FUNDAMENTALS OF THE RULE OF LAW IN THE SCIENTIFIC WORK OF CICERO

Abstract

The article studies Cicero’s position on the state as the property of the people, and where the people are united not only physically, but also by an agreement on law and common interests. The unification of people comes from the natural need of people to live together, as people avoid loneliness and seek communication. At the same time, he emphasized that a nation is not just a collection of people, but a community united by justice and common interests, governed by a common law and good. The article examines Cicero’s views on the analysis of three forms of government: royalty, government of the optimists and democracy, with his subsequent conclusion that each type of state has its own shortcomings and therefore it is impossible to determine the best. In tsarist power, other people are excluded from making decisions that depend solely on the will of the ruler. At the same time, the thinker reflects on the negative impact of the rule of optimists on the people by depriving them of power and participation in the governance of the state. The author shows Cicero’s opinion that the state in this case cannot be considered a proper state, and the rule of optimists does not meet either the interests of the people or the general principle of the rule of law. In a democracy, Cicero emphasizes the injustice of equality, since there are no steps in social status. It is emphasized that the thinker gives priority to the modern Roman state as the fourth type of state system, which combines the advantages of the other three types. He considers this new type to be the most favorable due to the balanced combination of various elements and the observance of a fair measure. It is noted that Cicero identifies tyranny as the greatest problem in any form of government. He characterizes a tyrant as a person who seeks power and oppresses the people. The author analyzes Cicero’s position that reason, prudence, thinking and prudence are the highest qualities that dominate everything. He believed that the nature of the world is determined by reason, and the divine mind governs both gods and people, calling for good and avoiding evil. Cicero’s idea that law is determined by nature, not by people through decisions or courts, is reflected. The law cannot violate the natural order or determine good from evil. Cicero noted the difference between the heavenly law, based on divine reason, and human-made regulations that are not capable of guiding people to do what is right. The law should aim at the good of citizens and the state, and maintain the peace and happiness of people.