DE OFFICIIS (ON MORAL DUTIES)

      INTRODUCTION.

      There are two systems of ethical philosophy, which in every age divide speculative moralists, and are recognized with a more or less distinct consciousness in the conduct of life by all in whom the moral sense has attained mature development. They are, indeed, in different ages and by different writers stated more or less explicitly, in widely varying terminology, and with modifications from culture, religion, national character, and individual proclivities. They are, also, sometimes blended by an eclecticism which cannot wholly transcend the lower, yet feels the intense attraction of the higher sphere. One system is that which makes virtue a means; the other, that which makes it an end. According to the one, we are to practise virtue for the good that will come of it to ourselves or our fellow-beings; according to the other, we are to practise virtue for its own sake, for its intrinsic fitness and excellence, without reference to ulterior consequences, save when, and so far as, those consequences are essential factors in determining the intrinsic quality of the action.

      Of course, this general division admits of obvious subdivisions. The former system includes the selfish and the utilitarian theory of morals, — the selfish making the pursuit of our own happiness our duty, and adaptation to that end the sole standard of right; the utilitarian identifying virtue with benevolence, accounting the greatest good of the greatest number the supreme aim, and beneficent utility the ultimate standard of duty. The alternative system, according to which virtue is to be practised, not for what it does, but for what it is, includes, also, various definitions of virtue, according as its standard is deemed to be intrinsic fitness, accordance with the aesthetic nature, the verdict of the moral sense, or conformity to the will of God. These latter theories, widely as they differ, agree in representing the right as having a validity independent of circumstances and of human judgment, as unaffected by the time-and-place element, as possessed of characteristics connate, indelible, eternal; while the selfish and utilitarian schools alike represent it as mutable, dependent on circumstances, varying with time and place, and possessed of no attributes distinctively its own.

      In Cicero’s time the left and the right wing in ethical philosophy were represented by the Epicureans and the Stoics respectively, while the Peripatetics held a middle ground. The Epicureans regarded happiness — or, according to their founder, painlessness — as the sole aim and end of moral conduct, and thus resolved all virtue into prudence, or judicious self-love, — a doctrine which with such a disciple as Pliny the Younger identified virtue with the highest self-culture as alone conducive to the happiness of the entire selfhood, intellectual and spiritual as well as bodily; but with Horace and his like, and with Rousseau, who professed adherence to that school, afforded license and amnesty to the most debasing sensuality.

      The Stoics regarded virtue as the sole aim and end of life, and virtue is, in their philosophy, the conformity of the will and conduct to universal nature, — intrinsic fitness thus being the law and the criterion of the right. Complete conformity, or perfect virtue, is, according to this school, attainable only by the truly wise; and its earlier disciples, while by no means certain that this ideal perfectness had ever been realized in human form even by Zeno, the great master, yet admitted no moral distinction between those who fell but little short of perfection and those who had made no progress toward it. The later Stoics, however, recognized degrees of goodness, and were diligent expositors and teachers of the duties within the scope of those not truly wise, by the practice of which there might be an ever nearer approach to perfection. This philosophy was, from Cicero’s time till Christianity gained ascendency, the only antiseptic that preserved Roman society from utter and remediless corruption.

      The Peripatetic philosophy makes virtue to consist in moderation, or the avoidance of extremes, and places each of the individual virtues midway between opposite vices, as temperance between excess and asceticism; generosity between prodigality and avarice; meekness between irascibility and pusillanimity. It admits the reality of the intrinsically right as distinguished from the merely expedient or useful; but it maintains that happiness is the supreme object and end of life, and that for this end, virtue, though essential, is not sufficient without external goods, — so that the wisely virtuous man, while he will never violate the right, will pursue by all legitimate means such outward advantages as may be within his reach.

      The New Academy, whose philosophy was a blending of Platonism and Pyrrhonism, while it denied the attainableness of objective truth, maintained that on all subjects of speculative philosophy probability is attainable, and that wherever there is scope for action, the moral agent is bound to act in accordance with probability, — of two courses to pursue that for which the more and the better reasons can be given. The disciples of this school accepted provisionally the Peripatetic ethics.

      Cicero professed to belong to the New Academy, and its ethical position was in close accordance with his nature. Opinion rather than belief was his mental habit, — strong opinion, indeed, yet less than certainty. His instincts as an advocate — often induced by professional exigencies, not only to cast doubt on what he had previously affirmed, but with the ardor of one who threw himself with his whole soul