A Basis for Democracy 
              In Cicero's The Republic and The Laws
                           Jay Hauben
                    
In parts of The Republic and The Laws, Marcus Tullus Cicero (106 BC -
43 BC), Roman orator, statesman and writer paints a positive picture
of people and nature. Those looking to understand democracy and the
basis for progress in human society may find more in Cicero than they
expect. This paper seeks to paint some of that picture and speculates
a little why Cicero exceeds other political philosophers in painting
it. It ends by drawing a conclusion from Cicero's views that democracy
is the proper constitution of society.
 
Cicero takes a grand view and says, "however one defines man, the same
definition applies to all of us."(The Laws, Book I, Chapter 30.
Hereafter L I.30)* Humans are one species whatever is their language,
culture, location, or status in their societies. They all come from
the same natural source. They share together the endowerments of
nature which include upright stance, the ability to reason,
intelligence and control of voice yielding rational speech, common
perceptions and common intuitions and urges from nature. He gives an
example. "Speech, which interprets the mind, uses different languages
but expresses the same ideas."(Ibid.)  Also, contained in Cicero is a
sense of human equality. He does not place a monopoly, for example, of
virtue with the aristocracy, but argues "nor is there any member of
any nation who cannot attain moral excellence by using nature as a
guide."(Ibid) The same nature is available to all humans. In this
grand view, Cicero does not differentiate between citizens and
non-citizens, masters and slaves, men and women, as did Aristotle and
other Greek thinkers.
 
Not only are humans one species in Cicero's view, but also all
communities form because of the same impulse. There is "... an innate
desire on the part of human beings to form communities."  (The
Republic, Book I Chapter 39. Hereafter, R I.39). Cicero agrees with
Aristotle that humans are political or social animals. But more,
"nature has given to mankind ... a compulsion to do good, and ... a
desire to defend the well being of the community ...." (R I.1) In
other words, humans are by nature basically constructive toward each
other and are urged by nature to seek the well being not just of
themselves but of the whole community. In every community there will
be those who will serve the community and even give their lives to
defend its well being.  (R I.4) On the other hand, the opposite of
this urge to form and serve communities, selfishness, for Cicero is
acting against human nature.
 
Cicero marvels at the power of human reason. "Reason in fact -- the
one thing in which we are superior to the beasts, which enables us to
make valid deductions, to argue, refute opponents, debate, solve
problems, draw conclusions -- that certainly is common to all of
us."(L I.30) He points out that the great invention of speech makes
bonds among humans more "delightful"  and that of writing allows
"conversations to be carried on with people who were far away" both in
distance and in time.(R III.3)  This common reason allows each
individual to examine nature and come to understand what natures urges
him or her to do. This is Cicero's basis for a universal understanding
of the intuition it is better to live with other people. The sum total
of such urges and understandings is for him natural law. "The highest
reason, inherent in nature which enjoins what ought to be done and
forbids the opposite."(L I.18) Living by this natural law is what
Cicero calls justice and thus "justice comes from nature."(L I.33) He
realizes that, "corruption brought by bad habits is so great that it
extinguishes, so to speak, the sparks given by nature and allows
corresponding vices to spring up and flourish."  Cicero does not
explain the cause of 'bad habits' except to point to self interest as
"the source of everything pernicious."(Ibid.)  But despite the
corruption, "we are born for justice and that what is just is based,
not on opinion, but on nature."(L I.28)
 
Based on these views Cicero draws some conclusions. Written laws which
may deviate from natural law are not necessarily just laws.  Each
person can judge which laws are in accord with natural law and thus
"anyone who blocks a harmful measure shall be deemed a public
benefactor."(L III.43) Cicero tries in his book The Laws to suggest a
constitution that would accord with natural law. But in his
constitution he does not give a prominent place for the just intuition
of the people to play a predominant role. In any case, Cicero's
proposed constitution for Rome did not prevent the collapse of the
Roman Republic that took place shortly after it was written.
 
In summary, these views of Cicero are: The human species is one.  We
come together in communities from an urge to be together both for
fullfilment of our nature as social animals and for the delight of
human company. Nature has endowered all humans with reason which can
understand the natural urge and guide actions so we can live together.
Right reason is natural law. Justice is living in accord with natural
law. Written law is not necessarily the same as natural law. People
basically try to be just but there is also corruption and it is
infectious.
 
Cicero is writing The Republic and The Laws at a time when the Roman
Republic was fracturing apart. He wants to save and perfect the
Republic. He seeks the nature of law and of justice in the nature of
man. By looking to the nature of man, Cicero seems to be suggesting
that saving the Republic will come from the nature of man, that is,
from the people, more than from an appeal to the written laws. When
Cicero asserts that people are basically good, his words are in fact
an encouragement and a call for the people to raise to their nature
and get involved in defending the community. Cicero's ideas contain a
greater respect for all people being involved in politics and
political struggle than do the writings of Plato and Aristotle.
 
Perhaps it was harder for Plato and Aristotle to see the nature of man
and thus the people as the constructive force in society because
democratic Athens had put Socrates to death. Also, for Polybius
aristocratic Rome seemed to be conquering the known world and thus was
his example of a successful society. Cicero on the other hand was
surrounded by the corruption of the aristocracy of his day. Since he
was not from the dominant families of Rome and at the time of his
Consulship had the support of the people of Rome, perhaps it was
easier for Cicero in essence to give encouragement with his writings
to an increased role to the people. But this would likely have been
unconscious on his part because in the actual constitution he is
suggesting for the Roman Republic, he does not propose the needed new
institutional form to the allow this participation.
 
Whether he was conscious of it or not, his views can be an argument
for constituting society on a democratic basis. If all people have the
natural urge to live in society together and all people have
sufficient reason to know and understand their natural urging, they
can work together to figure out a structure of laws and institutions
to make living together possible. Guided by right reason, natural law,
they will be just. So the constitution of society can be in the hands
and under the power of the people.

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*All quotes are from "Cicero -- The Republic and The Laws". Translated
by Niall Rudd. Oxford University Press. New York. 1998.