On The Religious Law In Cicero 's "On Law"

Cicero has traditionally been regarded as one of that series of less inspired and less inspiring Greek and Roman thinkers who followed in the wake of Plato and Aristotle. So his thought has generally been judged eclectic. Such an assessment contains a measure of truth. It fails, however, to give serious consideration to Cicero’s method or to his purpose in treating philosophical materials in the manner in which he did, to say nothing of the substance of his thought. According to the text of On the Laws, this paper attempts to discuss the promulgation and explanation of the laws of religion, and also refines the standard of justice among the interlocutors. There are three parts in this paper.The chapter one gives a general overview of On the Laws. Firstly, I introduce the life and the writings of Cicero; and then analyze the writing background of On the Laws; finally analyze the structure and the scene of this conversation. In this way, it is not only in favor of understanding the intention and plan of the writer, but also helpful to understand the details of the text.The chapter two is the heart of the argument. I separated the promulgation and explanation of the laws of religion into five parts in accordance with the development of the plot of the text:"Introduction:The basis of citizenship";"Interlude:Rhetoric, Plato’s Phaedrus";"Illustration:Natural law revisited";"Foreword:Persuasion must precede law";"main body:the promulgation and explanation of the laws of religion". I will annotate the text word for word, compare the The Loeb Classical Library:On the Laws (1952), and try to explore the process of the promulgation of the laws of religion, the standard of justice and the attitude of Cicero toward religion. In fact, precisely through the analysis of the original Latin, peruse and ease of the specific line of the text, we will find the conversation contains full of intrinsic meanings in the deceptively simple narrative.In order to found the standard of justice, it is necessary to find the grounds of the nature of human beings, to consider the laws by which a country must depend on to rule, so Cicero must deal with the actual and written laws at his time, maintaining the respect of the tradition which the republic had cultivated. Therefore, it is the origin of discussing the laws of religion in the Volume Ⅱ, and also the continuation of inquiring into the natural law in the Volume Ⅰ.The chapter three is the refinement and expansion of the chapter two. In this chapter, I tidy up and generalize the text again according to the different topics. Firstly, I analyze the best regime which Cicero has founded; secondly, I explore the nature of justice and how to realize it; at last, I summarize the attitude of Cicero toward religion. Cicero elaborately describes the essential factors of basic laws and the feature of the ruling class in On the Laws. This exploration aims at finding the political doctrines which are universally valid, so as to lay the firm foundation of the republic.The conclusion of the thesis is:at the process of the promulgation of the laws of religion in the Volume Ⅱ of On the Laws, Cicero aims at discussing the relation between laws and the sacred and understanding the nature of political affairs. Cicero also explored, as Plato had before him, the larger issue which is concerned with the nature of the best regime. At the same time, he saw the possibilities of the dialogue as a work of art. The dialogue lends itself to the presentation and examination of conflicting opinions. It permits the writer to focus attention on the relative merits of the positions being examined while moreover suggesting, rather than revealing, the content and direction of his own thought. The form of the dialogue permits the writer to guide the discussion, but places the burden of following the argument to its conclusion upon the reader. Though Cicero followed the form of Plato’s dialogue, he did not simply imitate Plato, but make innovations. One product of the investigation is the understanding of the limitations intrinsic to political life. Laws are the supreme reason based on nature, deciding what is wrong and what is right, or take effect always and everywhere. However, the substance of human justice, although concerned with the particular and dependent on a variety of contingent circumstances, is not, for Cicero, simply arbitrary. The standards remain, even though their complete realization, given the nature of man and the nature of political society, is extremely unlikely. They continue to serve as guides to human action, and one should always seek to approximate them as nearly as possible. Cicero quoted the model of Roman religious experience because of the practical consideration. The methods and the conclusions of his research are Grecian, and in order to be suitable for the Romans, he must give them the Roman characteristics. Cicero is a politician valued for his pragmatic approach and wit who gave the history and tradition respect.