Is there a natural law above the laws of a state, and what makes a republic legitimate?

Translation: quotations from Cicero are quoted in C. D. Yonge's 1853 English translation; quoted in Francis Foster Barham's 1841 English translation; quoted in Andrew P. Peabody's 1883-87 English translation; quoted in Charles Duke Yonge's 1851-52 English translation, not his original words.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; quoted in C. D. Yonge's 1853 English translation): Cicero believed that the general advantage should be preferred to individual interests, and that a republic should be dearer to citizens than themselves. He argued that this principle follows from the idea that the world is regulated by the wisdom of the gods and that individuals are parts of a larger whole. This suggests a belief in a higher moral order that underpins the legitimacy of a republic. "we should prefer the general advantage to our own... it is right that the republic should be dearer to us than ourselves." [1]
• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero argues that there is no natural justice, and that laws are based on fear of punishment rather than on an innate sense of justice. He implies that the legitimacy of a republic cannot be grounded in natural law, since justice is not universal or natural. "There is, therefore, no natural justice, and hence it follows that men cannot be just by nature." [2]
• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero believes that good government is based on natural instincts like the sentiment of honour, which is strengthened by public opinion, education, and manners. He argues that laws and a well-constituted state are legitimate when they preserve citizens from vice and corruption through honour and modesty, not merely fear of punishment. "The wise director of a government strengthens this natural instinct by the force of public opinion, and perfects it by education and manners." [3]
• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero believes that the legitimacy of a republic is grounded in the character and manners of its citizens, as well as in the cultivation of justice and equity. He argues that the preservation of the republic depends on the maintenance of virtuous men and customs, and that justice, as the exposition of equity, is essential to the role of leadership in a republic. (key quote above) [4]
• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero believes there is a natural law above the laws of a state, which is based on right reason and is the true rule of justice. He argues that laws established by tyrants or unjust regimes are not just merely because they are laws, and that true justice comes from nature, not from written laws or customs. (key quote above) [5]
• BELIEF (undated; quoted in Andrew P. Peabody's 1883-87 English translation): Cicero believes there is a natural law above the laws of a state, which should also be the law of the state. He argues that the law of nations (jus gentium) is distinct from the law of the state (jus civile), and that whatever is the law of nations ought to be the law of the state. He further claims that true law and justice are modeled on nature and truth, and that the law of nations has a broader and more universal scope. (key quote above) [6]
• BELIEF (undated; quoted in Charles Duke Yonge's 1851-52 English translation): Cicero argues that the laws are the foundation of the republic's dignity, liberty, and justice, and that the state cannot function without them. He believes that the laws are the source of order and that all citizens, including magistrates and judges, serve the laws to maintain freedom. "The mind, and spirit, and wisdom, and intentions of the city are all situated in the laws." [7]
• BELIEF (undated; quoted in Charles Duke Yonge's 1851-52 English translation): Cicero believed that there is a natural law above the laws of a state, and that natural law includes principles of equity and religion. He also believed that law is divided into natural law and statute law, and that natural law principles are common to both natural and statute law. "And that is divided into two principal divisions,—natural law and statute law. And the power of each of these is again distributed into human law and divine law; one of which refers to equity and the other to religion." [8]
• ACTION (editor's note) (undated; editor's note, not his words; quoted in Francis Foster Barham's 1841 English translation): The editor's note does not report any actions taken by Cicero. It discusses views on natural law and the legitimacy of republics as expressed by Lycurgus, Phocion, Justin, and Grotius. "How slow is reason in availing itself of experience, and shaking off the yoke of custom, prejudice, and passion!" [9]
• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero believed that justice and law are the only secure foundations of all rational societies, and that they inspire veneration in their higher relations, implying a natural law above state laws. "Indeed the main object of these books, is to prove that justice and law are the only secure foundations of all rational societies." [10]

What cuts against it

• ACTION (undated; quoted in Charles Duke Yonge's 1851-52 English translation): Cicero defends the laws as the foundation of the republic's dignity, liberty, and justice, suggesting that legitimacy comes from the laws themselves rather than from natural law. "The mind, and spirit, and wisdom, and intentions of the city are all situated in the laws." [7]

• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero implies that laws established by tyrants or unjust regimes are not just merely because they are laws, which suggests that the legitimacy of a republic cannot be grounded in the mere existence of laws. "Are then the laws of tyrants just, simply because they are laws?" [5]

• BELIEF (undated; quoted in Francis Foster Barham's 1841 English translation): Cicero argues that laws are based on fear of punishment rather than on an innate sense of justice, which undermines the idea that natural law is the foundation of justice and legitimacy. "The laws are, therefore, based not on our sense of justice, but on our fear of punishment." [2]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Cicero believed in a natural law based on right reason and equity, which is higher than state laws. "There can be but one essential justice, which cements society, and one law which establishes this justice. This law is right reason..." [5] (quoted in Francis Foster Barham's 1841 English translation) (inference: this implies a natural law above state laws).

2. He argued that the law of nations (jus gentium) should be the law of the state, suggesting that natural law should guide state laws. (key quote above) [6] (quoted in Andrew P. Peabody's 1883-87 English translation) (inference: this implies a natural law above state laws).

3. Cicero believed that the legitimacy of a republic is grounded in the character and manners of its citizens, as well as in the cultivation of justice and equity. "Thus, long before our own times, the force of hereditary manners moulded our greatest men..." [4] (quoted in Francis Foster Barham's 1841 English translation) (inference: this implies that legitimacy comes from virtuous citizens and customs).

4. He argued that the laws are the foundation of the republic's dignity, liberty, and justice, and that the state cannot function without them. "The mind, and spirit, and wisdom, and intentions of the city are all situated in the laws." [7] (quoted in Charles Duke Yonge's 1851-52 English translation) (inference: this implies that legitimacy comes from the laws themselves).

5. Cicero believed that there is no natural justice, and that laws are based on fear of punishment rather than on an innate sense of justice. "There is, therefore, no natural justice, and hence it follows that men cannot be just by nature." [2] (quoted in Francis Foster Barham's 1841 English translation) (inference: this undermines the idea that natural law is the foundation of justice and legitimacy).

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on whether Cicero believed in a natural law above the laws of a state and what makes a republic legitimate in the context of modern political theory. However, from his writings, it is clear that he believed in a natural law based on right reason and equity, which should guide state laws. He also believed that the legitimacy of a republic is grounded in the character and manners of its citizens, as well as in the cultivation of justice and equity.

Extrapolation: Cicero likely believed that a republic is legitimate when it is grounded in natural law, which is based on right reason and equity, and when it is supported by virtuous citizens and customs.

Competing readings: One reading is that Cicero believed in a natural law above the laws of a state, which is based on right reason and equity. Another reading is that he believed that the legitimacy of a republic comes from the laws themselves and the character and manners of its citizens. The record itself states the first reading, while the second is an inference.

Confidence: Moderate. The record provides some direct statements about natural law and the legitimacy of a republic, but it is not entirely clear how these beliefs apply to the question in the context of modern political theory.