1. Hebrew Bible, Deuteronomy, 17.15 (9th cent. BCE - 3rd cent. BCE) Tagged with subjects: •mosaic law, and living law ideal •living law ideal, and mosaic law •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 112| 17.15. שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ אֲשֶׁר יִבְחַר יְהוָה אֱלֹהֶיךָ בּוֹ מִקֶּרֶב אַחֶיךָ תָּשִׂים עָלֶיךָ מֶלֶךְ לֹא תוּכַל לָתֵת עָלֶיךָ אִישׁ נָכְרִי אֲשֶׁר לֹא־אָחִיךָ הוּא׃ | 17.15. thou shalt in any wise set him king over thee, whom the LORD thy God shall choose; one from among thy brethren shalt thou set king over thee; thou mayest not put a foreigner over thee, who is not thy brother. |
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2. Lysias, Funeral Oration, 19, 18 (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31 | 18. And they were the first and only ones at that time to banish the ruling families and establish a democracy, in the belief that freedom of all is the greatest harmony, and making the rewards of their dangers common, they administered the government with free minds, (19) by law honoring the good and punishing the bad, for they thought the wild beasts struggle with one another, but it is fitting for men to define justice by law, and to obey argument, and to serve these by their actions ruled by law and taught by argument. |
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3. Plato, Gorgias, 484b (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •living law ideal, as godgiven •living law ideal, origins Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31| 484b. ἐξέλαμψεν τὸ τῆς φύσεως δίκαιον. δοκεῖ δέ μοι καὶ Πίνδαρος ἅπερ ἐγὼ λέγω ἐνδείκνυσθαι ἐν τῷ ᾁσματι ἐν ᾧ λέγει ὅτι— νόμος ὁ πάντων βασιλεὺς θνατῶν τε καὶ ἀθανάτων· Pind. fr. 169 οὗτος δὲ δή, φησίν,— ἄγει δικαιῶν τὸ βιαιότατον ὑπερτάτᾳ χειρί· τεκμαίρομαι ἔργοισιν Ἡρακλέος, ἐπεὶ—ἀπριάτας— Pind. fr. 169 λέγει οὕτω πως—τὸ γὰρ ᾆσμα οὐκ ἐπίσταμαι—λέγει δʼ ὅτι οὔτε πριάμενος οὔτε δόντος τοῦ Γηρυόνου ἠλάσατο τὰς βοῦς, | 484b. dawns the full light of natural justice. And it seems to me that Pindar adds his evidence to what I say, in the ode where he says — “Law the sovereign of all, Mortals and immortals,” which, so he continues, — “Carries all with highest hand, Justifying the utmost force: in proof I take The deeds of Hercules, for unpurchased” — the words are something like that — I do not know the poem well — but it tells how he drove off the cow 484b. dawns the full light of natural justice. And it seems to me that Pindar adds his evidence to what I say, in the ode where he says— Law the sovereign of all, Mortals and immortals, Pind. Fr. 169 (Bergk) which, so he continues,— Carries all with highest hand, Justifying the utmost force: in proof I take The deeds of Hercules, for unpurchased Pind. Fr. 169 (Bergk) —the words are something like that—I do not know the poem well—but it tells how he drove off the cow |
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| 4. Plato, Laws, 875c, 875d, 644b (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 34 |
5. Herodotus, Histories, 1.65-1.66, 7.104 (5th cent. BCE - 5th cent. BCE) Tagged with subjects: •living law ideal, in philo •living law ideal, as godgiven •living law ideal, origins Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31, 95| 1.65. τοὺς μέν νυν Ἀθηναίους τοιαῦτα τὸν χρόνον τοῦτον ἐπυνθάνετο ὁ Κροῖσος κατέχοντα, τοὺς δὲ Λακεδαιμονίους ἐκ κακῶν τε μεγάλων πεφευγότας καὶ ἐόντας ἤδη τῷ πολέμῳ κατυπερτέρους Τεγεητέων. ἐπὶ γὰρ Λέοντος βασιλεύοντος καὶ Ἡγησικλέος ἐν Σπάρτῃ τοὺς ἄλλους πολέμους εὐτυχέοντες οἱ Λακεδαιμόνιοι πρὸς Τεγεήτας μούνους προσέπταιον. τὸ δὲ ἔτι πρότερον τούτων καί κακονομώτατοι ἦσαν σχεδὸν πάντων Ἑλλήνων κατά τε σφέας αὐτοὺς καὶ ξείνοισι ἀπρόσμικτοι· μετέβαλον δὲ ὧδε ἐς εὐνομίην. Λυκούργου τῶν Σπαρτιητέων δοκίμου ἀνδρὸς ἐλθόντος ἐς Δελφοὺς ἐπὶ τὸ χρηστήριον, ὡς ἐσήιε ἐς τὸ μέγαρον, εὐθὺς ἡ Πυθίη λέγει τάδε. ἥκεις ὦ Λυκόοργε ἐμὸν ποτὶ πίονα νηόν Ζηνὶ φίλος καὶ πᾶσιν Ὀλύμπια δώματʼ ἔχουσι. δίζω ἤ σε θεὸν μαντεύσομαι ἢ ἄνθρωπον. ἀλλʼ ἔτι καὶ μᾶλλον θεὸν ἔλπομαι, ὦ Λυκόοργε. οἳ μὲν δή τινες πρὸς τούτοισι λέγουσι καὶ φράσαι αὐτῷ τὴν Πυθίην τὸν νῦν κατεστεῶτα κόσμον Σπαρτιήτῃσι. ὡς δʼ αὐτοὶ Λακεδαιμόνιοι λέγουσι, Λυκοῦργον ἐπιτροπεύσαντα Λεωβώτεω, ἀδελφιδέου μὲν ἑωυτοῦ βασιλεύοντος δὲ Σπαρτιητέων, ἐκ Κρήτης ἀγαγέσθαι ταῦτα. ὡς γὰρ ἐπετρόπευσε τάχιστα, μετέστησε τὰ νόμιμα πάντα, καὶ ἐφύλαξε ταῦτα μὴ παραβαίνειν· μετὰ δὲ τὰ ἐς πόλεμον ἔχοντα, ἐνωμοτίας καὶ τριηκάδας καὶ συσσίτια, πρός τε τούτοισι τοὺς ἐφόρους καὶ γέροντας ἔστησε Λυκοῦργος. 1.66. οὕτω μὲν μεταβαλόντες εὐνομήθησαν, τῷ δὲ Λυκούργῳ τελευτήσαντι ἱρὸν εἱσάμενοι σέβονται μεγάλως. οἷα δὲ ἐν τε χώρῃ ἀγαθῇ καὶ πλήθεϊ οὐκ ὀλίγων ἀνδρῶν, ἀνά τε ἔδραμον αὐτίκα καὶ εὐθηνήθησαν, καὶ δή σφι οὐκέτι ἀπέχρα ἡσυχίην ἄγειν, ἀλλὰ καταφρονήσαντες Ἀρκάδων κρέσσονες εἶναι ἐχρηστηριάζοντο ἐν Δελφοῖσι ἐπὶ πάσῃ τῇ Ἀρκάδων χωρῇ. ἡ δὲ Πυθίη σφι χρᾷ τάδε. Ἀρκαδίην μʼ αἰτεῖς· μέγα μʼ αἰτεῖς· οὐ τοι δώσω. πολλοὶ ἐν Ἀρκαδίῃ βαλανηφάγοι ἄνδρες ἔασιν, οἵ σʼ ἀποκωλύσουσιν. ἐγὼ δὲ τοι οὔτι μεγαίρω· δώσω τοί Τεγέην ποσσίκροτον ὀρχήσασθαι καὶ καλὸν πεδίον σχοίνῳ διαμετρήσασθαι. ταῦτα ὡς ἀπενειχθέντα ἤκουσαν οἱ Λακεδαιμόνιοι,Ἀρκάδων μὲν τῶν ἄλλων ἀπείχοντο, οἳ δὲ πέδας φερόμενοι ἐπὶ Τεγεήτας ἐστρατεύοντο, χρησμῷ κιβδήλῳ πίσυνοι, ὡς δὴ ἐξανδραποδιούμενοι τοὺς Τεγεήτας. ἑσσωθέντες δὲ τῇ συμβολῇ, ὅσοι αὐτῶν ἐζωγρήθησαν, πέδας τε ἔχοντες τὰς ἐφέροντο αὐτοὶ καὶ σχοίνῳ διαμετρησάμενοι τὸ πεδίον τὸ Τεγεητέων ἐργάζοντο. αἱ δὲ πέδαι αὗται ἐν τῇσι ἐδεδέατο ἔτι καὶ ἐς ἐμὲ ἦσαν σόαι ἐν Τεγέῃ περὶ τὸν νηὸν τῆς Ἀλέης Ἀθηναίης κρεμάμεναι. 7.104. πρὸς ταῦτα Δημάρητος λέγει “ὦ βασιλεῦ, ἀρχῆθεν ἠπιστάμην ὅτι ἀληθείῃ χρεώμενος οὐ φίλα τοι ἐρέω· σὺ δʼ ἐπεὶ ἠνάγκασας λέγειν τῶν λόγων τοὺς ἀληθεστάτους, ἔλεγον τὰ κατήκοντα Σπαρτιήτῃσι. καίτοι ὡς ἐγὼ τυγχάνω τὰ νῦν τάδε ἐστοργὼς ἐκείνους, αὐτὸς μάλιστα ἐξεπίστεαι, οἵ με τιμήν τε καὶ γέρεα ἀπελόμενοι πατρώια ἄπολίν τε καὶ φυγάδα πεποιήκασι, πατὴρ δὲ σὸς ὑποδεξάμενος βίον τέ μοι καὶ οἶκον ἔδωκε. οὔκων οἰκός ἐστι ἄνδρα τὸν σώφρονα εὐνοίην φαινομένην διωθέεσθαι, ἀλλὰ στέργειν μάλιστα. ἐγὼ δὲ οὔτε δέκα ἀνδράσι ὑπίσχομαι οἷός τε εἶναι μάχεσθαι οὔτε δυοῖσι, ἑκών τε εἶναι οὐδʼ ἂν μουνομαχέοιμι. εἰ δὲ ἀναγκαίη εἴη ἢ μέγας τις ὁ ἐποτρύνων ἀγών, μαχοίμην ἂν πάντων ἥδιστα ἑνὶ τούτων τῶν ἀνδρῶν οἳ Ἑλλήνων ἕκαστος φησὶ τριῶν ἄξιος εἶναι. ὣς δὲ καὶ Λακεδαιμόνιοι κατὰ μὲν ἕνα μαχόμενοι οὐδαμῶν εἰσι κακίονες ἀνδρῶν, ἁλέες δὲ ἄριστοι ἀνδρῶν ἁπάντων. ἐλεύθεροι γὰρ ἐόντες οὐ πάντα ἐλεύθεροι εἰσί· ἔπεστι γάρ σφι δεσπότης νόμος, τὸν ὑποδειμαίνουσι πολλῷ ἔτι μᾶλλον ἢ οἱ σοὶ σέ. ποιεῦσι γῶν τὰ ἂν ἐκεῖνος ἀνώγῃ· ἀνώγει δὲ τὠυτὸ αἰεί, οὐκ ἐῶν φεύγειν οὐδὲν πλῆθος ἀνθρώπων ἐκ μάχης, ἀλλὰ μένοντας ἐν τῇ τάξι ἐπικρατέειν ἢ ἀπόλλυσθαι. σοὶ δὲ εἰ φαίνομαι ταῦτα λέγων φλυηρέειν, τἆλλα σιγᾶν θέλω τὸ λοιπόν· νῦν τε ἀναγκασθεὶς ἔλεξα. γένοιτο μέντοι κατὰ νόον τοι, βασιλεῦ” | 1.65. So Croesus learned that at that time such problems were oppressing the Athenians, but that the Lacedaemonians had escaped from the great evils and had mastered the Tegeans in war. In the kingship of Leon and Hegesicles at Sparta, the Lacedaemonians were successful in all their other wars but met disaster only against the Tegeans. ,Before this they had been the worst-governed of nearly all the Hellenes and had had no dealings with strangers, but they changed to good government in this way: Lycurgus, a man of reputation among the Spartans, went to the oracle at Delphi . As soon as he entered the hall, the priestess said in hexameter: ,
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6. Xenophon, The Education of Cyrus, 8.1.21-8.1.22, 8.1.24 (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •living law ideal, and absolute rulership •living law ideal, as godgiven •living law ideal, king as living law •living law ideal, origins •living law ideal, transcending written law Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 32, 33| 8.1.22. αἰσθάνεσθαι μὲν γὰρ ἐδόκει καὶ διὰ τοὺς γραφομένους νόμους βελτίους γιγνομένους ἀνθρώπους· τὸν δὲ ἀγαθὸν ἄρχοντα βλέποντα νόμον ἀνθρώποις ἐνόμισεν, ὅτι καὶ τάττειν ἱκανός ἐστι καὶ ὁρᾶν τὸν ἀτακτοῦντα καὶ κολάζειν. 8.1.24. οὕτω δὴ τὰ τότε κατασταθέντα ἔτι καὶ νῦν διαμένει παρὰ τῷ ἀεὶ ὄντι βασιλεῖ. ταῦτʼ οὖν πρῶτον ἐμιμοῦντο αὐτὸν καὶ οἱ ἄλλοι Πέρσαι, νομίζοντες καὶ αὐτοὶ εὐδαιμονέστεροι ἔσεσθαι, ἢν θεραπεύωσι τοὺς θεούς, ὥσπερ ὁ εὐδαιμονέστατός τε ὢν καὶ ἄρχων· καὶ Κύρῳ δʼ ἂν ἡγοῦντο ταῦτα ποιοῦντες ἀρέσκειν. | 8.1.22. 8.1.24. |
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| 7. Plato, Republic, 473c-e (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •living law ideal, and absolute rulership •living law ideal, origins •living law ideal, transcending written law Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 33 |
8. Plato, Statesman, 293b, 293c, 293d, 302e, 301d (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 33| 301d. ὥστε ἐθέλειν καὶ δυνατὸν εἶναι μετʼ ἀρετῆς καὶ ἐπιστήμης ἄρχοντα τὰ δίκαια καὶ ὅσια διανέμειν ὀρθῶς πᾶσιν, λωβᾶσθαι δὲ καὶ ἀποκτεινύναι καὶ κακοῦν ὃν ἂν βουληθῇ ἑκάστοτε ἡμῶν· ἐπεὶ γενόμενόν γʼ ἂν οἷον λέγομεν ἀγαπᾶσθαί τε ἂν καὶ οἰκεῖν διακυβερνῶντα εὐδαιμόνως ὀρθὴν ἀκριβῶς μόνον πολιτείαν. ΝΕ. ΣΩ. πῶς δʼ οὔ; ΞΕ. νῦν δέ γε ὁπότε οὐκ ἔστι γιγνόμενος, ὡς δή | 301d. willing and able by ruling with virtue and knowledge to dispense justice and equity rightly to all, but that he will harm and kill and injure any one of us whom he chooses on any occasion, since they admit that if such a man as we describe should really arise, he would be welcomed and would continue to dwell among them, directing to their weal as sole ruler a perfectly right form of government. Y. Soc. Certainly. Str. But, as the case now stands, since, as we claim, no king is produced in our states who is, like the ruler of the bees in their hives, by birth pre-eminently fitted from the beginning |
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| 9. Aristotle, Athenian Constitution, 7.1-7.2 (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 95 |
| 10. Aristotle, Nicomachean Ethics, 4.8.10, 5.4.7, 8.10-8.11, 8.10.4, 8.11.1-8.11.2 (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •living law ideal, and absolute rulership •living law ideal, kings relation to subjects •living law ideal, origins •living law ideal, transcending written law •living law ideal, as godgiven Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31, 34, 35 |
| 11. Aristotle, Politics, 3.11.4, 3.8.1, 3.11.13, 3.11.7, 3.11.11, 3.11.3, 3.11.1, 3.11.8, 3.11.2, 1.1.9, 3.8.2, 3.11.5, 3.11.6, 3.11.12, 3.11.9, 3.16.1287a (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 34 |
| 12. Anaximenes of Lampsacus, Rhetoric To Alexander, 1420a, 1420b (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 43, 57, 60 |
13. Cicero, On Laws, 2.1, 3.2-3.3 (2nd cent. BCE - 1st cent. BCE) Tagged with subjects: •living law ideal, in philo •living law ideal, cicero on •living law ideal, transcending written law Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 43, 95 | 2.1. ATTICUS: Do you feel inclined, since we have had walking enough for the present, and have arrived at a new period of our discussion, to vary our situation. If you do, let us pass over to the island which is surrounded by the Fibrenus, for such, I believe, is the name of the other river, and sit down while we prosecute the remainder of our discourse? MARCUS: I like your proposal. That is the very spot I generally select when I want a place for undisturbed meditation, or uninterrupted reading or writing. ATTICUS: In truth, now I am come to this delicious retreat, I cannot see too much of it. Would you believe, that the pleasure I find here makes me almost despise the magnificent villas, the marble pavements, and the sculptured palaces? Who would not smile at the artificial canals which our great folks call their Niles and Euripi, after he had seen these beautiful streams? Just as you referred all things to Nature in our recent conversation on Justice and Law, you seek to preserve her domination, even in those things which are constructed to recreate and amuse the mind. I was therefore most agreeably surprised, since your letters and your verses had led me to expect nothing better in this neighbourhood than hills and rocks, to find it so delightfully ornamented by all the decorations of art. My present wonder is, how, when you retire from Rome, you condescend to rusticate in any other spot. |
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14. Cicero, On Duties, 2.41-2.42 (2nd cent. BCE - 1st cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 44, 57, 64| 2.41. Mihi quidem non apud Medos solum, ut ait Herodotus, sed etiam apud maiores nostros iustitiae fruendae causa videntur olim bene morati reges constituti. Nam cum premeretur inops multitudo ab iis, qui maiores opes habebant, ad unum aliquem confugiebant virtute praestantem; qui cum prohiberet iniuria tenuiores, aequitate constituenda summos cum infimis pari iure retinebat. Eademque constituendarum legum fuit causa, quae regum. 2.42. Ius enim semper est quaesitum aequabile; neque enim aliter esset ius. Id si ab uno iusto et bono viro consequebantur, erant eo contenti; cum id minus contingeret, leges sunt inventae, quae cum omnibus semper una atque eadem voce loquerentur. Ergo hoc quidem perspicuum est, eos ad imperandum deligi solitos, quorum de iustitia magna esset opinio multitudinis. Adiuncto vero, ut idem etiam prudentes haberentur, nihil erat, quod homines iis auctoribus non posse consequi se arbitrarentur. Omni igitur ratione colenda et retinenda iustitia est cum ipsa per sese (nam aliter iustitia non esset), tum propter amplificationem honoris et gloriae. Sed ut pecuniae non quaerendae solum ratio est, verum etiam collocandae, quae perpetuos sumptus suppeditet, nec solum necessaries, sed etiam liberales, sic gloria et quaerenda et collocanda ratione est. | 2.41. Now it seems to me, at least, that not only among the Medes, as Herodotus tells us, but also among our own ancestors, men of high moral character were made kings in order that the people might enjoy justice. For, as the masses in their helplessness were oppressed by the strong, they appealed for protection to some one man who was conspicuous for his virtue; and, as he shielded the weaker classes from wrong, he managed by establishing equitable conditions to hold the higher and the lower classes in an equality of right. The reason for making constitutional laws was the same as that for making kings. < 2.42. For what people have always sought is equality of rights before the law. For rights that were not open to all alike would be no rights. If the people secured their end at the hands of one just and good man, they were satisfied with that; but when such was not their good fortune, laws were invented, to speak to all men at all times in one and the same voice. This, then, is obvious: nations used to select for their rulers those men whose reputation for justice was high in the eyes of the people. If in addition they were also thought wise, there was nothing that men did not think they could secure under such leadership. Justice is, therefore, in every way to be cultivated and maintained, both for its own sake (for otherwise it would not be justice) and for the enhancement of personal honour and glory. But as there is a method not only of acquiring money but also of investing it so as to yield an income to meet our continuously recurring expenses â both for the necessities and for the more refined comforts of life â so there must be a method of gaining glory and turning it to account. And yet, as Socrates used to express it so admirably, < |
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15. Cicero, Republic, 1.54, 1.62, 2.43 (2nd cent. BCE - 1st cent. BCE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 44, 57| 1.54. Tum Laelius: Quid tu, inquit, Scipio? e tribus istis quod maxime probas? S. Recte quaeris, quod maxime e tribus, quoniam eorum nullum ipsum per se separatim probo anteponoque singulis illud, quod conflatum fuerit ex omnibus. Sed si unum ac simplex pro bandum sit, regium pro bem....... pri........ in .................... hoc loco appellatur, occurrit nomen quasi patrium regis, ut ex se natis, ita consulentis suis civibus et eos conservantis stu dios ius quam .....entis.......tem.........is.........tibus ...........uos sustentari unius optimi et summi viri diligentia. 1.62. Et Scipio: Tum magis adsentiare, Laeli, si, ut omittam similitudines, uni gubernatori, uni medico, si digni modo sint iis artibus, rectius esse alteri navem committere, aegrum alteri quam multis, ad maiora pervenero. L. Quaenam ista sunt? S. Quid? tu non vides unius inportunitate et superbia Tarquinii nomen huic populo in odium venisse regium? L. Video vero, inquit. S. Ergo etiam illud vides, de quo progrediente oratione plura me dicturum puto, Tarquinio exacto mira quadam exultasse populum insolentia libertatis; tum exacti in exilium innocentes, tum bona direpta multorum, tum annui consules, tum demissi populo fasces, tum provocationes omnium rerum, tum secessiones plebei, tum prorsus ita acta pleraque, ut in populo essent omnia. L. Est, inquit, ut dicis. 2.43. Nam in qua re publica est unus aliquis perpetua potestate, praesertim regia, quamvis in ea sit et senatus, ut tum fuit Romae, cum erant reges, ut Spartae Lycurgi legibus, et ut sit aliquod etiam populi ius, ut fuit apud nostros reges, tamen illud excellit regium nomen, neque potest eius modi res publica non regnum et esse et vocari. Ea autem forma civitatis mutabilis maxime est hanc ob causam, quod unius vitio praecipitata in perniciosissimam partem facillime decidit. Nam ipsum regale genus civitatis non modo non est reprehendendum, sed haud scio an reliquis simplicibus longe anteponendum, si ullum probarem simplex rei publicae genus, sed ita, quoad statum suum retinet. Is est autem status, ut unius perpetua potestate et iustitia omnique sapientia regatur salus et aequabilitas et otium civium. Desunt omnino ei populo multa, qui sub rege est, in primisque libertas, quae non in eo est, ut iusto utamur domino, sed ut nul lo | 1.54. Laelius. But what about yourself, Scipio ? Which of these three forms do you consider the best? Scipio. You are right to ask which I consider the best of the three, for I do not approve of any of them when employed by itself, and consider the form which is a combination of all them superior to any single one of them But if I were compelled to approve one single unmixed form, I might choose the kingship . . . the name of king seems like that of father to us, since the king provides for the citizens as if they were his own children, and is more eager to protect them than . . . 1.54. Laelius. But what about yourself, Scipio ? Which of these three forms do you consider the best? Scipio. You are right to ask which I consider the best of the three, for I do not approve of any of them when employed by itself, and consider the form which is a combination of all them superior to any single one of them But if I were compelled to approve one single unmixed form, I might choose the kingship . . . the name of king seems like that of father to us, since the king provides for the citizens as if they were his own children, and is more eager to protect them than ** . . . 1.62. Scipio. You will be all the more inclined to agree, Laelius, if, omitting the analogies of the ship and the sick man, more advantageously entrusted to a single pilot and a single physician, if only they be proficient in their professions, I go on to examples of greater importance. Laelius. What examples are these ? Scipio. Are you not aware that it was the insolence and pride of one man, Tarquinius, that made the title of king odious to our people ? Laelius. Certainly I am aware of it . Scipio. Then you are also aware of a fact about which I expect to have more to say in the course of my discussion - that when Tarquinius was driven out, the people showed a strange way of rejoicing in their unwonted liberty; then it was that innocent men were driven into exile, then that the property of many citizens was pillaged, that the annual consulship was introduced, that the rods were lowered before the people, that appeals were allowed in cases of every sort, that secessions of the plebeians took place, and that, in a word, almost everything was done to give the people full power in all things. 1.62. Scipio. You will be all the more inclined to agree, Laelius, if, omitting the analogies of the ship and the sick man, more advantageously entrusted to a single pilot and a single physician, if only they be proficient in their professions, ** I go on to examples of greater importance. Laelius. What examples are these ? Scipio. Are you not aware that it was the insolence and pride of one man, Tarquinius, that made the title of king odious to our people ? Laelius. Certainly I am aware of it . Scipio. Then you are also aware of a fact about which I expect to have more to say in the course of my discussion - that when Tarquinius was driven out, the people showed a strange way of rejoicing in their unwonted liberty; then it was that innocent men were driven into exile, then that the property of many citizens was pillaged, that the annual consulship was introduced, that the rods were lowered before the people, ** that appeals were allowed in cases of every sort, that secessions of the plebeians took place, and that, in a word, almost everything was done to give the people full power in all things. ** 2.43. For in a State where there is one official who holds office for life, particularly if he be a king, even if there is a senate, such as existed at Rome under the monarchy and at Sparta under the code of Lycurgus, and even if the people possess some power, as they did under our kings - in spite of these facts the royal power is bound to be supreme, and such a government is inevitably a monarchy and will inevitably be so called. And this form of government is the most liable of all to change, because one man's vices can overthrow it and turn it easily toward utter destruction. For not only is the kingship in itself not at all reprehensible, but I am inclined to consider it by far the best of the simple forms of government - if I could approve any of the simple forms - but only so long as it retains its true character. But it does that only when the safety, equal lights, and tranquillity of the citizens are guarded by the life-long authority, the justice, and the perfect wisdom of a single ruler. To be sure a nation ruled by a king is deprived of many things, and particularly of liberty, which does not consist in serving a just master, but in serving no master at all . . . |
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16. Philo of Alexandria, On The Life of Abraham, 16, 5 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 91; Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 46 | 5. for these men have been living and rational laws; and the lawgiver has magnified them for two reasons; first, because he was desirous to show that the injunctions which are thus given are not inconsistent with nature; and, secondly, that he might prove that it is not very difficult or laborious for those who wish to live according to the laws established in these books, since the earliest men easily and spontaneously obeyed the unwritten principle of legislation before any one of the particular laws were written down at all. So that a man may very properly say, that the written laws are nothing more than a memorial of the life of the ancients, tracing back in an antiquarian spirit, the actions and reasonings which they adopted; |
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17. Philo of Alexandria, On The Cherubim, 14-15 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 121 | 15. On the other hand, for a physician not to tell the exact truth to a sick patient, when he has decided on purging him, or performing some operation with the knife or with the cautery for the benefit of the patient, lest if the sick man were to be moved too strongly by the anticipation of the suffering, he might refuse to submit to the cure, or through weakness of mind might despair of its succeeding; or in the case of a wise man giving false information to the enemy to secure the safety of his country, fearing lest through his speaking the truth the affairs of the adversaries should succeed, in this case an action which is not intrinsically right is done in a proper manner. In reference to which distinction Moses says, "to pursue what is just Justly," as if it were possible also to pursue it unjustly, if at any time the judge who gives sentence does not decide in an honest spirit. |
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18. Philo of Alexandria, On The Migration of Abraham, 46, 48-52, 47 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 94 | 47. For what life can be better than that which is devoted to speculation, or what can be more closely connected with rational existence; for which reason it is that though the voices of mortal beings are judged of by the faculty of hearing, nevertheless the scriptures present to us the words of God, to be actually visible to us like light; for in them it is said that, "All people saw the voice of God; they do not say, "heard it," since what took place was not a beating of the air by means of the organs of the mouth and tongue, but a most exceedingly brilliant ray of virtue, not different in any respect from the source of reason, which also in another passage is spoken of in the following manner, "Ye have seen that I spake unto you from out of Heaven," not "Ye have heard," for the same reason. |
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19. Philo of Alexandria, On The Creation of The World, 148 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 93 | 148. And with great beauty Moses has attributed the giving of names to the different animals to the first created man, for it is a work of wisdom and indicative of royal authority, and man was full of intuitive wisdom and self-taught, having been created by the grace of God, and, moreover, was a king. And it is proper for a ruler to give names to each of his subjects. And, as was very natural, the power of domination was excessive in that first-created man, whom God formed with great care and thought worthy of the second rank in the creation, making him his own viceroy and the ruler of all other creatures. Since even those who have been born so many generations afterwards, when the race is becoming weakened by reason of the long intervals of time that have elapsed since the beginning of the world, do still exert the same power over the irrational beasts, preserving as it were a spark of the dominion and power which has been handed down to them by succession from their first ancestor. |
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20. Philo of Alexandria, On The Sacrifices of Cain And Abel, 08-Sep, 131 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 95 | 131. There is also another opinion bruited about, as something of a secret, which it is right to lay up in the ears of the elders, not divulging it to the younger men; for of all the most excellent powers which exist in God, there is one equal to the others in honour, that is the legislative one (for he himself is a lawgiver and the fountain of all laws, and all particular lawgivers are subordinate to him), and this legislative power is divided in a twofold division, the one having reference to the rewarding of those who do well, and the other to the punishment of those who have sinned; |
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| 21. Philo of Alexandria, Allegorical Interpretation, 3.79, 3.126 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 93, 112, 121 |
22. Philo of Alexandria, On The Virtues, 211-219, 73-75, 70 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 111, 112 | 70. He had also received an oracular command to call his successor and to render him full of confidence and good courage to undertake the care of the nation, without being apprehensive of the great burden of the authority committed to him, in order that he might be a standard and rule for all governors who should come hereafter, and who should look upon Moses as their model; so that none of them should ever grudge good advice to their successors, but should train, and exercise, and instruct their souls with their suggestions and counsels. |
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23. Philo of Alexandria, On The Life of Moses, 1.16, 1.148-1.162, 2.4, 2.48, 2.288-2.292 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •living law ideal, in philo •greco-roman political theory, ruler as living law, ideal of Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 91, 92, 94, 95; Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 46 | 1.16. and while she was still hesitating, the sister of the infant, who was still looking out, conjecturing her hesitation from what she beheld, ran up and asked her whether she would like that the child should be brought up at the breast by some one of the Hebrew women who had been lately delivered; 1.148. of all these men, Moses was elected the leader; receiving the authority and sovereignty over them, not having gained it like some men who have forced their way to power and supremacy by force of arms and intrigue, and by armies of cavalry and infantry, and by powerful fleets, but having been appointed for the sake of his virtue and excellence and that benevolence towards all men which he was always feeling and exhibiting; and, also, because God, who loves virtue, and piety, and excellence, gave him his authority as a well-deserved reward. 1.149. For, as he had abandoned the chief authority in Egypt, which he might have had as the grandson of the reigning king, on account of the iniquities which were being perpetrated in that country, and by reason of his nobleness of soul and of the greatness of his spirit, and the natural detestation of wickedness, scorning and rejecting all the hopes which he might have conceived from those who had adopted him, it seemed good to the Ruler and Governor of the universe to recompense him with the sovereign authority over a more populous and more powerful nation, which he was about to take to himself out of all other nations and to consecrate to the priesthood, that it might for ever offer up prayers for the whole universal race of mankind, for the sake of averting evil from them and procuring them a participation in blessings. 1.150. And when he had received this authority, he did not show anxiety, as some persons do, to increase the power of his own family, and promote his sons (for he had two 1.151. for he kept one most invariable object always steadily before him, namely, that of benefiting those who were subjected to his authority, and of doing everything both in word and deed, with a view to their advantage, never omitting any opportunity of doing anything that might tend to their prosperity. 1.152. Therefore he alone of all the persons who have ever enjoyed supreme authority, neither accumulated treasures of silver and gold, nor levied taxes, nor acquired possession of houses, or property, or cattle, or servants of his household, or revenues, or anything else which has reference to magnificence and superfluity, although he might have acquired an unlimited abundance of them all. 1.153. But as he thought it a token of poverty of soul to be anxious about material wealth, he despised it as a blind thing, but he honoured the far-sighted wealth of nature, and was as great an admirer as any one in the world of that kind of riches, as he showed himself to be in his clothes, and in his food, and in his whole system and manner of life, not indulging in any theatrical affectation of pomp and magnificence, but cultivating the simplicity and unpretending affable plainness of a private individual, but a sumptuousness which was truly royal, in those things which it is becoming for a ruler to desire and to abound in; 1.154. and these things are, temperance, and fortitude, and continence, and presence of mind, and acuteness, and knowledge, and industry, and patience under evil, and contempt of pleasure, and justice, and exhortations to virtue and blame, and lawful punishment of offenders, and, on the contrary, praise and honour to those who did well in accordance with law. 1.155. Therefore, as he had utterly discarded all desire of gain and of those riches which are held in the highest repute among men, God honoured him, and gave him instead the greatest and most perfect wealth; and this is the Wealth{2}{the text here is very corrupt.} of all the earth and sea, and of all the rivers, and of all the other elements, and all combinations whatever; for having judged him deserving of being made a partaker with himself in the portion which he had reserved for himself, he gave him the whole world as a possession suitable for his heir: 1.156. therefore, every one of the elements obeyed him as its master, changing the power which it had by nature and submitting to his commands. And perhaps there was nothing wonderful in this; for if it be true according to the proverb, --"That all the property of friends is common;" 1.157. for God possesses everything and is in need of nothing; but the good man has nothing which is properly his own, no, not even himself, but he has a share granted to him of the treasures of God as far as he is able to partake of them. And this is natural enough; for he is a citizen of the world; on which account he is not spoken of as to be enrolled as a citizen of any particular city in the habitable world, since he very appropriately has for his inheritance not a portion of a district, but the whole world. 1.158. What more shall I say? Has he not also enjoyed an even greater communion with the Father and Creator of the universe, being thought unworthy of being called by the same appellation? For he also was called the god and king of the whole nation, and he is said to have entered into the darkness where God was; that is to say, into the invisible, and shapeless, and incorporeal world, the essence, which is the model of all existing things, where he beheld things invisible to mortal nature; for, having brought himself and his own life into the middle, as an excellently wrought picture, he established himself as a most beautiful and Godlike work, to be a model for all those who were inclined to imitate him. 1.159. And happy are they who have been able to take, or have even diligently laboured to take, a faithful copy of this excellence in their own souls; for let the mind, above all other parts, take the perfect appearance of virtue, and if that cannot be, at all events let it feel an unhesitating and unvarying desire to acquire that appearance; 1.160. for, indeed, there is no one who does not know that men in a lowly condition are imitators of men of high reputation, and that what they see, these last chiefly desire, towards that do they also direct their own inclinations and endeavours. Therefore, when the chief of a nation begins to indulge in luxury and to turn aside to a delicate and effeminate life, then the whole of his subjects, or very nearly the whole, carry their desire for indulging the appetites of the belly and the parts below the belly beyond all reasonable bounds, except that there may be some persons who, through the natural goodness of their disposition, have a soul far removed from treachery, being rather merciful and kind. 1.161. If, on the other hand, the chief of a people adopts a more austere and dignified course of life, then even those of his subjects, who are inclined to be very incontinent, change and become temperate, hastening, either out of fear or out of shame, to give him an idea that they are devoted to the same pursuits and inclinations that he is; and, in fact, the lower orders will never, no, nor will mad men even, reject the customs and habits of their superiors: 1.162. but, perhaps, since Moses was also destined to be the lawgiver of his nation, he was himself long previously, through the providence of God, a living and reasonable law, since that providence appointed him to the lawgiver, when as yet he knew nothing of his appointment. 2.4. It becomes a king to command what ought to be done, and to forbid what ought not to be done; but the commanding what ought to be done, and the prohibition of what ought not to be done, belongs especially to the law, so that the king is at once a living law, and the law is a just king. 2.48. for he was not like any ordinary compiler of history, studying to leave behind him records of ancient transactions as memorials to future ages for the mere sake of affording pleasure without any advantage; but he traced back the most ancient events from the beginning of the world, commencing with the creation of the universe, in order to make known two most necessary principles. First, that the same being was the father and creator of the world, and likewise the lawgiver of truth; secondly, that the man who adhered to these laws, and clung closely to a connection with and obedience to nature, would live in a manner corresponding to the arrangement of the universe with a perfect harmony and union, between his words and his actions and between his actions and his words. 2.288. And some time afterwards, when he was about to depart from hence to heaven, to take up his abode there, and leaving this mortal life to become immortal, having been summoned by the Father, who now changed him, having previously been a double being, composed of soul and body, into the nature of a single body, transforming him wholly and entirely into a most sun-like mind; he then, being wholly possessed by inspiration, does not seem any longer to have prophesied comprehensively to the whole nation altogether, but to have predicted to each tribe separately what would happen to each of them, and to their future generations, some of which things have already come to pass, and some are still expected, because the accomplishment of those predictions which have been fulfilled is the clearest testimony to the future. 2.289. For it was very appropriate that those who were different in the circumstances of their birth and in the mothers, from whom they were descended, should differ also in the variety of their designs and counsels, and also in the excessive diversity of their pursuits in life, and should therefore have for their inheritance, as it were, a different distribution of oracles and predictions. 2.290. These things, therefore, are wonderful; and most wonderful of all is the end of his sacred writings, which is to the whole book of the law what the head is to an animal. 2.291. For when he was now on the point of being taken away, and was standing at the very starting-place, as it were, that he might fly away and complete his journey to heaven, he was once more inspired and filled with the Holy Spirit, and while still alive, he prophesied admirably what should happen to himself after his death, relating, that is, how he had died when he was not as yet dead, and how he was buried without any one being present so as to know of his tomb, because in fact he was entombed not by mortal hands, but by immortal powers, so that he was not placed in the tomb of his forefathers, having met with particular grace which no man ever saw; and mentioning further how the whole nation mourned for him with tears a whole month, displaying the individual and general sorrow on account of his unspeakable benevolence towards each individual and towards the whole collective host, and of the wisdom with which he had ruled them. 2.292. Such was the life and such was the death of the king, and lawgiver, and high priest, and prophet, Moses, as it is recorded in the sacred scriptures. |
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| 24. Philo of Alexandria, On The Embassy To Gaius, 119 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •mosaic law, and living law ideal •roman imperialism, and living law, ideal •living law ideal, and mosaic law •living law ideal, and roman imperialism •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 48, 111 |
| 25. Philo of Alexandria, Questions On Exodus, 1.42, 2.6 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •living law ideal, in philo •mosaic law, and living law ideal •living law ideal, and mosaic law Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 95, 111 |
26. Philo of Alexandria, On The Special Laws, 2.129 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 95 | 2.129. The perplexity raised by some, however, should be laid to rest: Seeing that the law mentions all members of the family, the deme, and the tribe in the order of succession to inheritances, why did it remain silent only about parents, who, it would seem, should be just as eligible to inherit their children's property as the children are to inherit theirs? Here is the answer, my good fellow! Since the law is divine, and since it always aims at following the logic of nature, it did not wish to introduce any ill-omened provisions; for parents pray to leave behind living offspring who will have succeeded to their name, their lineage, and their property, while their worst enemies call down the opposite on them as a curse, namely, that the sons and daughters should die before their parents. |
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27. Philo of Alexandria, That The Worse Attacks The Better, 161-162, 68, 141 (1st cent. BCE - 1st cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 111 | 141. However, we have now said enough on this subject, and let us proceed to investigate what comes afterwards. He continues thus: "And Cain said unto the Lord, My crime is too great to be Forgiven." Now what is meant by this will be shown by a consideration of simple passages. If a pilot were to desert his ship when tossed about by the sea, would it not follow of necessity that the ship would wander out of her course in the voyage? Shall I say more? If a charioteer in the contest of the horse-race were to quit his chariot, is it not inevitable that the course of the free horses would be disorderly and irregular? Again, when a city is left destitute of rulers or of laws, and laws, undoubtedly, are entitled to be classed on an equality with magistrates, must not that city be destroyed by those greatest of evils, anarchy and lawlessness? |
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| 28. Plutarch, To An Uneducated Ruler, 779d, 780b, 780e, 781b, 780c (1st cent. CE - 2nd cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 45, 54 |
| 29. Seneca The Younger, De Clementia, 1.8.5 (1st cent. CE - 1st cent. CE) Tagged with subjects: •dio cassius, on living law ideal in roman imperialism •roman imperialism, and living law, ideal •seneca, on living law ideal in roman imperialism •living law ideal, and roman imperialism Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 51 |
30. Plutarch, Solon, 15.2, 25.1 (1st cent. CE - 2nd cent. CE) Tagged with subjects: •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 95| 15.2. ἃ δὲ καὶ λέγων ἤλπιζε πειθομένοις καὶ προσάγων ἀνάγκην ὑπομένουσι χρήσασθαι, ταῦτʼ ἔπραττεν, ὥς φησιν αὐτός, | 15.2. But those things wherein he hoped to find them open to persuasion or submissive to compulsion, these he did, Combining both force and justice together, Solon, Frag. 36. 14 (Bergk) as he says himself. Therefore when he was afterwards asked if he had enacted the best laws for the Athenians, he replied, The best they would receive. Now later writers observe that the ancient Athenians used to cover up the ugliness of things with auspicious and kindly terms, giving them polite and endearing names. |
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| 31. Seneca The Younger, De Consolatione Ad Polybium (Ad Polybium De Consolatione) (Dialogorum Liber Xi), 7.2 (1st cent. CE - 1st cent. CE) Tagged with subjects: •dio cassius, on living law ideal in roman imperialism •roman imperialism, and living law, ideal •seneca, on living law ideal in roman imperialism •living law ideal, and roman imperialism Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 51 |
32. Dio Chrysostom, Orations, 3.1, 75.1 (1st cent. CE - missingth cent. CE) Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of •living law ideal, as godgiven •living law ideal, origins Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31; Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 47 | 3.1. < 3.1. When Socrates, who, as you also know by tradition, lived many years ago, was passing his old age in poverty at Athens, he was asked by someone whether he considered the Persian king a happy man, and replied, "Perhaps so"; but he added that he did not really know, since he had never met him and had no knowledge of his character, implying, no doubt, that a man's happiness is not determined by any external possessions, such as gold plate, cities or lands, for example, or other human beings, but in each case by his own self and his own character. < |
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| 33. Plutarch, Lycurgus, 4.1 (1st cent. CE - 2nd cent. CE) Tagged with subjects: •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 95 |
| 34. Pliny The Younger, Panegyric, 65.1-65.2 (2nd cent. CE - 2nd cent. CE) Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 47 |
35. Pliny The Younger, Letters, 3.2, 10.56 (2nd cent. CE - 2nd cent. CE) Tagged with subjects: •roman imperialism, and living law, ideal •living law ideal, and roman imperialism Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 49 | 10.56. To Trajan: I thank you. Sir, most sincerely that in the midst of your most pressing business of state you have deigned to give me directions on the matters about which I have consulted you, and I beg that you will do the same now. For a certain person came to me and informed me that some enemies of his who had been banished for three years by that distinguished man, Servilius Calvus, were still lingering in the province, while they on the other hand declared that the sentence against them had been revoked - also by Calvus - and read out to me his edict. That is why I think it necessary to refer the whole matter to you just as it stands. For while your instructions warn me against recalling those who have been banished by others or by myself, they do not cover the case of those who have been banished and recalled from banishment by another governor. Hence, Sir, I thought I ought to consult you as to the course you would wish me to adopt, not only in the instances I have quoted, but also when persons are discovered in the province who have been banished for ever and have not had the sentence revoked. A case of this sort came under my notice in my judicial capacity. For a man was brought before me who had been banished for ever by the proconsul, Julius Bassus. Knowing as I did that the decrees of Bassus had been rescinded, and that the senate had given permission to all who had been sentenced by him to have their cases tried over again, if they brought their appeal within two years, I asked this man who had been banished by Bassus which proconsul he had approached and told his story to. He said he had not laid his case before anyone. It is this which made me consult you whether I should hand him over to complete his sentence or inflict additional punishment, and I should like to know what course you think I ought to adopt towards him and others who may be found to be similarly situated. I enclose with this letter the decree of Calvus and his edict, and also the decree of Bassus. 10.56. To Trajan. I thank you. Sir, most sincerely that in the midst of your most pressing business of state you have deigned to give me directions on the matters about which I have consulted you, and I beg that you will do the same now. For a certain person came to me and informed me that some enemies of his who had been banished for three years by that distinguished man, Servilius Calvus, * were still lingering in the province, while they on the other hand declared that the sentence against them had been revoked - also by Calvus - and read out to me his edict. That is why I think it necessary to refer the whole matter to you just as it stands. For while your instructions warn me against recalling those who have been banished by others or by myself, they do not cover the case of those who have been banished and recalled from banishment by another governor. Hence, Sir, I thought I ought to consult you as to the course you would wish me to adopt, not only in the instances I have quoted, but also when persons are discovered in the province who have been banished for ever and have not had the sentence revoked. A case of this sort came under my notice in my judicial capacity. For a man was brought before me who had been banished for ever by the proconsul, Julius Bassus. ** Knowing as I did that the decrees of Bassus had been rescinded, and that the senate had given permission to all who had been sentenced by him to have their cases tried over again, if they brought their appeal within two years, I asked this man who had been banished by Bassus which proconsul he had approached and told his story to. He said he had not laid his case before anyone. It is this which made me consult you whether I should hand him over to complete his sentence or inflict additional punishment, and I should like to know what course you think I ought to adopt towards him and others who may be found to be similarly situated. I enclose with this letter the decree of Calvus and his edict, and also the decree of Bassus. 0 |
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| 36. Cassius Dio, Roman History, 52.1.3, 52.15.2-52.15.3, 52.34.1, 52.34.6-52.34.8, 52.39.3, 52.40.1-52.40.2, 53.9.5, 53.18.1-53.18.2, 59.10.2, 59.14.3, 59.15.1 (2nd cent. CE - 3rd cent. CE) Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 51 |
| 37. Clement of Alexandria, Miscellanies, (2nd cent. CE - 3rd cent. CE) Tagged with subjects: •living law ideal, in musonius rufus •living law ideal, virtue of subjects and Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 45 |
38. Diogenes Laertius, Lives of The Philosophers, 7.122 (3rd cent. CE - 3rd cent. CE) Tagged with subjects: •plutarch, on kingship and living law ideal •living law ideal, plutarch on •living law ideal, in philo Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 122 | 7.122. though indeed there is also a second form of slavery consisting in subordination, and a third which implies possession of the slave as well as his subordination; the correlative of such servitude being lordship; and this too is evil. Moreover, according to them not only are the wise free, they are also kings; kingship being irresponsible rule, which none but the wise can maintain: so Chrysippus in his treatise vindicating Zeno's use of terminology. For he holds that knowledge of good and evil is a necessary attribute of the ruler, and that no bad man is acquainted with this science. Similarly the wise and good alone are fit to be magistrates, judges, or orators, whereas among the bad there is not one so qualified. |
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39. Eusebius of Caesarea, Life of Constantine, 1.12, 1.38 (3rd cent. CE - 4th cent. CE) Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 201 | 1.38. And already he was approaching very near Rome itself, when, to save him from the necessity of fighting with all the Romans for the tyrant's sake, God himself drew the tyrant, as it were by secret cords, a long way outside the gates. And now those miracles recorded in Holy Writ, which God of old wrought against the ungodly (discredited by most as fables, yet believed by the faithful), did he in every deed confirm to all alike, believers and unbelievers, who were eye-witnesses of the wonders. For as once in the days of Moses and the Hebrew nation, who were worshipers of God, Pharaoh's chariots and his host has he cast into the sea and his chosen chariot-captains are drowned in the Red Sea, - so at this time Maxentius, and the soldiers and guards with him, went down into the depths like stone, Exodus 15:5 when, in his flight before the divinely-aided forces of Constantine, he essayed to cross the river which lay in his way, over which, making a strong bridge of boats, he had framed an engine of destruction, really against himself, but in the hope of ensnaring thereby him who was beloved by God. For his God stood by the one to protect him, while the other, godless, proved to be the miserable contriver of these secret devices to his own ruin. So that one might well say, He has made a pit, and dug it, and is fallen into the ditch which he made. His mischief shall return upon his own head, and his violence shall come down upon his own pate. Thus, in the present instance, under divine direction, the machine erected on the bridge, with the ambuscade concealed therein, giving way unexpectedly before the appointed time, the bridge began to sink, and the boats with the men in them went bodily to the bottom. And first the wretch himself, then his armed attendants and guards, even as the sacred oracles had before described, sank as lead in the mighty waters. Exodus 15:10 So that they who thus obtained victory from God might well, if not in the same words, yet in fact in the same spirit as the people of his great servant Moses, sing and speak as they did concerning the impious tyrant of old: Let us sing unto the Lord, for he has been glorified exceedingly: the horse and his rider has he thrown into the sea. He has become my helper and my shield unto salvation. And again, Who is like you, O Lord, among the gods? Who is like you, glorious in holiness, marvelous in praises, doing wonders? |
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40. Ammianus Marcellinus, History, 16.5.12 (4th cent. CE - 4th cent. CE) Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 48, 49 | 16.5.12. When approached by the parents of a girl who had been assaulted, he ordered that her ravisher, if convicted, should be banished; and when they complained of the indignity suffered in that he was not punished with death, the emperor merely replied: The laws may censure my clemency, but it is right for an emperor of very merciful disposition to rise above all other laws. |
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| 41. Jerome, Apologetici Adversus Rufinum (Apologia Adversus Libros Rufini.), 36 (5th cent. CE - 5th cent. CE) Tagged with subjects: •living law ideal, and absolute rulership •living law ideal, kings relation to subjects •living law ideal, origins •living law ideal, transcending written law Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 35 |
| 42. Sthenidas of Lokri, Ap. Stobaeus, 4.7.63 Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 40, 56, 57 |
| 43. Methodius, Ap. Stobaeus, 4.7.67 Tagged with subjects: •ecphantus, on kingship and living law ideal •living law ideal, cicero on •living law ideal, diotogenes on •living law ideal, ecphantus on •living law ideal, communion of king and subjects •living law ideal, deified king •living law ideal, in musonius rufus •living law ideal, king as imitator of god •living law ideal, kings closeness to god •living law ideal, kings relation to subjects •living law ideal, virtue of subjects and Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 44, 56, 60 |
| 44. Diotogenes Philosophus, Fragments, 4.7.61-4.7.62, 4.7.64-4.7.66 Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 58 |
| 45. Themistius, Epist., 228a, 212d Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 45 |
| 46. Plutarch, Satires, 2.3.188 Tagged with subjects: •dio cassius, on living law ideal in roman imperialism •roman imperialism, and living law, ideal •seneca, on living law ideal in roman imperialism •living law ideal, and roman imperialism Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 51 |
| 47. Iamblichus, Ep., fr. 2 Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 63 |
| 48. Gregory of Nazianzus, Or., 4.47, 4.61, 4.79, 5.2, 5.54 Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 217 |
| 49. Julian, I Pan., 42b, 45d Tagged with subjects: •nan Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 44, 45, 47, 48 |
| 50. Cleanthes, Hymn To Zeus, 1.537 Tagged with subjects: •living law ideal, as godgiven •living law ideal, origins Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31 |
| 51. Archytas of Tarentum, Peri Nomou Kai Dikaiosynes Ap. Stobaeus, 4.1.61, 4.1.132, 4.1.135-4.1.138, 4.5.61, 4.6.22, 4.7.61-4.7.62, 4.7.64-4.7.67 Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31, 36, 54, 57, 58, 60, 64, 122 |
| 52. Suetonius Paulinus, Commentarii, 1.77, 4.14, 4.29, 4.34, 4.52 Tagged with subjects: •nan Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 49, 50 |
| 53. Julian, Them., 261a, 261b, 261c, 262a, 262b, 262c, 263c, 263d, 258d Tagged with subjects: •nan Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 44 |
| 54. Anon., Pan. Lat., 5.10.2, 7.7.1, 12.2.5, 12.4.2, 12.11.4 Tagged with subjects: •greco-roman political theory, ruler as living law, ideal of Found in books: Niccolai, Christianity, Philosophy, and Roman Power: Constantine, Julian, and the Bishops on Exegesis and Empire (2023) 123 |
| 55. Sextus Empiricus, Adv. Rhet., 2.33 Tagged with subjects: •living law ideal, and absolute rulership •living law ideal, origins •living law ideal, transcending written law Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 33 |
| 56. Marcian, Svf, 1 (svf 3.314) Tagged with subjects: •living law ideal, as godgiven •living law ideal, origins Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 31 |
| 57. Epigraphy, Cil, 6.93 Tagged with subjects: •roman imperialism, and living law, ideal •living law ideal, and roman imperialism Found in books: Martens, One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law (2003) 48 |
