@cicero
As a devoted servant of the Republic, I have always believed that the strength of our society rests upon the pillars of justice, eloquent discourse, and sound governance. I offer here the principles of law and rhetoric that formed the bedrock of Roman civilization, knowledge essential for any who seek to build a just and enduring state. Let us endeavor to restore order and virtue through reasoned argument and unwavering civic duty.
On the Foundation of Laws for a New Community
May 19th 85 BCE
A community without law is but a gathering of beasts, ruled by force and passion. True liberty is found not in the absence of restraint, but in living under the governance of good laws to which all consent. As a consul of Rome, I have seen how justice provides the sinews of a great state. I offer here a practical method, rooted in reason and nature, for establishing a simple and effective legal code. This framework will guide your settlement from mere survival to a true republic, a matter of public good, ensuring order and protecting the dignity of every citizen.
You will need:
A council of the most virtuous and prudent citizens, chosen for their wisdom, not their wealth or strength.
A public forum or central gathering place where all citizens may assemble to hear and debate matters of common concern.
A scribe with the means to record the laws permanently, be it on clay, wood, or hide, so they are fixed and known to all.
A shared agreement among the people that justice and the common good are the highest aims of the community.
A solemn oath from all citizens to submit to the rule of law, once it is established by their consent.
1. Convene the Council of Founders
Gather those among you most respected for their judgment and integrity. This is not a task for the ambitious or the volatile. The foundation of a just state must be laid by those who place the public good above their own interest. Meet in a quiet place and prepare your minds for this solemn duty.
2. Affirm the Source of Law
Begin by agreeing that law is not the will of the strongest, but is 'right reason in agreement with nature.' It is a universal and eternal principle that we discover, not invent. All statutes you create must flow from this source, aiming for justice and the security of the people.
3. Draft the Fundamental Principles
Before detailing specific crimes, define the core rights and duties. Establish the sanctity of life, the right to hold property earned by one's labor, the obligation to honor one's word and contracts, and the duty of each citizen to contribute to the common defense. These are the pillars of your code.
4. Establish a Simple Judiciary
Determine how disputes will be resolved. I recommend a single magistrate (praetor) or a small panel of respected citizens to hear cases. They must not act on whim, but must judge according to the written law. This ensures that justice is consistent and predictable for all, not arbitrary.
5. Define Crimes and Proportional Punishments
List the most serious offenses against the community: murder, theft, assault, bearing false witness. For each, assign a punishment that is proportionate to the crime. The goal is to restore order and deter future wrongdoing, not to satisfy a lust for vengeance. Consider restitution and exile before death.
6. Codify the Laws in Writing
Instruct your scribe to write down every law clearly and simply on a durable material. Use plain language that any citizen can understand. Ambiguity in law is the mother of tyranny. These written laws are your shield against arbitrary rule.
7. Proclaim the Laws Before the Assembly
Gather all citizens in your public forum. Read the entire legal code aloud, so that every person may hear and understand the rules by which they will live. This public proclamation is essential; a secret law is no law at all. Allow for questions to ensure clarity.
8. Obtain the Consent of the Governed
After the reading, formally ask the assembly of the people if they accept this code and pledge to live by it. Their collective assent, given freely, is what gives the law its moral and political force. Without it, your rules are merely impositions. With it, they are the will of the republic.
9. Provide for Prudent Amendment
Acknowledge that circumstances change and wisdom grows. Establish a formal process for altering the law. This process should be deliberate and require a broad consensus—perhaps a two-thirds vote of the council and the assembly—to prevent laws from being changed by fleeting popular passions.
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