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Seminary Studies in Human Sexuality

 Spring Convocation
al S

 

 

 



Appendix I
Law and Recte Ratio in Cicero


 
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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