Cicero Roman Jusfilosofia - A Study by Artur Victoria

The Roman state was the highest expression of social, political and legal history, which was no doubt a great contribution to the new philosophy of law For the first time the world experienced a city-state with the attributes and qualities of the superpower, and the economic war

The Roman state was the highest expression of social, political and legal history, which was no doubt a great contribution to the new philosophy of law. For the first time the world experienced a city-state with the attributes and qualities of the superpower, and the economic war. Rome founded or dominated North African cities to the remote British Isles. The Romans have experienced political and democratic activities and tyranny. Experienced the rise and chaos, and finally separates into two empires, as a last cry before total destruction.

Rome''s history is complex and can be divided into three periods:

1) The Age of Kings, which emphasizes the development of the Law of the Twelve Tables. This law was written in the bronze plaques and posted in the Forum of Rome, around 451 BC, with its positive law. It was a reaction to the nature of jus privatum exerted by pater (head of household).

2) The law has become public (jus publicum) and subjected to civil equality and the principle of not being able to claim ignorance of the law.

3) The First Triumvirate and the division of the Roman Empire (Rome and Byzantium).

It was the Eastern Roman Empire (Byzantine) which gave the Corpus Juris Civilis of Justinian, considered the first civil code of laws. She opened with her, a new philosophical line on the right: it was a manifestation of legal practice positive factor, which marked the beginning of a new phase: the ability of traders to use the law passed syllogistic reasoning, ie subsumption mental functioning of a fact to a positive law. Consequently, the codification of Roman law began in a court, an original form of syllogistic thinking (partly inherited from Aristotle, with its support in formal logic). The Romans systematic combination and methods for the improvement of new techniques of preparation of laws, codes necessary to accentuate the trend towards phasing out the lay of the interpretation and enforcement. Both methods have evolved, some have argued that natural law as the limit of positive law. The result was the improvement of justice, divided, finally, between natural law and juspositivismo, such as permanent objects for the study of a jusfilosofia.

Cicero was a representative of the Philosophy of Law and State in Rome, especially his work with the Public Re and a citizen who has held various public offices. Unlike Aristotle, Cicero showed not only the rational basis of corrective justice, as developed empirically (almost all), trying to fit when the rights of citizens against the state, developing a theory of justice .

Cicero defends the right of the line, the words he used to confirm the importance of values outside the legal system, but that full binding, addressing, in this singular point, much of Aristotle than to Plato:

The main argument of the line in the Roman phase, changes are to be Aristotle with Cicero, a pure expression of natural law so metaphysical reason, which joins the state and individuals to non-derogable principles. It is a defense that you cannot legislate or enforce the law outside the natural law principles, under penalty of injustice. The relationship line is therefore a high principle of justice is no longer regarded only as moral excellence (as in the Nicomachean Ethics).

The reason flies like nature, written in every heart, immutable, eternal, whose voice teaches and prescribes the law, which prohibits him from evil, and sometimes with their orders, sometimes with its prohibitions, lest the unnecessarily good, or is powerless against evil. This law cannot be impeached or resign in part or canceled, cannot be exempted from compliance by its people nor by the Senate, there is no need to search your other commentator or interpreter, not a law in Rome and at Athens, -- a before and after, but one, immutable, among all peoples and all times, one will always be the emperor and his teacher, who is God, his creator, editor and punished, not the unknown man without it does not believe by itself, without giving themselves from their humanity and about you without attracting the most cruel expiation, although it managed to avoid the punishment of all others.

Rather than theorize, Cicero with intuitive genius, found a practical use to the republic, now approaches the method of Plato, sometimes at odds with its content. Although idealistic, since the choice of the name of his main work on the state - is not coincidental that a republic could not imagine invisible and abstract as the Greek philosopher. The Republic of Cicero, by contrast, assumes new duties of persuasion, brings a new rhetoric of argument and provides a range of ideas to the current, especially regarding the control of political power. Marked their positions against tyranny, either the Senate or the Emperor or the judges, recognizing that the law was never good enough to explain the derivations caused axiological base plate that the world is his concept that the legislature of a republic with justice (helping to integrate the law with very positive) and not in line to the right, or rather, natural law, the origin of metaphysics, which reproduces the essence of a deity above the world, producing variable immediately, hierarchically superior to the commands generated by positive law. Therefore tends not to allow the codification of natural law, amounting to the category of Justice, while allowing the encoding of positive law as the best legislative practice. CICERO Therefore a compiler is considered authentic: it was able to absorb the methods, both of Plato, Aristotle, that are approaching, now turns away, critically and independently.

His concept of Justice was the first to guarantee the stability of a specific commitment that state, along with equity, were treated as universal principles of the Democratic Justice, and considered the current circumstances.

The economic model of Rome, which flourished with the war and the looting of the people governed, was the deep indignation of Cicero!

Furthermore, the administration of public affairs is an integral part of his concept of Justice.

The study of law is inherent in the exercise of the public:

Well, as the farmer knows the nature of the soil and as a writer knows the writing, both in its scientific aspect, the profit before pleasure, so the man of State may consider the right to know the laws, drinking their own sources, provided that their answers, writing and reading assistance directly administer the republic. Certainly, one must know the law, without whose knowledge can not be fair.

Again, if you configure the profile of the governor, who join these studies suggests that exercise of their profession, from them, which can be useful and not separate from the true path it has. The true path is the reason why CICERO defined as the ability to enter into the political awakening of the consciousness of duty, through the opinion, institutions and customs, not as an expression of fear, but as a check for get to the pursuit of glory and praise of the esteem of his fellow citizens in regard to public life. Back in private life, it brings the development of the family, according to the law and customs, have ensured that all its well-being in the middle of the common happiness. Nothing is said about the happiness he feels unlikely without good political constitution, no peace, no happiness possible, without a wise and well-organized republic. "

Cicero is precipitated in an analysis of their own faith in the transcendent universe that would have created humans to care for land issues and, above all, the immortality of the human soul to believe in eternal life easy for those who ensure welfare of the poor home to humans that violate the human and divine law and therefore be convicted but free of their bodies, a prison around the earth for many centuries.

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