Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Tuesday, March 6, 2012

St. Augustine on "robo-calls" in Canada. Reflections on justice, community and the loss of 'the common sense of right'.


Here is St. Augustine writing after the sack of Rome in the year 410 and interpreting Cicero’s work On the Republic. The subject is Scipio Africanus, who destroyed the Phoenicians, yet the heroic leader laments the absence of a “common sense of right” in the Roman Republic:

Book II, Chapter 21. City of God

He [Scipio] starts by repeating and supporting his brief definition of a commonwealth, that it is ‘the weal of the community’, and he defines ‘the community’ not any and every association of the population, but ‘an association united by a common sense of right and community of interest’.  He goes on to point out the advantage of definition in argument; and from these definitions of his he derives the proposition that a commonwealth (i.e. the weal of the community’) only exists where there is a sound and just government, whether power rests with a monarch or a few aristocrats, or with the people as a whole.  But when the king is unjust (a ‘tyrant’, as he calls him, in the Greek manner), or the nobles are unjust (he calls such a combination a factio – a caucus) or the people are unjust (and for this he finds no accepted term, unless he should call it a collective tyranny), then, he holds, the commonwealth is not corrupt, as had been argued on the previous day, but, by a logical conclusion from the definition, it ceases to exist at all – for there can be no ‘weal of the community’, if it is unjust, since it is not ‘associated by a common sense of right and community of interest’, which was the definition of a community.[1]

Book XIX, Chapter 21. City of God

This brings me to the place where I must fulfil, as briefly and clearly as I may, the promise I gave in the second book.  I there promised that I would show that there never was a Roman commonwealth answering to the definitions advanced by Scipio in Cicero’s On the Republic.  For Scipio gives a brief definition of the state, or commonwealth, as the ‘weal of the people’.  Now if this is a true definition there never was a Roman commonwealth because the Roman state was never the ‘weal of the people’, according to Scipio’s definition. For he defined a ‘people’ as a multitude ‘united in association by a common sense of right and a community of interest’.  He explains in the discussion what he means by a ‘common sense of right’, showing that a state cannot be maintained without justice, and where there is no true justice there can be no right.  For any action according to right is inevitably a just action, while no unjust action can possibly be according to right.  For unjust human institutions are not to be called or supposed to be institutions of right, since even they themselves say that right is what has flowed from the fount of justice; as for the notion of justice commonly put forward by some misguided thinkers, that it is ‘the interest of the strongest’, they hold this to be a false conception.

Therefore, where there is no true justice there can be no ‘association of men united by a common sense of right’, and therefore no people answering to the definition of Scipio, or Cicero.  And if there is no people then there is no ‘weal of the people’, but some kind of a mob not deserving the name of a people.[2]


[1] St. Augustine, City of God, tr. Henry Bettenson, intro. G.R.Evans (Toronto: Penguin Books, 2003), pp. 73,74.
[2] Ibid., pp. 881,882.

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