IV. * * * Nevertheless this difference existed in their two different modes: the one unfolded the principles of nature by their studies and by their eloquence; the others by their institutions and by their laws. This commonwealth alone has produced many, if not altogether to be deemed sages, since that title is so cautiously bestowed, yet worthy of the greatest praise; for they cultivated the precepts and discoveries of sages. Wherefore civil governments are to be extolled and ever will be, since in the nature of things, to constitute a commonwealth which shall be lasting, is one of the greatest efforts of mind: and thus if we only enumerate one for every country, what a multitude of excellent men do we find. For if we permit our minds to take a survey of that famous Greece, of Italy, Latium, or the Sabine and Volscian people; the Samnites, the Etrurians; next the Assyrians, the Persians, the Carthagenians. If these * * *
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V. * * * “Truly,” said Philus, “you have imposed a fine task upon me, wishing me to undertake the justification of what is wrong.” “Surely,” said Lælius, “you are afraid lest in using the same arguments which are wont to be brought forward against justice, you may appear to hold such opinions yourself; you who are almost the only example left of ancient probity and faith. But your habit of discussing both sides of the question, in order more easily to get at the truth, is very well known.” “Well, well,” said Philus, “I will do as you wish, and defile myself with my eyes open: for since those who search for gold do not refuse to do it; we who are looking for what is right, a thing much more precious than gold, assuredly ought not to avoid any thing that is disagreeable. And I wish, since I am about to make use of another man’s opinions, it was possible for me to make use of his tongue also. Now, however, L. Furius Philus, must say what Carneades, a Greek in the habit of saying whatever he pleased * * *
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VIII. * * * But the other has filled four pretty large books with the subject of justice. From Chrysippus I have never looked for any thing very great or magnificent; since he reasons in a particular way of his own, and examines things rather by the force of words, than the weight of facts. It was for those distinguished men, to raise up that prostrate virtue, and elevate it to the divine heights of wisdom. A virtue which stands alone as it were, greatly munificent and liberal; which loves every thing better than itself, and is born more for others, than for its own interests. Nor was the inclination wanting to them: for what other cause had they for writing, or what motive soever? In genius they excelled all. But the cause was greater even than their inclination and strength. The right indeed concerning which we inquire, is something civil, not natural: if it were, justice and injustice would be the same things to all men, as hot and cold, bitter and sweet things are.
IX. Now however, if any one borne upon the chariot with winged serpents, of which Pacuvius speaks, could survey with his eyes, and look down upon the many and various nations and cities; he might see chiefly among that unchanging race of the Egyptians, which preserves in its records the memory of so many events and ages, an ox esteemed as a god, which the Egyptians call Apis; and many other strange things among them, among which wild beasts consecrated into the number of the gods. Then in Greece, where as with us, magnificent temples are consecrated containing human images, which the Persians considered impious. For which cause alone, Xerxes is said to have ordered the temples of the Athenians to be burnt; considering it to be wicked to shut the gods up within walls, whose residence was the whole universe. Afterwards Philip who had it in contemplation, and Alexander who carried it into effect, gave as reasons for making war against the Persians, that they avenged the temples of Greece; which the Greeks did not think of repairing, that the devastation might be an eternal monument to posterity of the infamy of the Persians. How many, as the Taurians in Axinum, as Busiris the king of Egypt, as the Gauls, the Carthagenians, have thought it a grateful and pious duty to the gods, to immolate men. But the institutions of life differ so much, that the Cretans and Etolians esteem it honourable to steal: the Lacedemonians used to say that all lands were theirs which they could reach with a shaft. The Athenians were wont to swear even publicly, that every soil was theirs, which produced oil and corn. The Gauls consider it shameful to produce grain by labour, and therefore go armed to harvest other people’s lands. But we, the most just of men, to make our own olive and vineyards more valuable, do not permit the transalpine nations to plant them: in doing which we are said to act prudently; it is not called acting justly. By which you may understand there is a wide distance between prudence and equity. Lycurgus, the founder of the best laws, and the most equal rights, gave the lands of the wealthy to be cultivated by the lower class in the state of servitude.
X. But if I were to describe the various kinds of laws, of institutions, of customs and manners, not only so different among such divers nations, but even in a single city, or in this, I could demonstrate them to have been changed a thousand times. Our friend Manilius here, an interpreter of laws, will tell you that other laws exist now concerning the legacies and inheritances of women, than those he was wont to speak of in his youth, before the Voconian law was passed; which very law, indeed proposed for the advantage of the men, is full of injustice towards the women. For why should a woman not have possessions? Why should a vestal appoint an heir, and her mother not? Why if limits were to be put to the possessions of women, should the daughter of Crassus, if she were an only daughter, possess thousands legally, when mine could not possess two or three hundred * * * * * *
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XI. * * * * * * If these rights were thus sanctioned in us, all men would have the same rights, and would not have different rights at different periods. But if it is the duty of a just and good man to obey the laws, I would ask which are they to be? Or shall he obey all indiscriminately? But virtue does not admit of uncertainty, nor nature endure inconstancy. The strength of law consists in punishment, not in our natural justice. Natural right therefore does not exist. Whence it follows, that men are not made just by nature. But it is said, although there are various laws, still good men, by natural inclination, pursue what is just in itself, and not what is assumed to be so; because it is the part of a good and just man, to render that justice to every one which he is deserving of. Now, first, are we in any wise just to the dumb beasts? For men, not of mediocrity, but great and learned; Pythagoras and Empedocles, declare that all animals possess the same degree of right, and denounce unatoning punishments to hang over those by whom any animal is outraged. It is wicked therefore to injure the brutes. * * * * * *
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