General preface to the series "Philosophy and the Origin of Civilization".

從西方文明的發展脈絡來看，古代近東、古埃及作為文明的發源地，對古希臘文明具有重要影響。早在西元前三千多年，環地中海域的西亞文明和古埃及文明就有較繁榮的文明形態和城邦生活。古代近東和埃及的宇宙論神話、靈魂學、政治觀展示出對存在秩序的整體理解，其影響不止於早期希臘神話、哲學和政制，而且延續到後來的希臘化和羅馬帝國統治時期。

The ancient Near Eastern civilizations contained the theory of the origin of the universe, the reincarnation of the soul and the immortality of the soul, and religious myths, which contained reflections on the primordial nature, the soul and the body, good and evil, and one and many, and other issues, which inspired the ancient Greek philosophy to explore the universe, nature, the soul and other issues at the beginning. In Homer, Hesiod, Plato, and later thought, we can also glimpse the afterglow of ancient Near Eastern mythology and the idea of a "cosmic-political" order. Therefore, it remains to be carefully examined whether the origins of European or Western civilization can be traced back to ancient Greek civilization beyond the ancient Near East.

On the basis of integrating the glorious civilizations of the ancient Mediterranean regions, ancient Greek philosophy has achieved many creative transformations, and has a richer and deeper reflection on various basic issues of the human world. Plato, as a prominent representative of ancient Greek philosophy and classical rationalism, created the form of civilization after the time of Zeus or Homer, and embodied an exemplary effort to synthesize and improve civilization. Plato not only linked cosmology with teleology, but also paid special attention to the integration of the order of the city-state and the order of the soul in order to deal with the disorder of the human world and the distortion of the mind. On the basis of modestly preserving the traditional patriarchy, Plato tried to reshape the order of civilization through philosophy's search for wisdom, so that politics, law and civilization have a more solid foundation.

Plato's understanding of what is nature and primordial, the relationship between nature and ritual, and the relationship between nature and force and justice is very different from that of natural philosophers, sorcerers, and historians, and the differences in their ideas constitute a major tension in the history of Western thought. Plato redefined core concepts such as nature, soul, justice, reason, strength and weakness, and formed a new cosmology, a view of nature, a theological view, a natural law, and a political concept. Sophists, on the other hand, regard the rule of the strong over the weak as natural justice and natural law, leading to powerism, empire, and tyranny. In addition, the classical political philosophical tradition formed by Socrates, Plato, and Aristotle also had a counterpart non-political philosophical tradition in ancient Greece, namely the misanthropy of the Cynics, the cosmopolitanism of the Gallery, and the Hedonism of the Epicureans. It can be seen that there were various ideological differences in ancient Greek philosophy itself, and it presented an extremely complex face. The relationship between the various philosophical schools and the ancient Mediterranean civilizations is also intertwined, and all need to be reorganized in depth and detail.

The conflict and integration of the two Greek civilizations also played an important role in the formation of Western civilization. Different elements of the Greek civilization, such as reason and faith, the ancient Roman legal system, Christian civilization, and the rule of the Germanic Empire, had many influences on the final formation of Western civilization. It is also necessary to further explore and distinguish whether modern Western civilization mainly inherited ancient Greek philosophy, Hellenistic Roman philosophy, or Hebrew-Christian civilization as the main body, so as to clarify the overall appearance of Western civilization and the complex relationship between the elements of different civilizations.

Modern Western philosophers put forward new principles of nature and politics, constructed modern natural law and natural rights theory, and paid more attention to the satisfaction of man's natural desires. Hobbes, Locke, Rousseau and other philosophers conceived of the state of nature, human nature, virtue and political system, which shaped the new face of modern political philosophy. There are many controversies in ancient and modern philosophies on the views of nature, virtue, law, reason, and happiness, which have given rise to different institutional designs, moral consciousness, human cognition, and civilization concepts. It can be seen that there are various tensions within the body of Western civilization. Re-exploring the roots of Western philosophy and civilization can better see why the West has suffered from civilization, value, and political crises and dilemmas in modern times. By examining the gains and losses of Western civilizations in ancient and modern times, it can also break the linear narrative of civilization history and show the transitions, ruptures and transformations in the history of Western philosophy and civilization.

From the perspective of classical civilizations in the East and the West, Chinese civilization is also quite compatible with the ancient Near East and ancient Greek civilizations, and often has common views on the important issues of the universe, city-states, morality, war and peace. Classical civilizations in both the East and the West emphasize moral politics and soul perfection, and have deeply reflected on power, political imbalance, disorder of human ethics, and excessive desire. Therefore, the in-depth interpretation and mutual learning of the classics handed down from the East and the West will also help the classical civilization to return to its roots and renew it and integrate the ancient and modern values.

Lin Zhimeng reads "Restoring the Classical Concept of Creation: Cicero's On the Law"

《恢復古典的創製觀——西塞羅〈論法律〉義疏》，[美]蒂莫西·卡斯珀著，林志猛、王旭等譯，商務印書館，2025年3月出版

Cicero's classic work On the Law (De Legibus)(Translated by Wang Xusheng, Shanghai People's Publishing House, 2006 years)In three volumes, he explores natural law, religious law, and official law, and his exposition of natural law has had a profound impact on later generations. Among the many studies of "On Law", Timothy W. Caspar's "Restoring the Classical Concept of Creation: Cicero's On Law(The following quotations from this book only indicate the page number of the original book in the text)In particular, he interprets this classic volume by volume and verse, and examines Cicero's On the Republic (De re publica), Plato's Law (Laws), the works of the Langxia School and other related discussions. Casper goes into further state that Cicero was not the Porchist, as is commonly believed, but was closer to Plato. Casper paid full attention to the theatrical and rhetorical characteristics of On Law, and dissected the ideological connotations in it, excavating the political and philosophical intentions of Cicero's legal concept.

Nature, Reason, and Law

在西方自然法傳統中，西塞羅的自然法觀念是古典自然法的突出代表。西塞羅對自然、法律和理性的理解看起來有廊下派色彩，但實則與柏拉圖密切相關。《論法律》從場景的設置、對話主題的安排到具體的論證，都有意模仿柏拉圖的《法義》。《論法律》卷一闡述法律的根基為自然、理性，哲學乃是法律的基礎，這與《法義》卷一的主旨相關。《論法律》卷二探討宗教法，與《法義》卷八的宗教法和卷十的神學論證等也有直接關聯。《論法律》卷三考察官職法，則對應於《法義》卷六的官職設置。

In On the Law, Cicero has a deep understanding of "nature" (natura). He pointed out at the outset that in order to explore the roots of law, it is necessary to first understand what blessings "nature" bestows on man, what great capacity the human mind has to create perfect things, what obligations are to be fulfilled in life in this world, and what are the natural connections between people(On the Law, I.16)。 In Cicero's view, in order to explain the essence of the law, it is necessary to look for it from the natural nature of human beings and explore it with philosophy. He attaches more importance to man's natural purpose and natural obligation to pursue mental perfection, because reason is contained in man's natural nature. Cicero mentions the lex view of the Gallery:

The law is the highest rationality (ratio summa) rooted in nature, which commands what must be done and prohibits the opposite. When the same rationality is secured and established in the minds of people, it is law. Therefore, they usually believe that the law is prudentiam, which means that the mind requires people to behave correctly and prohibits people from breaking the law.(On the Law, I.19-0)

Cicero believed that law and nature were intimately linked, but traditional poets sought to separate the two. Casper shows that, according to the traditional poets, the human imagination or mind has nothing to do with nature, that natural things are perishable, and that poetry that does not depend on nature is eternal. The creation or craft of poetry can conquer nature and thus pose a threat to the legislator or creator of the New Deal(Casper, p. 27)。 If the image of the gods and religion constructed by the poet becomes the sole basis of the law, the law will not be able to continue to improve until it loses its authority in the process of changing times and the decline of religion. Therefore, there is a need to merge law with nature and truth, so that nature becomes the legitimate basis of law and justice, and this natural law will govern the relationship between man and man and God. Cicero thus shows us that politics and law cannot transcend nature and go against the natural nature of man, and that both are rooted in nature and have their limits.

Cicero also said that the Gallery was upheld by the concept of justice in Greek law (νόμος), that is, the law is to give everyone what they deserve. But he himself is more inclined to think that "lex" derives from the concept of "choice" (lego), that law is the force of nature, the mind and reason of the wise, and the criterion of justice and injustice(On the Law, I.19)。 In fact, Plato also associated law (νόμος) with reason, reason, and philosophy long ago: "Law intends to become the discovery of reality"(Plato: "Minos", translated by Lin Zhimeng, in Plato's Complete Works: Short and Medium Works, Huaxia Publishing House, 315, 0a), Dharma is "the distribution of reason" (νοῦ διανομὴν)(Plato: "The Doctrine of Law", translated by Lin Zhimeng, Huaxia Publishing House, 714 years, 0a), "Reason (λόγος) strives to be the law"(Plato, Legal, 835e)。 In Plato's view, good legislation is based on the natural order of virtues(Plato, Law, 631b-d)。 Cicero's exposition of the law is closely related to Plato.

Casper makes it clear that Cicero took both Greek and Roman understandings of law. Cicero's political wisdom recognizes that political justice is a combination of natural justice and customary justice, and Cicero, like Aristotle, distinguishes between distributive justice and commutative justice. The law is not only to distribute what everyone is entitled to, but also to correct justice when a person suffers injustice(Casper, pp. 43-0)。 In order to make a proper distribution, the law must fully understand the natural nature of each person, so as to allocate what is beneficial, or what is befitting his nature, so that every man may have his place. Therefore, the law needs to contain elements of sanity or wisdom in order to make such a distribution. In other words, the need for law and politics takes precedence over its own philosophy. However, the correction of various unjust and criminal acts needs to be based on politics and reality, and compulsory legal means should be adopted. Although natural law is supreme, Cicero does not confine himself to talking about the supreme law, but takes into account those rules that are permissible or prohibitive, as are usually referred to by the populace(On the Law, I.19)。

For Cicero, there was a unique relationship between nature, gods, and man. Cicero proposed that it was the power or nature of the immortal gods (naturam omnem) that ruled over the whole of nature, or the concepts of reason, power, wisdom, and will. Of all living beings, man is the only one who has feelings, memories, foresight, reason, intellect, thinking, etc., and man was created by God. Man and God share the most beautiful thing, reason, and there is a "recta ratio communis" with each other. Law is reason, and man and God share the law. If people are subordinate to the same government, they are subordinate to "the heavenly order, the wisdom of God, and the God Almighty." Therefore, the entire universe should be seen as a community of God-man(On the Law, I.23-0)。 Cicero further expressed his view of the natural nature of man:

The celestial bodies have been constantly moving and circulating, reaching a certain state of maturity that can sow human beings; Humanity is scattered throughout the earth and given a gift to the gods—the soul; While the other components of the human being come from the dead, fragile and perishable, the soul arises from the gods. Therefore, it is entirely fair to say that we have kinship or lineage or homology with the gods.(On the Law, I.24)

Cicero's description of the human soul and the relationship between man and God also bears the imprint of Plato's thought. According to the creationism in Plato's Timaeus, the cosmic soul has reason and governs the entire universe. The human soul is the product of the mixture of the cosmic soul and some impurities, and the soul that lives well in this life will return to the corresponding star in the sky. After the Creator "seeded" each soul to the earth, moon, etc., at the right time, the soul naturally grew into the most godly part(Plato: "Timeo", translated by Ye Ran, in Plato's Complete Works: Short and Medium Works, 42a-b, 0d-0e)。 In the Doctrine of the Law, Plato sees the cosmic soul as a "self-movement" that moves itself and all things in the universe into motion. As the "primordial thing", the soul takes precedence over the material elements (water, fire, earth, air, etc.), and therefore should be called "nature". Plato finally defined the gods as souls with complete virtue and intellect（柏拉圖《法義》899c，0c，0b）。 Obviously, Cicero believed that the human soul originated from God and was "sown" in the movement of the heavenly bodies, and that man knew God by remembering and knowing himself, which is very similar to Plato's view.

Casper notes that Cicero's Supreme God gives reason to man, and man and God share reason, which can be described as the same lineage and race. "Cicero's supreme god seems to be bound by reason and nature: the supreme god is bound by his own inner standard, and by this standard he rules over man and the lesser gods. In contrast, the God of Creation in Genesis is mysterious and omnipotent, beyond the reach of man. ”(Casper, p. 58)The gods described by Cicero are obviously different from the traditional gods that most people revere and worship, but are more presented with concepts such as reason, reason, wisdom, virtue, and soul, which are closer to the rational gods presented by Plato. Cicero went so far as to say that God and man are similar and have the same virtue, that is, to reach perfection and enter "the highest state of nature"(On the Law, I.25)。 Nature was originally different from the gods made by custom, but Cicero merged the two. Nature not only provides man with an abundance of things, but also teaches him to invent all kinds of skills and to create all kinds of things necessary for life with wisdom. In Plato's view, the natural purpose of man is to pursue the perfection of the soul and the perfection of the mind, so that he can have sound virtue and wisdom. Philosophers who love wisdom are often compared to god-like people. Cicero also said that man and nerves can reach the highest state of their own existence by perfecting and developing reason, and that man and God share the same virtues. Cicero concluded:

To live according to nature is the highest good, that is, to live a life in moderation and in accordance with the requirements of virtue, or to live according to nature, as according to the laws of nature, that is, to do everything that nature requires, to the best of its ability...... Nature requires us to live according to the requirements of virtue as if we were following the law.(On the Law, I.56)

To live according to nature is to live virtuously and according to the laws of nature, because law is derived from nature. This life is seen as the highest good, and Cicero further shows that wisdom is the mother of all good, and that the original meaning of "philosophy" is to love wisdom. Philosophy teaches people not only to know things, but more importantly, to know themselves, so that they can feel a certain divinity of themselves, and then become noble and happy people under the guidance of wisdom(On the Law, I.59-0)。 From these discourses, Cicero emphasized philosophy rather than religion, even though his philosophy reconciled with politics and religion. Thus, Cicero was not fundamentally a Gallery or a Cynic. The natural law of the Gallery School is based on the doctrine of divine providence and anthropocentric teleology, both of which Cicero refuted in On Divinity. Although the Treatise on Law seems to have traces of the ideas of the Gallery School, Cicero was ultimately more inclined to Platonic philosophy(Strauss, "Natural Rights and History", translated by Peng Gang, Life, Reading, and New Knowledge Joint Bookstore 50 Year Edition, pp. 0-0; Casper, pp. 0-0)。

The natural law or divine law of the Langxia school is equivalent to the supreme god or his reason, and by shaping the material of eternity, the natural law is equivalent to the principle of order that governs the universe. Man, as a rational being, is able to recognize and obey such a natural law and move towards a virtuous life and perfection. But the virtuous life is not the moral life of ordinary people, but the contemplative life of a philosopher. The question is, can most people live the life of a philosopher? The Gallery was also seen as an egalitarian, repudiating Aristotle's so-called slavery of nature. But this does not prove that all people are naturally equal in being wise or virtuous(Strauss, On Natural Law, translated by Zhang Hong, in Studies in Platonic Political Philosophy, translated by Zhang Hong et al., Huaxia Publishing House, 188, pp. 0-0)。 Compared to Plato, Cicero made more reservations about traditional religions. Cicero also said that in order for natural law to be truly relevant to human life, human beings must not be seen as souls separated from the body, but must be seen as a union of the soul and the body(Casper, p. 38)。 But when the soul knows and accepts virtue, it is no longer subject to the body, but inhibits the pursuit of pleasure, frees itself from the fear of death and suffering, and maintains religious purity and discernment between good and evil(On the Law, I.60)。 Cicero, while taking into account the religious and political realities of Rome, placed more emphasis on the excellence of the soul and the rational life.

In interpreting natural law and natural justice, Cicero traces the origins or first principles of law and justice. Casper says that Cicero followed the teachings of Plato and Aristotle: that the inquiry into the "what" of something depends on its beginning, which contains the ultimate purpose and natural nature of the thing(Casper, p. 41)。 Since law is of natural origin and contains the highest or right reason, law is not merely the product of the decrees of the people, the decisions of the rulers, the judgments of the judges, or the votes or resolutions of the people(On the Law, I.44-0)。 Because, the opinions of the majority are good and bad, and they conflict with each other(Plato, Minos, 314b-e)The law, as a good thing, does not derive from bad opinions. The distinction between justice and injustice is likewise based on nature, not on opinion or resolution. Undoubtedly, Cicero's views on natural justice and natural purposes were also closer to Plato's.

Cicero

Religious Law and Official Law

The second volume of the Treatise on Law deals primarily with religious law. Cicero believed that true legislators must possess the highest practical wisdom, and that republics should be ruled by statesmen who know the best natural law, that is, natural law republics. Natural law embodies sound reason, and the goal of the founders of the natural law republic is right reason, and to be able to educate citizens in popular rational language. Dharma is rooted in nature means that it is based on the human soul, rooted in the soul and reason of the wise. Cicero valued reason but did not neglect religion and piety, and he founded a government based on respect for the gods and the nature of their rule.

Cicero, like Plato, introduced the "legis proemium", that is, exhortatory words placed before the formal text of the law. The legal overture aims to make people more identified with and accept the law, and learn from it(Plato, The Doctrine of Law, 723a)。 Cicero's Prelude to Religious Law states that everything is governed and governed by the gods, that they are determined and willed by the gods, that the gods are gracious to mankind, and that they are concerned with who each person is, what he does, what he thinks, and whether he is reverent. In addition, man has reason and intellect, as does the universe, and the celestial bodies move by reason. Nothing is beyond nature, and nature has reason(On the Law, II.16-0)。 Cicero also suggested that prophecy could exist if we acknowledged the existence of the gods, whose intellect ruled the universe, and who cared about humanity and showed signs of what was to come(On the Law II.32)。柏拉圖在《法義》卷十也論證過，諸神存在、關心人類且不會被獻祭和祈禱收買。諸神作為有完整德性的諸靈魂，理智、智慧也是其突出特徵。

In Casper's view, Cicero received private altars and family gods, and his city-state was different from Plato's city-state. Cicero's city-state would have been more sensitive to the human condition, who inhabited the natural world rather than the world of ideas, and had the same emphasis on public rituals rather than mere philosophy. Cicero's concern with religion was part of his concern with nature and natural law, because religion and its ceremonies reinforced the legitimacy of the political system. Cicero's laws established a system of religious worship, but it was up to man to develop great respect and respect for the political system and to create a healthy republic(Casper, p. 148)。 Religious law was introduced to maintain an eternal concern for the soul, to orient the soul as far as possible towards reason and natural justice. However, in comparison with Plato, Casper often highlights Plato's philosopher-king and philosopher-king concept of goodness, and Plato's city-state seems too idealistic.(Cicero relied to some extent on Plato, but more on Roman ideals, customs, and traditions, Rexin points out.) Cicero emphasized the relationship between man and God and said that it would be beneficial to worship God as properly as his ancestors did. He also argues that Plato is too metaphysical and idealistic, while Cicero goes back to the glorious history of the Roman ancestors and the Roman state. cf. John Rexine,Religion in Plato and Cicero, New York: Greenwood Press, 128, pp. 0-0。 ）In fact, Plato's Legalism constructs the second-best city-state, or the best possible form of government, i.e., a mixture of aristocracy, monarchy, and democracy(Lin Zhimeng, "Plato's 'Fayi' Research, Translation and Notes", Vol. 1, "The Philosophical Basis of Legislation: A Study of 'Fayi'", East China Normal University Press, 111, pp. 0-0)。 Philosophy is very hidden in the Dharma, it has been watered down and reconciled, and it can be better integrated with religion and politics.

The third volume of the "Treatise on the Law" deals with the law of official positions, and the sixth volume of the "Legal Doctrine" also deals with the issue of official positions. Before proposing specific legal provisions, Cicero put in a legal prelude, as Plato did, which contained three main aspects. First, there is an intrinsic connection between officials and their duties and the law, and the duty of officials is to prescribe what is right, beneficial, and in accordance with the law, and officials are like talking laws. Second, the power of officials has a religious basis and is part of divine power. Third, the positions of officials should be arranged reasonably, and officials should know how to take turns ruling and being ruled(On the Law, III.5-0)。

Cicero also advocated a mixed political system that included elements of monarchy, aristocracy, and democracy, aristocratically believing that the best republics were those that were mixed or moderate. The tribune office is an essential part of a mixed political system that can both calm public anger and prevent tyranny, thereby establishing a proper political system. Cicero's arrangement of official positions embodies political moderation, fully aware of the limits of politics and human limits, and the teachings of his founding of the political system are teachings on political moderation. All founders should start from their own original political system, rather than tearing it down and uprooting it and creating a new one. The best laws constructed by Cicero were not a complete abstraction of any realpolitik, but took into account human life and interests in order to apply to realpolitures or republics. Cicero set out from the established Roman Republic and sought legislative standards outside of Rome. It was only after having a solid foundation that he could go beyond Rome and seek transcendent philosophical guidance outside of his own political system. Thus, Casper sees this political justification as a combination of natural justification and legal or traditional justification(Casper, pp. 203-0)。

Casper shows that Cicero's philosophy was closely linked to political mandates. Cicero sought to re-establish a republican system of government in Rome to provide a model for the future founders of a natural law republic. Therefore, Cicero first of all revived the philosophy of health in order to guide the return and smooth functioning of the republic. In addition, Cicero appealed to various schools of thought through honor or nobility, especially to the Gallery School, which showed that in order to become noble, one needed to participate in politics, not just to lead a philosopher-like life of contemplation. In this way, it was also possible to convince both the Gakuen and the Wandering School that a system of government that could be recognized by both upright and noble people was not just a natural law system that focused on the wise, but on the common good(Casper, p. 84)。 It can be seen that Cicero's political system and laws have a deeper harmony with reality, but they do not abandon philosophy.

Bibliography of "Philosophy and the Origins of Civilization" (forthcoming)

Restoring the Classical Concept of Creation: Cicero's On Law (Timothy Casper)

Socrates' Rationalism and Political Philosophy: The Righteousness of Phaedo (Paul Stern)

Plato's Cosmology and Its Ethical Dimension (Gabriela Carone)

Speaking of Nature: Aristotle and the Discovery of Reason (Russell Winslow)

The Myth of Western Civilization: The West as an Ideological Category and Political Myth (Anrico Firi)

Plato's Cretan City-State: A Historical Interpretation of the Doctrine of Law (Glenn Morrow)