum solvii hac
lege possumus, neque est quarendus explanator
aut interpres eius alius, nec erit alai lex
Romae, alia Athenis, alis nunc, alia posthac,
sed et omnes gentes et omni tempore una lex et
semipiterna et immutabilis continebit, unusque
erit communis quasi magister et imperator omnium
deus, ille legis huius inventor, discreptator,
lator; cui qui non parebit, ipse se fugiet ac
naturam hominis aspernatus hoc ipso luet maximas
poenas, etiamsi cetera supplicia, quae putantur,
effugerit, , , ,
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