Human Rights:

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Human Rights:

An Anthology of Texts

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Editor J erzy Zajadło

Human Rights:

An Anthology of Texts

MCMLXXXVIII – MMVIII

60 YEARS OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS:

ANNIVERSARY BOOK

VOLUME III

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Three-Volume Collection

60 YEARS OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: ANNIVERSARY BOOK Collection Editor: Professor Marek Zubik

Volume III

HUMAN RIGHTS: AN ANTHOLOGY OF TEXTS Volume Editor: Professor Jerzy Zajadło

Translation of texts:

Tadeusz Wolański – 9, 47 and 69.

GTC AMG Sp.z o.o. Warszawa – 10, 13, 17 and 18.

Illustration on the cover:

„The School of Athens” – the fresco painted between 1510 and 1511 at the request of Pope Julius II. Nearly every great Greek philosopher can be found within the painting. In the center of the fresco, there are the two main subjects, Plato on the left and Aristotle on the right.

60 Years of the Universal Declaration of Human Rights: Anniversary Book (Vol. I - III) ISBN 978-83-927049-5-9

Volume III

ISBN 978-83-927049-8-0

Publisher

The Office of the Commissioner for Civil Rights Protection Aleja Solidarności 77, 00-090 Warsaw

This Anniversary Book has been co-financed by the Chancellary of the President of the Republic of Poland

Prepared for printing, printed and bound in Poland by:

PPGK S.A. Drukarnia KART 01-252 Warsaw, Przyce 20 St.

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One cannot understand the impact of human rights as powerful ideas underneath contemporary legal thought or even social philosophy without an idea of man. The third volume of our collection, following volumes on historical and legal developments in the field of human rights, aims to add a philosophical perspective.

The broad historical spectrum covered by the texts contained in this book stretches from the sources of our Hellenic and Judeo-Christian civilization of the West, represented by Plato, Moses and Jesus, through the heritage of the Middle Ages, the Renaissance and the Enlightment, ending with what are now considered classical 19th century thinkers and a variety of contemporary perspectives on human rights, including communitarian, libertarian, utilitarian, natural law, feminist, postmodernist, relativist and religious points of view.

We have included important political statements as well as philosophical texts in the strict sense of the term. The Polish contribution to the idea of human rights is also illustrated, albeit modestly. The collected texts identify the problem of human rights as pertaining to a view of man that lies somewhere between two extremes: between the idea of the human being as an autonomous person endowed with inalienable dignity, and that of the human being as conditioned and determined by a variety of factors: social, political, economic, religious, sexual and cultural.

Human rights are usually referred to as a project of modernity. According to some thinkers, e.g. J. Habermas, this project, although successful, remains unfinished. To others, such as A. MacIntyre, it has been a failure. Our anthology, however, shows that the debate about man, his freedoms, rights and duties, has a longer tradition, dating back to the earliest period of our civilization.

The second half of the 20th century witnessed some very fervent debates about human rights. The history of those debates can be organized into three stages. Typical examples of attitudes within each stage are selected in this book. After 1945 and up to the early 70s, the debate was characterized by a simplified a priori approach to human rights. In the 90s this was replaced

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by cultural relativism and doubts about universality of human rights.

Currently there are attempts to reconcile these two positions somewhat.

At the turn of the new millennium the Dutch international law scholar Peter R. Baehr tried to define the basic controversies about human rights in our times. He listed six essential problems. Among them are: the universality of human rights, the meaning of collective rights, the promotion of economic, social and cultural rights, the impact of transnational companies, responsibility for mass violations of human rights and the problem of humanitarian intervention.

Many of these problems are reflected in our daily lives, especially in the work of an ombudsman. In our culture, the principle of respect for persons is put in terms of rights which delimit human autonomy. Striking a balance between opposing rights and claims requires choices which cannot be made without some philosophical assumptions, especially those enshrined in our constitutions and legal cultures. They are not abstract, but deeply rooted in our morality and tradition.

The debate illustrated in our collection of texts is useful both for public authorities and for citizens. Views of the common good must be reconciled in our community. As new challenges abound, we are enjoined to think about the future of the debate on the human condition. In an age of demographic crisis and new inventions in biotechnology, we must reflect on the idea of man.

Whether that idea is clear or dim depends on one’s perspective. The postmodern discussion of human rights is certainly multidimensional and pluralist. But one thing remains essential and inescapable, and that is the perennial question: quid est homo? – who is man?

Janusz Kochanowski Commissioner for Civil Rights Protection of the Republic of Poland

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Moses

THE TEN COMMANDMENTS

Source: “Holy Bible”

And God spoke all these words, saying,

“I am the LORD your God, who brought you out of the land of Egypt, out of the house of slavery.

You shall have no other gods before me.

You shall not make for yourself a carved image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth. You shall not bow down to them or serve them, for I the LORD your God am a jealous God, visiting the iniquity of the fathers on the children to the third and the fourth generation of those who hate me, showing steadfast love to thousands of those who love me and keep my commandments.

You shall not take the name of the LORD your God in vain, for the LORD will not hold him guiltless who takes his name in vain.

Remember the Sabbath day, to keep it holy. Six days you shall labor, and do all your work, but the seventh day is a Sabbath to the LORD your God.

On it you shall not do any work, you, or your son, or your daughter, your male servant, or your female servant, or your livestock, or the sojourner who is within your gates. For in six days the LORD made heaven and earth, the sea, and all that is in them, and rested on the seventh day. Therefore the LORD blessed the Sabbath day and made it holy.

“Honor your father and your mother, that your days may be long in the land that the LORD your God is giving you.

You shall not murder.

You shall not commit adultery.

You shall not steal.

You shall not bear false witness against your neighbor.

You shall not covet your neighbor’s house; you shall not covet your neighbor’s wife, or his male servant, or his female servant, or his ox, or his donkey, or anything that is your neighbor’s.”

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Jesus Christ

THE SERMON ON THE MOUNT

Source: “Holy Bible”

Seeing the crowds,he went up on the mountain, and when he sat down, his disciples came to him.

And he opened his mouth and taught them, saying:

“Blessed are the poor in spirit, for theirs is the kingdom of heaven.

Blessed are those who mourn, for they shall be comforted.

Blessed are the meek, for they shall inherit the earth.

Blessed are those who hunger and thirst for righteousness, for they shall be satisfied.

Blessed are the merciful, for they shall receive mercy.

Blessed are the pure in heart, for they shall see God.

Blessed are the peacemakers, for they shall be calledsons of God.

Blessed are those who are persecuted for righteousness’ sake, for theirs is the kingdom of heaven.

Blessed are you when others revile you and persecute you and utter all kinds of evil against you falsely on my account. Rejoice and be glad, for your reward is great in heaven, for so they persecuted the prophets who were before you.”

“You are the salt of the earth, but if salt has lost its taste, how shall its saltiness be restored? It is no longer good for anything except to be thrown out and trampled under people’s feet.

“You are the light of the world. A city set on a hill cannot be hidden. Nor do people light a lamp and put it under a basket, but on a stand, and it gives light to all in the house. In the same way, let your light shine before others, so that they may see your good works and give glory to your Father who is in heaven.”

“Do not think that I have come to abolish the Law or the Prophets;

I have not come to abolish them but to fulfill them. For truly, I say to you,until heaven and earth pass away, not an iota, not a dot, will pass from the Law until all is accomplished. Therefore whoever relaxes one of the least of these commandments and teaches others to do the same will be called least in the

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Jesus Christ, The Sermon on the Mount

kingdom of heaven, but whoever does them and teaches them will be called great in the kingdom of heaven. For I tell you, unless your righteousness exceeds that of the scribes and Pharisees, you will never enter the kingdom of heaven.”

“You have heard that it was said to those of old, ‘You shall not murder; and whoever murders will be liable to judgment.’ But I say to you that everyone who is angry with his brother will be liableto judgment; whoever insults his brother will be liable to the council; and whoever says, ‘You fool!’ will be liable to the hell of fire. So if you are offering your gift at the altar and there remember that your brother has something against you, leave your gift there before the altar and go. First be reconciled to your brother, and then come and offer your gift. Come to terms quickly with your accuser while you are going with him to court, lest your accuser hand you over to the judge, and the judge to the guard, and you be put in prison. Truly, I say to you, you will never get out until you have paid the last penny.”

“You have heard that it was said, ‘You shall not commit adultery.’ But I say to you that everyone who looks at a woman with lustful intent has already committed adultery with her in his heart. If your right eye causes you to sin, tear it out and throw it away. For it is better that you lose one of your members than that your whole body be thrown into hell. And if your right hand causes you to sin, cut it off and throw it away. For it is better that you lose one of your members than that your whole body go into hell.”

“It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’ But I say to you that everyone who divorces his wife, except on the ground of sexual immorality, makes her commit adultery, and whoever marries a divorced woman commits adultery.”

“Again you have heard that it was said to those of old, ‘You shall not swear falsely, butshall perform to the Lord what you have sworn.’ But I say to you, Do not take an oath at all, either by heaven, for it is the throne of God, or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. And do not take an oath by your head, for you cannot make one hair white or black. Let what you say be simply ‘Yes’ or ‘No’; anything more than this comes from evil.”

“You have heard that it was said, ‘An eye for an eye and a tooth for a tooth.’ But I say to you, Do not resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also. And if anyone would sue you and take your tunic, let him have your cloak as well. And if anyone forces

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you to go one mile, go with him two miles. Give to the one who begs from you, and do not refuse the one who would borrow from you.”

“You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, Love your enemies and pray for those who persecute you, so that you may be sons of your Father who is in heaven.

For he makes his sun rise on the evil and on the good, and sends rain on the just and on the unjust. For if you love those who love you, what reward do you have? Do not even the tax collectors do the same? And if you greet only your brothers, what more are you doing than others? Do not even the Gentiles do the same? You therefore must be perfect, as your heavenly Father is perfect.”

“Beware of practicing your righteousness before other people in order to be seen by them, for then you will have no reward from your Father who is in heaven.

Thus, when you give to the needy, sound no trumpet before you, as the hypocrites do in the synagogues and in the streets, that they may be praised by others. Truly, I say to you, they have received their reward. But when you give to the needy, do not let your left hand know what your right hand is doing, so that your giving may be in secret. And your Father who sees in secret will reward you.”

“And when you pray, you must not be like the hypocrites. For they love to stand and pray in the synagogues and at the street corners, that they may be seen by others. Truly, I say to you, they have received their reward. But when you pray, go into your room and shut the door and pray to your Father who is in secret. And your Father who sees in secret will reward you.

And when you pray, do not heap up empty phrases as the Gentiles do, for they think that they will be heard for their many words. Do not be like them, for your Father knows what you need before you ask him. Pray then like this:

»Our Father in heaven, hallowed beyour name. Your kingdom come, your will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our debts, as we also have forgiven our debtors. And lead us not into temptation, but deliver us from evil.

For if you forgive others their trespasses, your heavenly Father will also forgive you, but if you do not forgive others their trespasses, neither will your Father forgive your trespasses.«”

“And when you fast, do not look gloomy like the hypocrites, for they disfigure their faces that their fasting may be seen by others. Truly, I say to you, they have received their reward. But when you fast, anoint your

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head and wash your face, that your fasting may not be seen by others but by your Father who is in secret. And your Father who sees in secret will reward you. ”

“Do not lay up for yourselves treasures on earth, where moth and rust destroy and where thieves break in and steal, but lay up for yourselves treasures in heaven, where neither moth nor rust destroys and where thieves do not break in and steal. For where your treasure is, there your heart will be also.

The eye is the lamp of the body. So, if your eye is healthy, your whole body will be full of light,but if your eye is bad, your whole body will be full of darkness. If then the light in you is darkness, how great is the darkness!

No one can serve two masters, for either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve God andmoney.”

“Therefore I tell you, do not be anxious about your life, what you will eat or what you will drink, nor about your body, what you will put on. Is not life more than food, and the body more than clothing? Look at the birds of the air: they neither sow nor reap nor gather into barns, and yet your heavenly Father feeds them. Are you not of more value than they? And which of you by being anxious can add a single hour to his span of life? And why are you anxious about clothing? Consider the lilies of the field, how they grow: they neither toil nor spin, yet I tell you, even Solomon in all his glory was not arrayed like one of these. But if God so clothes the grass of the field, which today is alive and tomorrow is thrown into the oven, will he not much more clothe you, you of little faith? Therefore do not be anxious, saying, ‘What shall we eat?’ or ‘What shall we drink?’ or ‘What shall we wear?’ Forthe Gentiles seek after all these things, and your heavenly Father knows that you need them all. But seek first the kingdom of God and his righteousness, and all these things will be added to you.

Therefore do not be anxious about tomorrow, for tomorrow will be anxious for itself. Sufficient for the day is its own trouble.”

“Judge not, that you be not judged. For with the judgment you pronounce you will be judged, and with the measure you use it will be measured to you.

Why do you see the speck that is in your brother’s eye, but do not notice the log that is in your own eye? Or how can you say to your brother, ‘Let me take the speck out of your eye,’ when there is the log in your own eye? You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your brother’s eye.

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Do not give dogs what is holy, and do not throw your pearls before pigs, lest they trample them underfoot and turn to attack you.”

“Ask, and it will be given to you; seek, and you will find; knock, and it will be opened to you. For everyone who asks receives, and the one who seeks finds, and to the one who knocks it will be opened. Or which one of you, if his son asks him for bread, will give him a stone? Or if he asks for a fish, will give him a serpent? If you then, who are evil, know how to give good gifts to your children, how much more will your Father who is in heaven give good things to those who ask him!”

“So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets.

Enter by the narrow gate. For the gate is wide and the way is easythat leads to destruction, and those who enter by it are many. For the gate is narrow and the way is hard that leads to life, andhose who find it are few.”

“Beware of false prophets, who come to you in sheep’s clothing but inwardly are ravenous wolves. You will recognize them by their fruits. Are grapes gathered from thornbushes, or figs from thistles? So, every healthy tree bears good fruit, but the diseased tree bears bad fruit. A healthy tree cannot bear bad fruit, nor can a diseased tree bear good fruit. Every tree that does not bear good fruit is cut down and thrown into the fire. Thus you will recognize them by their fruits.”

“Not everyone who says to me, ‘Lord, Lord’, will enter the kingdom of heaven, but the one who does the will of my Father who is in heaven. On that day many will say to me, ‘Lord, Lord, did we not prophesy in your name, and cast out demons in your name, and do many mighty works in your name?’

And then will I declare to them, ‘I never knew you; depart from me, you workers of lawlessness.’”

“Everyone then who hears these words of mine and does them will be like a wise man who built his house on the rock. And the rain fell, and the floods came, and the winds blew and beat on that house, but it did not fall, because it had been founded on the rock. And everyone who hears these words of mine and does not do them will be like a foolish man who built his house on the sand. And the rain fell, and the floods came, and the winds blew and beat against that house, and it fell, and great was the fall of it.”

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“And when Jesus finished these sayings, the crowds were astonished at his teaching, for he was teaching them as one who had authority, and not as their scribes.”

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Aristotle

POLITICS AND NICOMACHEAN ETHICS

Source: “The Internet Classics Archive”: http://classics.mit.edu

Every state is a community of some kind, and every community is established with a view to some good; for mankind always act in order to obtain that which they think good. But, if all communities aim at some good, the state or political community, which is the highest of all, and which embraces all the rest, aims, and in a greater degree than any other, at the highest good. [...]

Hence it is evident that the state is a creation of nature, and that man is by nature a political animal. And he who by nature and not by mere accident is without a state, is either above humanity, or below it; he is the Tribeless, lawless, hearthless one,’ whom Homer denounces the outcast who is a lover of war; he may be compared to a bird which flies alone.

Man, having the gift of speech and the sense of right and wrong, is by nature a political animal.

Now the reason why man is more of a political animal than bees or any other gregarious animals is evident. Nature, as we often say, makes nothing in vain, and man is the only animal whom she has endowed with the gift of speech. And whereas mere sound is but an indication of pleasure or pain, and is therefore found in other animals (for their nature attains to the perception of pleasure and pain and the intimation of them to one another, and no further), the power of speech is intended to set forth the expedient and inexpedient, and likewise the just and the unjust. And it is a characteristic of man that he alone has any sense of good and evil, of just and unjust, and the association of living beings who have this sense makes a family and a state. [...]

Thus the state is by nature clearly prior to the family and to the individual, since the whole is of necessity prior to the part; for example, if the whole body be destroyed, there will be no foot or hand, except in an equivocal sense, as we might speak of a stone hand; for when destroyed the hand will be no better. But things are defined by their working and power; and we ought not to say that they are the same when they are no longer the same, but only that they have the same name. The proof that the state is a creation of nature and prior to the individual is that the individual, when isolated, is not self-sufficing; and therefore he is like a part in relation to the whole. But he who is unable to live in society, or who has no need because he is sufficient

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Aristotle, Politics and Nicomachean Ethics

for himself, must be either a beast or a god: he is no part of a state. A social instinct is implanted in all men by nature, and yet he who first founded the state was the greatest of benefactors. For man, when perfected, is the best of animals, but, when separated from law and justice, he is the worst of all;

since armed injustice is the more dangerous, and he is equipped at birth with the arms of intelligence and with moral qualities which he may use for the worst ends. Wherefore, if he have not virtue, he is the most unholy and the most savage of animals, and the most full of lust and gluttony. But justice is the bond of men in states, and the administration of justice, which is the determination of what is just” , is the principle of order in political society.

[...]

We see that all men intend by justice to signify the sort of habit or character that makes men apt to do what is just, and which further makes them act justly and wish what is just; while by injustice they intend in like manner to signify the sort of character that makes men act unjustly and wish what is unjust. [...]

Let us then ascertain in how many different senses we call a man unjust.

Firstly, he who breaks the laws is considered unjust, and, secondly, he who takes more than his share, or the unfair man. Plainly, then, a just man will mean (1) a law-abiding and (2) a fair man. A just thing then will be (1) that which is in accordance with the law, (2) that which is fair; and the unjust thing will be (1) that which is contrary to law, (2) that which is unfair.

But since the unjust man, in one of the two senses of the word, takes more than his share, the sphere of his action will be good things – not all good things, but those with which good and ill fortune are concerned, which are always good in themselves, but not always good for us – the things that we men pray for and pursue, whereas we ought rather to pray that what is good in itself may be good for us, while we choose that which is good for us.

But the unjust man does not always take more than his share; he sometimes take less, viz. of those things which are bad in the abstract; but as the lesser evil is considered to be in some sort good, and taking more means taking more good, he is said to take more than his share. But in any case he is unfair; for this is a wider term which includes the other.

We found that the law-breaker is unjust, and the law-abiding man is just.

Hence it follows that whatever is according to law is just in one sense of the word. [And this, we see, is in fact the case;] for what the legislator prescribes is according to law, and is always said to be just.

Now, the laws prescribe about all manner of things, aiming at the common interest of all, or of the best men, or of those who are supreme in the state (position in the state being determined by reference to personal excellence, or to some other such standard); and so in one sense we apply the term just to whatever tends to produce and preserve the happiness of

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the community, and the several elements of that happiness. The law bids us display courage (as not to leave our ranks, or run, or throw away our arms), and temperance (as not to commit adultery or outrage), and gentleness (as not to strike or revile our neighbours), and so on with all the other virtues and vices, enjoining acts and forbidding them, rightly when it is a good law, not so rightly when it is a hastily improvised one.

Justice, then, in this sense of the word, is complete virtue, with the addition that it is displayed towards others. On this account it is often spoken of as the chief of the virtues, and such that “neither evening nor morning star is so lovely”; and the saying has become proverbial, “Justice sums up all virtues in itself.”

It is complete virtue, first of all, because it is the exhibition of complete virtue: it is also complete because he that has it is able to exhibit virtue in dealing with his neighbours, and not merely in his private affairs; for there are many who can be virtuous enough at home, but fail in dealing with their neighbours.

This is the reason why people commend the saying of Bias, “Office will show the man”; for he that is in office ipso facto stands in relation to others, and has dealings with them. This, too, is the reason why justice alone of all the virtues is thought to be another’s good, as implying this relation to others; for it is another’s interest that justice aims at – the interest, namely, of the ruler or of our fellow-citizens.

While then the worst man is he who displays vice both in his own affairs and in his dealings with his friends, the best man is not he who displays virtue in his own affairs merely, but he who displays virtue towards others;

for this is the hard thing to do.

Justice, then, in this sense of the word, is not a part of virtue, but the whole of it; and the injustice which is opposed to it is not a part of vice, but the whole of it. How virtue differs from justice in this sense is plain from what we have said; it is one and the same character differently viewed: viewed in relation to others, this character is justice; viewed simply as a certain character, it is virtue. [...]

We have now to examine justice in that sense in which it is a part of virtue – for we maintain that there is such a justice – and also the corresponding kind of injustice. That the word is so used is easily shown. In the case of the other kinds of badness, the man who displays them, though he acts unjustly [in one sense of the word], yet does not take more than his share: for instance, when a man throws away his shield through cowardice, or reviles another through ill temper, or through illiberality refuses to help another with money. But when he takes more than his share, he displays perhaps no one of these vices, nor does he display them all, yet he displays a kind of

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badness (for we blame him), namely, injustice [in the second sense of the word].

We see, then, that there is another sense of the word injustice, in which it stands for a part of that injustice which is coextensive with badness, and another sense of the word unjust, in which it is applied to a part only of those things to which it is applied in the former sense of “contrary to law.”

Again, if one man commits adultery with a view to gain, and makes money by it, and another man does it from lust, with expenditure and loss of money, the latter would not be called grasping, but profligate, while the former would not be called profligate, but unjust [in the narrower sense].

Evidently, then, he would be called unjust because of his gain.

Once more, acts of injustice, in the former sense, are always referred to some particular vice, as if a man commits adultery, to profligacy; if he deserts his comrade in arms, to cowardice; if he strikes another, to anger: but in a case of unjust gain, the act is referred to no other vice than injustice.

It is plain then that, besides the injustice which is coextensive with vice, there is a second kind of injustice, which is a particular kind of vice, bearing the same name as the first, because the same generic conception forms the basis of its definition; i.e. both display themselves in dealings with others, but the sphere of the second is limited to such things as honour, wealth, security (perhaps some one name might be found to include all this class), and its motive is the pleasure of gain, while the sphere of the first is coextensive with the sphere of the good man’s action.

We have ascertained, then, that there are more kinds of justice than one, and that there is another kind besides that which is identical with complete virtue; we now have to find what it is, and what are its characteristics.

We have already distinguished two senses in which we speak of things as unjust, viz. (1) contrary to law, (2) unfair; and two senses in which we speak of things as just, viz. (1) according to law, (2) fair.

The injustice which we have already considered corresponds to unlawful.

But since unfair is not the same as unlawful, but differs from it as the part from the whole (for unfair is always unlawful, but unlawful is not always unfair), unjust and injustice in the sense corresponding to unfair will not be the same as unjust and injustice in the sense corresponding to unlawful, but different as the part from the whole; for this injustice is a part of complete injustice, and the corresponding justice is a part of complete justice. We must therefore speak of justice and injustice, and of that which is just and that which is unjust, in this limited sense.

We may dismiss, then, the justice which coincides with complete virtue and the corresponding injustice, the former being the exercise of complete virtue towards others, the latter of complete vice.

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It is easy also to see how we are to define that which is just and that which is unjust in their corresponding senses [according to law and contrary to law]. For the great bulk, we may say, of the acts which are according to law are the acts which the law commands with a view to complete virtue; for the law orders us to display all the virtues and none of the vices in our lives.

But the acts which tend to produce complete virtue are those of the acts according to law which are prescribed with reference to the education of a man as a citizen. As for the education of the individual as such, which tends to make him simply a good man, we may reserve the question whether it belongs to the science of the state or not; for it is possible that to be a good man is not the same as to be a good citizen of any state whatever.

But of justice as a part of virtue, and of that which is just in the corresponding sense, one kind is that which has to do with the distribution of honour, wealth, and the other things that are divided among the members of the body politic (for in these circumstances it is possible for one man’s share to be unfair or fair as compared with another’s); and another kind is that which has to give redress in private transactions.

The latter kind is again subdivided; for private transactions are (1) voluntary, (2) involuntary. “Voluntary transactions or contracts” are such as selling, buying, lending at interest, pledging, lending without interest, depositing, hiring: these are called “voluntary contracts”, because the parties enter into them of their own will.

“Involuntary transactions”, again, are of two kinds: one involving secrecy, such as theft, adultery, poisoning, procuring, corruption of slaves, assassination, false witness; the other involving open violence, such as assault, seizure of the person, murder, rape, maiming, slander, contumely. [...]

Thus we have described that which is unjust and that which is just. And now that these are determined, we can see that doing justice is a mean between doing and suffering injustice; for the one is having too much, or more, and the other too little, or less than one’s due.

We see also that the virtue justice is a kind of moderation or observance of the mean, but not quite in the same way as the virtues hitherto spoken of.

It does indeed choose a mean, but both the extremes fall under the single vice injustice.

We see also that justice is that habit in respect of which the just man is said to be apt to do deliberately that which is just; that is to say, in dealings between himself and another (or between two other parties), to apportion things, not so that he shall get more or too much, and his neighbour less or too little, of what is desirable, and conversely with what is disadvantageous, but so that each shall get his fair, that is, his proportionate share, and similarly in dealings between two other parties.

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Injustice, on the contrary, is the character which chooses what is unjust, which is a disproportionate amount, that is, too much and too little of what is advantageous and disadvantageous respectively.

Thus injustice, as we say, is both an excess and a deficiency, in that it chooses both an excess and a deficiency – in one’s own affairs choosing excess of what is, as a general rule, advantageous, and deficiency of what is disadvantageous; in the affairs of others making a similarly disproportionate assignment, though in which way the proportion is violated will depend upon circumstances. But of the two sides of the act of injustice, suffering is a lesser wrong than doing the injustice. But since it is possible for a man to do an act of injustice without yet being unjust, what acts of injustice are there, such that the doing of them stamps a man at once as unjust in this or that particular way, e.g. as a thief, or an adulterer, or a robber?

Perhaps we ought to reply that there is no such difference in the acts.

A man might commit adultery, knowing what he was about, and yet be acting not from a deliberate purpose at all, but from a momentary passion. In such a case, then, a man acts unjustly, but is not unjust; e.g. is not a thief though he commits a theft, and is not an adulterer though he commits adultery, and so on.

We have already explained the relation which requital bears to that which is just. But we must not fail to notice that what we are seeking is at once that which is just simply [or without any qualifying epithet], and that which is just in a state or between citizens. Now, this implies men who associate together in order to supply their deficiencies, being free men, and upon a footing of equality, either absolute or proportionate.

Between those who are not upon this footing, then, we cannot speak of that which is just as between citizens (though there is something that can be called just metaphorically). For the term just cannot be properly applied, except where men have a law to appeal to, and the existence of law implies the existence of injustice; for the administration of the law is the discrimination of what is just from what is unjust.

But injustice implies an act of injustice (though an act of injustice does not always imply injustice) which is taking too much of the goods and too little of the evils of life. And so we do not allow an individual to rule over us, but reason or law; for an individual is apt thus to take more for himself, and to become a tyrant.

The magistrate’s function, then, is to secure that which is just, and if that which is just, then that which is equal or fair. But it seems that he gets no advantage from his office, if he is just (for he does not take a larger share of the good things of life, except when that larger share is proportionate to his worth; he works, therefore, in the interests of others, which is the reason why

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justice is sometimes called “another’s good”, as we remarked before). Some salary, therefore, must be given him, and this he receives in the shape of honours and privileges; and it is when magistrates are not content with these that they make themselves tyrants. [...]

Justice, lastly, implies persons who participate in those things that, generally speaking, are good, but who can have too much or too little of them. For some – for the gods perhaps – no amount of them is too much;

and for others – for the incurably vicious – no amount is beneficial, they are always hurtful; but for the rest of mankind they are useful within certain limits: justice, therefore, is essentially human.

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Marcus Tullius Cicero

TREATISE ON THE LAWS

Source: The Political Works of Marcus Tullius Cicero: Comprising his Treatise on the Commonwealth; and his Treatise on the Laws. Translated from the original,

with Dissertations and Notes in Two Volumes. By Francis Barham, Esq.

London: Edmund Spettigue, 1841-42, Vol. 2.

It is therefore an absurd extravagance in some philosophers to assert that all things are necessarily just, which are established by the civil laws and the institutions of the people. Are then the laws of tyrants just, simply because they are laws? If the thirty tyrants of Athens imposed certain laws on the Athenians, and if these Athenians were delighted with these tyrannical laws, are we therefore bound to consider these laws as just? For my own part, I do not think such laws deserve any greater estimation than that past during our own interregnum, which ordained, that the dictator should be empowered to put to death with impunity, whatever citizens he pleased, without hearing them in their own defence.

There can be but one essential justice, which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.

But if justice consists in submission to written laws and national customs, and if, as the Epicureans persist in affirming, every thing must be measured by utility alone, he who wishes to find an occasion of breaking such laws and customs, will be sure to discover it. So that real justice remains powerless if not supported by nature, and this pretended justice is overturned by that very utility which they call its foundation.

But this is not all. If nature does not ratify law, all the virtues lose their sway. What becomes of generosity, patriotism, or friendship? Where should we find the desire of benefitting our neighbours, or the gratitude that acknowledges kindness? For all these virtues proceed from our natural inclination to love and cherish our associates. This is the true basis of justice, and without this, not only the mutual charities of men, but the religious services of the gods, would become obsolete; for these are preserved, as I imagine, rather by the natural sympathy which subsists between divine and human beings, than by mere fear and timidity. [...]

If the will of the people, the decrees of the senate, the adjudications of magistrates, were sufficient to establish justice, the only question would be

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how to gain suffrages, and to win over the votes of the majority, in order that corruption and spoliation, and the falsification of wills, should become lawful. But if the opinions and suffrages of foolish men had sufficient weight to outbalance the nature of things, might they not determine among them, that what is essentially bad and pernicious should henceforth pass for good and beneficial? Or why should not a law able to enforce injustice, take the place of equity? Would not this same law be able to change evil into good, and good into evil?

As far as we are concerned, we have no other rule capable of distinguishing between a good or a bad law, than our natural conscience and reason. These, however, enable us to separate justice from injustice, and to discriminate between the honest and the scandalous. For common sense has impressed in our minds the first principles of things, and has given us a general acquaintance with them, by which we connect with Virtue every honourable and excellent quality, and with Vice all that is abominable and disgraceful.

Now we must entirely take leave of our senses, ere we can suppose that law and justice have no foundation in nature, and rely merely on the transient opinions of men. We should not venture to praise the virtue of a tree or a horse, in which expression there is an abuse of terms, were we not convinced that this virtue was in their nature, rather than in our opinion. For a stronger reason, it is mainly with respect to the moral nature of things, that we ought to speak of honour and shame among men.

If opinion could determine respecting the character of universal virtue, it might also decide respecting particular or partial virtues. But who will dare to determine that a man is prudent and cautious in his moral disposition, from any external appearances. For virtue evidently lies in perfect rationality, and this resides in the inmost depths of our nature. The same remark applies to all honour and honesty, for we judge of true and false, creditable and discreditable, rather by their essential qualities, than their external relations [...]

From what I have said on this subject, it may then easily be concluded, that Justice and Equity are desirable for their own sake. For all virtuous men love Justice and Equity, for what they are in themselves; and we cannot believe that such virtuous men should delude themselves by loving something which does not deserve their affection. Justice and Right are therefore desirable and amiable in themselves; and if this is true of Right, it must be true of all the moral virtues with which it is connected. What then shall we say of liberality? Is it to be exercised gratuituously, or does it covet some reward and recompense? If a man does good without expecting any recompense for his kindness, then it is gratuitous: if he does expect compensation, it is a mere matter of traffic. Doubtless, he who truly deserves the reputation of a generous and good-natured man, performs his philanthropical duties

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Marcus Tullius Cicero, Treatise on the Laws

without consulting his secular interests. In the same way the virtue of justice demands neither emolument nor salary, and therefore we desire it for its own sake, because it is its own reward. And for this reason we should entertain the same estimate of all moral virtues. [...]

From what I have said on this subject, it may then easily be concluded, that Justice and Equity are desirable for their own sake. For all virtuous men love Justice and Equity, for what they are in themselves; and we cannot believe that such virtuous men should delude themselves by loving something which does not deserve their affection. Justice and Right are therefore desirable and amiable in themselves; and if this is true of Right, it must be true of all the moral virtues with which it is connected. What then shall we say of liberality? Is it to be exercised gratuituously, or does it covet some reward and recompense? If a man does good without expecting any recompense for his kindness, then it is gratuitous: if he does expect compensation, it is a mere matter of traffic. Doubtless, he who truly deserves the reputation of a generous and good-natured man, performs his philanthropical duties without consulting his secular interests. In the same way the virtue of justice demands neither emolument nor salary, and therefore we desire it for its own sake, because it is its own reward. And for this reason we should entertain the same estimate of all moral virtues.

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Marcus Aurelius

THE MEDITATIONS

Source: “The Internet Classics Archive”: http://classics.mit.edu

Begin the morning by saying to thyself, I shall meet with the busy-body, the ungrateful, arrogant, deceitful, envious, unsocial. All these things happen to them by reason of their ignorance of what is good and evil. But I who have seen the nature of the good that it is beautiful, and of the bad that it is ugly, and the nature of him who does wrong, that it is akin to me, not only of the same blood or seed, but that it participates in the same intelligence and the same portion of the divinity, I can neither be injured by any of them, for no one can fix on me what is ugly, nor can I be angry with my kinsman, nor hate him, For we are made for co-operation, like feet, like hands, like eyelids, like the rows of the upper and lower teeth. To act against one another then is contrary to nature; and it is acting against one another to be vexed and to turn away.

That which rules within, when it is according to nature, is so affected with respect to the events which happen, that it always easily adapts itself to that which is and is presented to it. For it requires no definite material, but it moves towards its purpose, under certain conditions however; and it makes a material for itself out of that which opposes it, as fire lays hold of what falls into it, by which a small light would have been extinguished: but when the fire is strong, it soon appropriates to itself the matter which is heaped on it, and consumes it, and rises higher by means of this very material.

Men seek retreats for themselves, houses in the country, sea-shores, and mountains; and thou too art wont to desire such things very much. But this is altogether a mark of the most common sort of men, for it is in thy power whenever thou shalt choose to retire into thyself. For nowhere either with more quiet or more freedom from trouble does a man retire than into his own soul, particularly when he has within him such thoughts that by looking into them he is immediately in perfect tranquility; and I affirm that tranquility is nothing else than the good ordering of the mind. Constantly then give to thyself this retreat, and renew thyself; and let thy principles be brief and fundamental, which, as soon as thou shalt recur to them, will be sufficient to cleanse the soul completely, and to send thee back free from all discontent with the things to which thou returnest. For with what art thou discontented?

With the badness of men? Recall to thy mind this conclusion, that rational

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Marcus Aurelius, The Meditations

animals exist for one another, and that to endure is a part of justice, and that men do wrong involuntarily; and consider how many already, after mutual enmity, suspicion, hatred, and fighting, have been stretched dead, reduced to ashes; and be quiet at last. But perhaps thou art dissatisfied with that which is assigned to thee out of the universe. Recall to thy recollection this alternative; either there is providence or atoms, fortuitous concurrence of things; or remember the arguments by which it has been proved that the world is a kind of political community, and be quiet at last. But perhaps corporeal things will still fasten upon thee. Consider then further that the mind mingles not with the breath, whether moving gently or violently, when it has once drawn itself apart and discovered its own power, and think also of all that thou hast heard and assented to about pain and pleasure, and be quiet at last. But perhaps the desire of the thing called fame will torment thee. See how soon everything is forgotten, and look at the chaos of infinite time on each side of the present, and the emptiness of applause, and the changeableness and want of judgement in those who pretend to give praise, and the narrowness of the space within which it is circumscribed, and be quiet at last. For the whole earth is a point, and how small a nook in it is this thy dwelling, and how few are there in it, and what kind of people are they who will praise thee.

This then remains: Remember to retire into this little territory of thy own, and above all do not distract or strain thyself, but be free, and look at things as a man, as a human being, as a citizen, as a mortal. But among the things readiest to thy hand to which thou shalt turn, let there be these, which are two. One is that things do not touch the soul, for they are external and remain immovable; but our perturbations come only from the opinion which is within. The other is that all these things, which thou sees, change immediately and will no longer be; and constantly bear in mind how many of these changes thou hast already witnessed. The universe is transformation, life is opinion.

If our intellectual part is common, the reason also, in respect of which we are rational beings, is common: if this is so, common also is the reason which commands us what to do, and what not to do; if this is so, there is a common law also; if this is so, we are fellow-citizens; if this is so, we are members of some political community; if this is so, the world is in a manner a state. For of what other common political community will any one say that the whole human race are members? And from thence, from this common political community comes also our very intellectual faculty and reasoning faculty and our capacity for law; or whence do they come? For as my earthly part is a portion given to me from certain earth, and that which is watery from another element, and that which is hot and fiery from some peculiar source

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(for nothing comes out of that which is nothing, as nothing also returns to non-existence), so also the intellectual part comes from some source. [...]

Consider that everything which happens, happens justly, and if thou observest carefully, thou wilt find it to be so. I do not say only with respect to the continuity of the series of things, but with respect to what is just, and as if it were done by one who assigns to each thing its value. Observe then as thou hast begun; and whatever thou doest, do it in conjunction with this, the being good, and in the sense in which a man is properly understood to be good. Keep to this in every action.

Do not have such an opinion of things as he has who does thee wrong, or such as he wishes thee to have, but look at them as they are in truth.

A man should always have these two rules in readiness; the one, to do only whatever the reason of the ruling and legislating faculty may suggest for the use of men; the other, to change thy opinion, if there is any one at hand who sets thee right and moves thee from any opinion. But this change of opinion must proceed only from a certain persuasion, as of what is just or of common advantage, and the like, not because it appears pleasant or brings reputation.

Hast thou reason? I have. Why then dost not thou use it? For if this does its own work, what else dost thou wish?

Thou hast existed as a part. Thou shalt disappear in that which produced thee; but rather thou shalt be received back into its seminal principle by transmutation.

Many grains of frankincense on the same altar: one falls before, another falls after; but it makes no difference.

Within ten days thou wilt seem a god to those to whom thou art now a beast and an ape, if thou wilt return to thy principles and the worship of reason.

Do not act as if thou wert going to live ten thousand years. Death hangs over thee. While thou livest, while it is in thy power, be good.

How much trouble he avoids who does not look to see what his neighbour says or does or thinks, but only to what he does himself, that it may be just and pure; or as Agathon says, look not round at the depraved morals of others, but run straight along the line without deviating from it.

He who has a vehement desire for posthumous fame does not consider that every one of those who remember him will himself also die very soon;

then again also they who have succeeded them, until the whole remembrance shall have been extinguished as it is transmitted through men who foolishly admire and perish. But suppose that those who will remember are even immortal, and that the remembrance will be immortal, what then is this to thee? And I say not what is it to the dead, but what is it to the living? What is

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praise except indeed so far as it has a certain utility? For thou now rejectest unseasonably the gift of nature, clinging to something else...

Everything which is in any way beautiful is beautiful in itself, and terminates in itself, not having praise as part of itself. Neither worse then nor better is a thing made by being praised. I affirm this also of the things which are called beautiful by the vulgar, for example, material things and works of art. That which is really beautiful has no need of anything; not more than law, not more than truth, not more than benevolence or modesty. Which of these things is beautiful because it is praised, or spoiled by being blamed?

Is such a thing as an emerald made worse than it was, if it is not praised?

Or gold, ivory, purple, a lyre, a little knife, a flower, a shrub?

If souls continue to exist, how does the air contain them from eternity?

But how does the earth contain the bodies of those who have been buried from time so remote? For as here the mutation of these bodies after a certain continuance, whatever it may be, and their dissolution make room for other dead bodies; so the souls which are removed into the air after subsisting for some time are transmuted and diffused, and assume a fiery nature by being received into the seminal intelligence of the universe, and in this way make room for the fresh souls which come to dwell there. And this is the answer which a man might give on the hypothesis of souls continuing to exist. But we must not only think of the number of bodies which are thus buried, but also of the number of animals which are daily eaten by us and the other animals.

For what a number is consumed, and thus in a manner buried in the bodies of those who feed on them! And nevertheless this earth receives them by reason of the changes of these bodies into blood, and the transformations into the aerial or the fiery element.

What is the investigation into the truth in this matter? The division into that which is material and that which is the cause of form, the formal.

Do not be whirled about, but in every movement have respect to justice, and on the occasion of every impression maintain the faculty of comprehension or understanding.

Everything harmonizes with me, which is harmonious to thee, O Universe.

Nothing for me is too early nor too late, which is in due time for thee.

Everything is fruit to me which thy seasons bring, O Nature: from thee are all things, in thee are all things, to thee all things return. The poet says, Dear city of Cecrops; and wilt not thou say, Dear city of Zeus?

Occupy thyself with few things, says the philosopher, if thou wouldst be tranquil. But consider if it would not be better to say, Do what is necessary, and whatever the reason of the animal which is naturally social requires, and as it requires. For this brings not only the tranquility which comes from doing well, but also that which comes from doing few things. For the greatest

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part of what we say and do being unnecessary, if a man takes this away, he will have more leisure and less uneasiness. Accordingly on every occasion a man should ask himself, Is this one of the unnecessary things? Now a man should take away not only unnecessary acts, but also, unnecessary thoughts, for thus superfluous acts will not follow after.

Try how the life of the good man suits thee, the life of him who is satisfied with his portion out of the whole, and satisfied with his own just acts and benevolent disposition.

Hast thou seen those things? Look also at these. Do not disturb thyself.

Make thyself all simplicity. Does any one do wrong? It is to himself that he does the wrong. Has anything happened to thee? Well; out of the universe from the beginning everything which happens has been apportioned and spun out to thee. In a word, thy life is short. Thou must turn to profit the present by the aid of reason and justice. Be sober in thy relaxation.

Either it is a well-arranged universe or a chaos huddled together, but still a universe. But can a certain order subsist in thee, and disorder in the All? And this too when all things are so separated and diffused and sympathetic.

A black character, a womanish character, a stubborn character, bestial, childish, animal, stupid, counterfeit, scurrilous, fraudulent, tyrannical.

If he is a stranger to the universe who does not know what is in it, no less is he a stranger who does not know what is going on in it. He is a runaway, who flies from social reason; he is blind, who shuts the eyes of the understanding;

he is poor, who has need of another, and has not from himself all things which are useful for life. He is an abscess on the universe who withdraws and separates himself from the reason of our common nature through being displeased with the things which happen, for the same nature produces this, and has produced thee too: he is a piece rent asunder from the state, who tears his own soul from that of reasonable animals, which is one.

The one is a philosopher without a tunic, and the other without a book:

here is another half naked: Bread I have not, he says, and I abide by reason.

And I do not get the means of living out of my learning, and I abide by my reason.

Love the art, poor as it may be, which thou hast learned, and be content with it; and pass through the rest of life like one who has intrusted to the gods with his whole soul all that he has, making thyself neither the tyrant nor the slave of any man.

Consider, for example, the times of Vespasian. Thou wilt see all these things, people marrying, bringing up children, sick, dying, warring, feasting, trafficking, cultivating the ground, flattering, obstinately arrogant, suspecting, plotting, wishing for some to die, grumbling about the present, loving, heaping up treasure, desiring counsulship, kingly power. Well then, that life of these people no longer exists at all. Again, remove to the times

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of Trajan. Again, all is the same. Their life too is gone. In like manner view also the other epochs of time and of whole nations, and see how many after great efforts soon fell and were resolved into the elements. But chiefly thou shouldst think of those whom thou hast thyself known distracting themselves about idle things, neglecting to do what was in accordance with their proper constitution, and to hold firmly to this and to be content with it. And herein it is necessary to remember that the attention given to everything has its proper value and proportion. For thus thou wilt not be dissatisfied, if thou appliest thyself to smaller matters no further than is fit.

The words which were formerly familiar are now antiquated: so also the names of those who were famed of old, are now in a manner antiquated, Camillus, Caeso, Volesus, Leonnatus, and a little after also Scipio and Cato, then Augustus, then also Hadrian and Antoninus. For all things soon pass away and become a mere tale, and complete oblivion soon buries them. And I say this of those who have shone in a wondrous way. For the rest, as soon as they have breathed out their breath, they are gone, and no man speaks of them. And, to conclude the matter, what is even an eternal remembrance?

A mere nothing. What then is that about which we ought to employ our serious pains? This one thing, thoughts just, and acts social, and words which never lie, and a disposition which gladly accepts all that happens, as necessary, as usual, as flowing from a principle and source of the same kind.

Willingly give thyself up to Clotho, one of the Fates, allowing her to spin thy thread into whatever things she pleases.

Everything is only for a day, both that which remembers and that which is remembered.

Observe constantly that all things take place by change, and accustom thyself to consider that the nature of the Universe loves nothing so much as to change the things which are and to make new things like them. For everything that exists is in a manner the seed of that which will be. But thou art thinking only of seeds which are cast into the earth or into a womb: but this is a very vulgar notion.

Thou wilt soon die, and thou art not yet simple, not free from perturbations, nor without suspicion of being hurt by external things, nor kindly disposed towards all; nor dost thou yet place wisdom only in acting justly.

Examine men’s ruling principles, even those of the wise, what kind of things they avoid, and what kind they pursue.

What is evil to thee does not subsist in the ruling principle of another;

nor yet in any turning and mutation of thy corporeal covering. Where is it then? It is in that part of thee in which subsists the power of forming opinions about evils. Let this power then not form such opinions, and all is well. And if that which is nearest to it, the poor body, is burnt, filled with

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matter and rottenness, nevertheless let the part which forms opinions about these things be quiet, that is, let it judge that nothing is either bad or good which can happen equally to the bad man and the good. For that which happens equally to him who lives contrary to nature and to him who lives according to nature, is neither according to nature nor contrary to nature.

Constantly regard the universe as one living being, having one substance and one soul; and observe how all things have reference to one perception, the perception of this one living being; and how all things act with one movement; and how all things are the cooperating causes of all things which exist; observe too the continuous spinning of the thread and the contexture of the web.

Thou art a little soul bearing about a corpse, as Epictetus used to say.

It is no evil for things to undergo change, and no good for things to subsist in consequence of change.

Time is like a river made up of the events which happen, and a violent stream; for as soon as a thing has been seen, it is carried away, and another comes in its place, and this will be carried away too.

Everything which happens is as familiar and well known as the rose in spring and the fruit in summer; for such is disease, and death, and calumny, and treachery, and whatever else delights fools or vexes them.

In the series of things those which follow are always aptly fitted to those which have gone before; for this series is not like a mere enumeration of disjointed things, which has only a necessary sequence, but it is a rational connection: and as all existing things are arranged together harmoniously, so the things which come into existence exhibit no mere succession, but a certain wonderful relationship.

Always remember the saying of Heraclitus, that the death of earth is to become water, and the death of water is to become air, and the death of air is to become fire, and reversely. And think too of him who forgets whither the way leads, and that men quarrel with that with which they are most constantly in communion, the reason which governs the universe; and the things which daily meet with seem to them strange: and consider that we ought not to act and speak as if we were asleep, for even in sleep we seem to act and speak;

and that we ought not, like children who learn from their parents, simply to act and speak as we have been taught.

If any god told thee that thou shalt die to-morrow, or certainly on the day after tomorrow, thou wouldst not care much whether it was on the third day or on the morrow, unless thou wast in the highest degree mean-spirited for how small is the difference? So think it no great thing to die after as many years as thou canst name rather than tomorrow.

Think continually how many physicians are dead after often contracting their eyebrows over the sick; and how many astrologers after predicting with

Human Rights:

Human Rights:

An Anthology of Texts

Editor J erzy Zajadło

Human Rights:

An Anthology of Texts

MCMLXXXVIII – MMVIII

Table of contents

Moses

THE TEN COMMANDMENTS

Jesus Christ

THE SERMON ON THE MOUNT

Aristotle

POLITICS AND NICOMACHEAN ETHICS

Marcus Tullius Cicero

TREATISE ON THE LAWS

Marcus Aurelius

THE MEDITATIONS