A teoria do Estado, do direito e da justiça de Marco Túlio Cícero

Abstract

The aim of this work is to make a contribution to studies dedicated to the Roman jusphilosopher Marcus Tulius Cicero and, specifically, to his Theory of the State, Law and Justice. The aim is to understand and elucidate the importance of Cicero in shaping Western society, especially its legal, political and philosophical foundations, through a historical and cultural interpretation of the lessons learned. In order to do this, we first defend the importance of philosophy, and jusphilosophy, in understanding the roots of our reality, as well as illuminating the obstacles and situations faced by the present time. Secondly, we explain the importance of knowing about the personal aspects of an intellectual in order to fully understand his ideas; this is when we look at Cicero's intellectual and practical formation, in forums, on political stages and in philosophical schools. Thirdly, we present Cicero's theory of law and justice, looking at its origins, its foundations, its manifestations, its precepts and its maxims. Fourthly, we bring up Cicero's Theory of the State, also looking at its foundations, its idealization, its reality and its historical immersion and its model constitution. Finally, we briefly relate Law, Justice and the State in Cicero, looking for their points of convergence and distance, as well as the interactions established between these institutes in idealization and historical reality. In this work, without abandoning the use of other works when necessary, we base ourselves mainly on the treatises De Republica, De Legibus and De Officiis by Marcus Tullius Cicero.