and that superiority and greatness of mind may shine forth, not only in the increase of resources and the acquisition of objects of desire for one’s self, and for those dependent on him, but much more in a position from which one can look down on these very things. But order, and consistency, and moderation, and similar qualities have their scope in affairs that demand not merely the movement of the mind, but some outward action; for it is by bringing to the concerns of daily life a certain method and order that we shall maintain honor and propriety.
6. Of the four heads into which I have divided the nature and force of the right, the first, which consists in the cognizance of truth, bears the closest relation to human nature. For we are all attracted and drawn to the desire of knowledge and wisdom, in which we deem it admirable to excel, but both an evil and a shame to fail, to be mistaken, to be ignorant, to be deceived. In this quest of knowledge, both natural and right, there are two faults to be shunned, — one, the taking of unknown things for known, and giving our assent to them too hastily, which fault he who wishes to escape (and all ought so to wish) will give time and diligence to reflect on the subjects proposed for his consideration. The other fault is that some bestow too great zeal and too much labor on things obscure and difficult, and at the same time useless. These faults being shunned, whatever labor and care may be bestowed on subjects becoming a virtuous mind and worth knowing, will be justly commended. Thus we learn that Caius Sulpicius was versed in astronomy, Ref. 015 as I myself knew Sextius Pompeius to be in geometry, Ref. 016 as many are in logic, many in civil law, — all which sciences are concerned in the investigation of truth, but by whose pursuit duty will not suffer one to be drawn away from the active management of affairs. For the reputation of virtue consists wholly in active life, from which, however, there is often a respite, and frequent opportunities are afforded for returning to the pursuit of knowledge. At the same time mental activity, which never ceases, may retain us, without conscious effort, in meditation on the subjects of our study. But all thought and mental action ought to be occupied either in taking counsel as to the things that are right and that appertain to a good and happy life, or in the pursuit of wisdom and knowledge. I have thus spoken of the first source of duty.
7. Of the remaining three heads, the principle which constitutes the bond of human society and of a virtual community of life has the widest scope. Of this there are two divisions, — justice, in which consists the greatest lustre of virtue, and which those who possess are termed good; and in close alliance with justice, beneficence, which may also be called benignity or liberality. The first demand of justice is, that no one do harm to another, unless provoked by injury; Ref. 017 the next, that one use common possessions as common, private, as belonging to their owners. Private possessions, indeed, are not so by nature, but by ancient occupancy, as in the case of settlers in a previously uninhabited region; or by conquest, as in the territory acquired in war; or by law, treaty, agreement, or lot. Ref. 018 Thus it comes to pass that the territory of Arpinas is said to belong to the Arpinates, that of Tusculum to the Tuscans, and a similar account is to be given of the possessions of individual owners. Because each person thus has for his own a portion of those things which were common by nature, let each hold undisturbed what has fallen to his possession. If any one endeavors to obtain more for himself, he will violate the law of human society. But since, as it has been well said by Plato, we are not born for ourselves alone; since our country claims a part in us, our parents a part, our friends a part; and since, according to the Stoics, whatever the earth bears is created for the use of men, while men were brought into being for the sake of men, that they might do good to one another, — in this matter we ought to follow nature as a guide, to contribute our part to the common good, and by the interchange of kind offices, both in giving and receiving, alike by skill, by labor, and by the resources at our command, to strengthen the social union of men among men. But the foundation of justice is good faith, that is, steadfastness and truth in promises and agreements. Hence, though it may seem to some too far-fetched, I may venture to imitate the Stoics in their painstaking inquiry into the origin of words, and to derive faith Ref. 019 from the fact corresponding to the promise.
Of injustice there are two kinds, — one, that of those who inflict injury; the other, that of those who do not, if they can, repel injury from those on whom it is inflicted. Moreover, he who, moved by anger or by some disturbance of mind, makes an unjust assault on any person, is as one who lays violent hands on a casual companion; while he who does not, if he can, ward off or resist the injury offered to another, is as much in fault as if he were to desert his parents, or his friends, or his country. Indeed, those injuries which are purposely inflicted for the sake of doing harm, often proceed from fear, he who meditates harm to another apprehending that, if he refrains, he himself may suffer harm. But for the most part men are induced to injure others in order to obtain what they covet; and here avarice is the most frequent motive.
8. Wealth is sought sometimes for the necessary uses of life, sometimes for indulgence in luxury. In those possessed of a higher order of mind the desire for money is entertained with a view to the increase of the means of influence and the power of generous giving. Thus, not long ago, Marcus Crassus Ref. 020 pronounced no property sufficient for one who meant to hold a foremost place in the republic, unless its income would enable him to support an army. Others, again, delight in magnificent furniture, and in an elegant and profuse style of living. In all these ways there has come to be an unbounded desire for money. Nor, indeed, is the increase of property, without harm to any one, to be blamed; but wrong-doing for the sake of gain is never to be tolerated. Most of all, however, large numbers of persons are led to lose sight of justice by the craving for military commands, civic honors, and fame. The saying of Ennius,
“Where kingship is concerned,
No social bond or covenant is sacred,”
has a much broader application; for, as to whatever is of such a nature that but few can be foremost in it, there is generally so keen a rivalry that it is exceedingly difficult to keep social duty inviolate. This was recently illustrated by the audacity of Caius Caesar, who overturned all laws, human and divine, to obtain the sovereignty which he had shaped for himself in the vagaries of his fancy. In this respect it is indeed unfortunate that it is, for the most part, in the greatest minds and in men of transcendent genius that the desire for offices civil and military, for power and for fame, is rife. The more heed, therefore, is to be taken against criminal conduct in this matter.
But in every form of injustice it makes a very essential difference whether the wrong be committed in some disturbance of mind, which is generally brief and temporary, or whether it be done advisedly, and with premeditation. For those things which are done from some sudden impulse are more venial than what is done with plan and forethought. Enough has now been said with regard to the infliction of injury.
9. For omitting to defend the injured, and thus abandoning duty, there are many reasons in current force. Men are sometimes unwilling to incur the enmity, or the labor, or the cost involved in such defence; or by mere carelessness, indolence, sloth, or engrossment in pursuits or employments of their own, they are so retarded in their movements as to leave undefended those whom they ought to protect. It will thus be seen that Plato is not entirely in the right when he says of philosophers, that because they are engaged in the investigation of truth, and because they despise and count as naught what most persons eagerly seek and are always ready to fight with each other for, they are therefore just men. Ref. 021 They indeed attain one part of justice, in injuring no one: they fail as to the other part; for, kept inactive by their zeal for learning, they forsake those whom they ought to defend. Plato thinks, too, that they will take no part in public affairs, unless by compulsion. But it were more fitting that they should do this of their own accord; for the very thing which it is right to do, can be termed virtuous only if it be voluntary. There are, also, those who, either from the over-anxious care of their property or from misanthropic feeling, profess to confine their attention to their own affairs, so as to avoid even the appearance of doing injury to any one. They are free from one kind of injustice: they fall into the other; for they forsake social duty, inasmuch as they bestow upon it neither care, nor labor, nor cost. Since, then, we have assigned to each of the two
