Autore: Straumann, Benjamin
Titolo: Justice and republicanism
Rivista/Miscellanea: In : Lovett and Sellers (eds.), The Oxford Handbook of Republicanism (Oxford University Press)
Anno edizione: 2024
Pagine: 1-16
Parole chiave: Droit - Diritto - Law, Philosophie - Filosofia - Philosophy
Descrizione: This chapter discusses the conception of justice put forward by the Roman thinker Marcus Tullius Cicero (106–43 BCE). Cicero wrote in the context of the collapse of the Roman republic, the largest and longest-lived republic hitherto in existence, and developed a political theory that put justice and legality front and center. Cicero’s jural or constitutional republicanism differs interestingly from both his eudaemonist Greek predecessors and present-day republicans. His theory of justice formulated a principle of popular sovereignty, albeit one limited by natural law; it gave fundamental importance to a set of equal rights, some of which were seen as pre-political; and it sketched a view of the common good understood as what accrues to people living under a system of public law (ius). This yields a jural theory of the state (res publica), a view that accords justice priority even before liberty, but justice here is not understood as personal virtue, but as something that necessarily has to be expressed in legal form, as rules. These rules survive Cicero’s scepticism: we can know them with a high degree of certainty, unlike conceptions of the highest good (summum bonum). The chapter closes by discussing how Cicero’s Roman theory of justice differs from some of the views put forward by some of today’s republicans.
Link: https://www.academia.edu/128612213/Justice_and_republicanism
Sigla autore: Straumann 2024
Titolo: Justice and republicanism
Rivista/Miscellanea: In : Lovett and Sellers (eds.), The Oxford Handbook of Republicanism (Oxford University Press)
Anno edizione: 2024
Pagine: 1-16
Parole chiave: Droit - Diritto - Law, Philosophie - Filosofia - Philosophy
Descrizione: This chapter discusses the conception of justice put forward by the Roman thinker Marcus Tullius Cicero (106–43 BCE). Cicero wrote in the context of the collapse of the Roman republic, the largest and longest-lived republic hitherto in existence, and developed a political theory that put justice and legality front and center. Cicero’s jural or constitutional republicanism differs interestingly from both his eudaemonist Greek predecessors and present-day republicans. His theory of justice formulated a principle of popular sovereignty, albeit one limited by natural law; it gave fundamental importance to a set of equal rights, some of which were seen as pre-political; and it sketched a view of the common good understood as what accrues to people living under a system of public law (ius). This yields a jural theory of the state (res publica), a view that accords justice priority even before liberty, but justice here is not understood as personal virtue, but as something that necessarily has to be expressed in legal form, as rules. These rules survive Cicero’s scepticism: we can know them with a high degree of certainty, unlike conceptions of the highest good (summum bonum). The chapter closes by discussing how Cicero’s Roman theory of justice differs from some of the views put forward by some of today’s republicans.
Link: https://www.academia.edu/128612213/Justice_and_republicanism
Sigla autore: Straumann 2024
