Marcus Tullius Cicero (106 BC – 43 BC) Concept of Law 22 July 2014

Cicero’s Introduction Marcus Tullius Cicero is considered as a great Roma Philosopher, who was born in 106 BC in middle class family of Rome. In the beginning, he studied law and roman legal system. He adopted legal profession in the beginning and also involved in active politics later.

Cont’d He had been inspired by Plato, Aristotle and other contemporary philosopher. When He got a chance to Greece in 80 BC for 3 years, he learned philosophy and logic intensively. About his visit, he says, it was no little brook that flowed from Greece into our city but a mighty river of culture and learning.

Cont’d He was successful writer, thinker and philosopher but unsuccessful politician. When he wrote an article against Antony, a ruler in 44 BC; he was killed in 43BC. Cicero had written many books, like: The Republica, De Legibus and De Officious, which were affected from either his contemporary political philosophy or his head philosopher.

Concept of Law According to Cicero, law is supreme, which must also be followed by state: He says: Law is a distinction between things just and unjust, expressing that original and fundamental nature of all things which the laws of man are conformed which impose penalties to the wicked (wrong) and defend and protect the good.

He has divided the law into two major parts. These are Classification of Law He has divided the law into two major parts. These are Natural law State made law.

Natural Law Natural law is universal law gifted by god to rule over the people. It is applied over the world and also by all people in the world. No person can change the natural law. Every human being has been abided by natural law.

Features of Cicero's Natural Law Supremacy of natural law: Cicero analyzed the natural law as god-gifted law. He says: State is a gift of natural law and no existence is over the natural law. Every existence must follow the natural law for further betterment of human being. It is very old like, time.

Cont’d Reside in human spirit and followed by all human being: Natural law resides in spirit of human being. Human being respect and follows it on the basis of justice, tolerance and self respect.

Cont’d Distinct from enacted law: Enacted law can be changed or amended as per interest of people, but it is not possible to change the natural law. Because, source of natural law is god and only god or nature can change such law. The Cicero expresses his opinion to treat natural and state made law separately.

Cont’d Superior than Magistrate and ruler: The law governs the magistrate so the magistrate governs the people, and it can truly be said that the magistrate is a speaking law, and the law is a silent magistrate.

State made law State made law is the laws enacted by state to regulate state's functions. In the Cicero's view, such law may be varies country to country that cannot rule over the world. Thus, he says the enacted law as law of Courtesy. Because people follow the enacted law for their own interest and desire. But Natural law must follow for betterment of all humankind.