THE LEGAL PHILOSOPHY OF CICERO

Cicero (106-43 B.C.) is

known as the greatest
orator of the late Roman
Republic. A brilliant
lawyer and the first of his
family to achieve Roman
office, Cicero was one of
the leading political
figures of the era of Julius
Caesar, Pompey, Marc
Antony and Octavian.

Cicero publicly argued

his first legal case in 81
B.C., successfully
defending a man
charged with parricide.
Works:

• De Republica (On the

Commonwealth)

• De Legibus (On the

Laws)
De Legibus
A dialogue written
by Cicero during the last
years of Roman
Republic. Discussion
among Cicero, Atticus
Pomponius and Quintus.
Attempt writings to
interpret Roman History
in terms of Greek
political theory.
What is Law?

• In order to be called law, a command must be argued for,

justified, both in terms of its actual correspondence with
the well-being of the community and in terms of the
purposes of those who enacted it (which are in turn
evaluated rhetorically, according to what the lawgivers
"showed the people"). The very essence of law thus involves
a practice of justification.
Apple
KINDS OF LAW

Lex caelestis
Lex naturae
Lex vulgus
Lex caelestis – divine law; true law, the heavenly
law wherein we find the right reason
Lex naturae – natural law; law that distinguishes
the just and unjust; punishes the wicked and
protects the good
Lex vulgus – positive law;
crowd’s definition of law
KINDS OF LAW

Lex caelestis
Lex naturae
Lex vulgus