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De Legibus : ウィキペディア英語版
De Legibus

The ''De Legibus'' (''On the Laws'') is a dialogue written by Marcus Tullius Cicero during the last years of the Roman Republic. It bears the same name as Plato’s famous dialogue, ''The Laws''. Unlike his previous work ''de re publica,'' in which Cicero felt compelled to set the action in the times of Scipio Africanus Minor, Cicero wrote this work as a fictionalized dialogue between himself, his brother Quintus and their mutual friend Titus Pomponius Atticus.
The dialogue begins with the trio taking a leisurely stroll through Cicero's familial estate at Arpinum and they begin to discuss how the laws should be. Cicero uses this as a platform for expounding on his theories of natural law of harmony among the classes.
The three remaining books (out of an indeterminate number, although Jonathan Powell and Niall Rudd in their translation for Oxford seem to argue that it may have been six, to bring it in line with the number in ''de re publica''), in order, expound on Cicero's beliefs in Natural Law, recasts the religious laws of Rome (in reality a rollback to the religious laws under the king Numa Pompilius) and finally talk of his proposed reforms to the Roman Constitution.
Whether or not the work was meant as an earnest plan of action is unknown. Cicero's basic conservative and traditionalist beliefs led him to imagine an idealized Rome before the Gracchi, with the classes still in harmony. From there, he reformed the worst points of the Roman constitution, while keeping the majority of it. Cicero's proposed constitution in Book Three must be seen as a renovation of the existing order, not a call to shatter the order and build anew. However, less than a decade after the accepted date for his beginning the manuscript, Julius Caesar crossed the Rubicon, launching the civil war that would end the Republic.
== Book One ==
The book opens with Cicero, Quintus and Atticus walking through the shaded groves at Cicero's Arpinum estate, when they happen across an old oak tree linked by legend to the general and consul Gaius Marius, who also was a native of Arpinum. Atticus questions whether or not it still exists, to which Quintus replies that so long as people remember the spot and the associations connected with it, the tree will exist regardless of its physical presence. This brings the trio into a discussion of the porous border between fact and fable in historians' writing of the day. Cicero lets on that even in their day, many of the stories of the Roman kings, such as Numa Pompilius conversing with the severed head of his wife Egeria, were thought of as fables or parables rather than as actual incidents which happened.
Atticus takes the opportunity to prod Cicero to starting a promised work on Roman history (if such a work existed, it has not surfaced to any extent in modern times) and flatters him by pointing out that in any case, Cicero may be one of the more qualified men in Rome to do it, given the numerous flaws of Roman historians of the era. Cicero begs off, mentioning that he has his hands full with studying the law in preparation for cases. This brings us to the meat of the book, an exposition of the wellspring of the law. Atticus, as a divertissment, asks Cicero to put some of his knowledge to use right then and there and give them a discussion on the law as they walk across his estate.
To Cicero, law was not a matter of written statutes, and lists of regulations, but was a matter deeply ingrained in the human spirit, one that was an integral part of the human experience.
His reasoning goes thus:
* Humans were created by a higher power or powers (and for the sake of argument, Cicero has the Epicurean Atticus concede the point that this higher power is engaged with the affairs of humanity).
*This higher power which created the universe did, for reasons known to itself, endow humans with a bit of its own divinity, giving the human race the powers of speech, reason, and thought.
*
*Due to this spark of divinity inside humans, they must ''de facto'' be related to the higher power in some fashion.
*Because humans share reason with the higher power, and because this higher power is presumed to be benevolent, it follows that humans, when employing reason correctly, will likewise be benevolent.
*This reason is what Cicero considers the law. To him, the law is whatever promotes good and forbids evil. What holds us back from upholding this absolutely is our human failings, our lusts for pleasure, wealth, status, other inconsequentials outside of virtue and honor.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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