Patience, a Great Part of Justice

Pliny, Letters 6.2 to Maturus Arrianus

“Surely, when ever I am judging a case—a thing which I do more frequently than I speak in one—I grant however much time anyone requests. For I think it rather intemperate to prophesy how much space an unheard case requires and to declare an end to business of an unknown kind especially when a judge owes patience first to his his sacred duty.  This is a great part of justice.

Ok, that’s enough and these things which have been said are not necessary to say. Nevertheless, you aren’t able to figure out what is superfluous unless you hear it.”

Equidem quotiens iudico, quod vel saepius facio quam dico, quantum quis plurimum postulat aquae do. Etenim temerarium existimo divinare quam spatiosa sit causa inaudita, tempusque negotio finire cuius modum ignores, praesertim cum primam religioni suae iudex patientiam debeat, quae pars magna iustitiae est. At quaedam supervacua dicuntur. Etiam: sed satius est et haec dici quam non dici necessaria. Praeterea, an sint supervacua, nisi cum audieris scire non possis.

We Don’t Have Justice, But We Still have Hope

Theognis, Elegies 1135-1150

“Hope is the only noble god left among mortals:
The rest of have abandoned us to go to Olympos.
Trust, a great god, left; Prudence has left men.
The Graces, my friend, have surrendered the earth.

Oaths in a court of law can no longer be trusted;
And no one fears shame before the immortal gods
As the race of righteous men has disappeared.
People no longer recognize precedents or sacred duties.

But as long as someone lives and sees the light of the sun,
Let him foster Hope and act righteously before the gods.
Let him pray to the gods and, while burning shining thigh bones,
Sacrifice to Hope first and last.

And let each person always look out for the crooked word of unjust men:
Those men who do not fear the rage of the gods at all,
Who forever conspire in their thoughts against others’ property,
Men who make shameful agreements for future evil deeds.”

᾿Ελπὶς ἐν ἀνθρώποισι μόνη θεὸς ἐσθλὴ ἔνεστιν,
ἄλλοι δ’ Οὔλυμπόν<δ’> ἐκπρολιπόντες ἔβαν·
ὤιχετο μὲν Πίστις, μεγάλη θεός, ὤιχετο δ’ ἀνδρῶν
Σωφροσύνη, Χάριτές τ’, ὦ φίλε, γῆν ἔλιπον·
ὅρκοι δ’ οὐκέτι πιστοὶ ἐν ἀνθρώποισι δίκαιοι,
οὐδὲ θεοὺς οὐδεὶς ἅζεται ἀθανάτους.
εὐσεβέων δ’ ἀνδρῶν γένος ἔφθιτο, οὐδὲ θέμιστας
οὐκέτι γινώσκουσ’ οὐδὲ μὲν εὐσεβίας.
ἀλλ’ ὄφρα τις ζώει καὶ ὁρᾶι φῶς ἠελίοιο,
εὐσεβέων περὶ θεοὺς ᾿Ελπίδα προσμενέτω·
εὐχέσθω δὲ θεοῖσι, καὶ ἀγλαὰ μηρία καίων
᾿Ελπίδι τε πρώτηι καὶ πυμάτηι θυέτω.
φραζέσθω δ’ ἀδίκων ἀνδρῶν σκολιὸν λόγον αἰεί,
οἳ θεῶν ἀθανάτων οὐδὲν ὀπιζόμενοι
αἰὲν ἐπ’ ἀλλοτρίοις κτεάνοισ’ ἐπέχουσι νόημα,
αἰσχρὰ κακοῖσ’ ἔργοις σύμβολα θηκάμενοι.

 

Not Exactly the Serenity Prayer…

Solon, Fr. 13. 1–8

“Glorious children of Olympian Zeus and Memory
Pierian Muses, hear me as I pray.
Grant me happiness from the blessed gods and possession
Of a good reputation among all people forever.
In this may I be sweet to my friends and bitter to my enemies,
Revered by the former and terrible for the latter to see.
I long to have money, but I do not want to obtain it
Unjustly—punishment inevitably comes later.

Μνημοσύνης καὶ Ζηνὸς ᾿Ολυμπίου ἀγλαὰ τέκνα,
Μοῦσαι Πιερίδες, κλῦτέ μοι εὐχομένωι·
ὄλβον μοι πρὸς θεῶν μακάρων δότε, καὶ πρὸς ἁπάντων
ἀνθρώπων αἰεὶ δόξαν ἔχειν ἀγαθήν·
εἶναι δὲ γλυκὺν ὧδε φίλοις, ἐχθροῖσι δὲ πικρόν,
τοῖσι μὲν αἰδοῖον, τοῖσι δὲ δεινὸν ἰδεῖν.
χρήματα δ’ ἱμείρω μὲν ἔχειν, ἀδίκως δὲ πεπᾶσθαι
οὐκ ἐθέλω· πάντως ὕστερον ἦλθε δίκη.

Fragmentary Friday Finale: Theognis on the Evil Man’s Justice

Theognis, 279-282

“It is fitting that an evil man have an evil understanding of justice
And no concern for any criticism to come.
For a wicked man many crimes are ready,
And he thinks that everything he does is good.”

εἰκὸς τὸν κακὸν ἄνδρα κακῶς τὰ δίκαια νομίζειν,
μηδεμίαν κατόπισθ᾿ ἁζόμενον νέμεσιν·
δειλῷ γάρ τ᾿ ἀπάλαμνα βροτῷ πάρα πόλλ᾿ἀνελέσθαι
πὰρ ποδός, ἡγεῖσθαί θ᾿ ὡς καλὰ πάντα τιθεῖ.

Theognis, 319-322

“Kurnos, a good man’s judgment is always firm
And he is constant in both bad times and good ones.
But if a god grants life and wealth to a wicked man,
He cannot refrain from evil because of his stupidity.”

Κύρν᾿, ἀγαθὸς μὲν ἀνὴρ γνώμην ἔχει ἔμπεδον αἰεί,
τολμᾷ δ᾿ ἔν τε κακοῖς κείμενος ἔν τ᾿ ἀγαθοῖς·
εἰ δὲ θεὸς κακῷ ἀνδρὶ βίον καὶ πλοῦτον ὀπάσσῃ,
ἀφραίνων κακίην οὐ δύναται κατέχειν.

Truth, Lies and Corrupt Judges

Latin Inscriptions, Sortes 3-19.iv

“Don’t allow lies to arise from the truth thanks to a false judge.”

De vero falsa ne fiant | iudice falso.

Hesiod, Works and Days 217-229

“Oath runs right alongside crooked judgments.
But a roar comes from Justice as she is dragged where
bribe-devouring men lead when they apply laws with crooked judgments.
She attends the city and the haunts of the hosts
weeping and cloaked in mist, bringing evil to men
who drive her out and do not practice righteous law.
For those who give fair judgments to foreigners and citizens
and who do not transgress the law in any way,
cities grow strong, and the people flourish within them;
A child-nourishing peace settles on the land, and never
Does wide-browed Zeus sound the sign of harsh war.”

αὐτίκα γὰρ τρέχει ῞Ορκος ἅμα σκολιῇσι δίκῃσιν·
τῆς δὲ Δίκης ῥόθος ἑλκομένης ᾗ κ’ ἄνδρες ἄγωσι
δωροφάγοι, σκολιῇς δὲ δίκῃς κρίνωσι θέμιστας·
ἣ δ’ ἕπεται κλαίουσα πόλιν καὶ ἤθεα λαῶν,
ἠέρα ἑσσαμένη, κακὸν ἀνθρώποισι φέρουσα,
οἵ τέ μιν ἐξελάσωσι καὶ οὐκ ἰθεῖαν ἔνειμαν.
οἳ δὲ δίκας ξείνοισι καὶ ἐνδήμοισι διδοῦσιν
ἰθείας καὶ μή τι παρεκβαίνουσι δικαίου,
τοῖσι τέθηλε πόλις, λαοὶ δ’ ἀνθεῦσιν ἐν αὐτῇ·
εἰρήνη δ’ ἀνὰ γῆν κουροτρόφος, οὐδέ ποτ’ αὐτοῖς
ἀργαλέον πόλεμον τεκμαίρεται εὐρύοπα Ζεύς·

Publilius Syrus, Sententiae 697

“A Judge judges himself as much as the defendant”

Tam de se iudex iudicat quam de reo

Hesiod, Works and Days 256-273

Justice is a maiden who was born from Zeus.
The gods who live on Olympus honor her
and whenever someone wrongs her by bearing false witness
she sits straightaway at the feet of Zeus, Kronos’ son
and tells him the plans of unjust men so that the people
will pay the price of the wickedness of kings who make murderous plans
and twist her truth by proclaiming false judgments.
Keep these things in mind, bribe-swallowing kings:
whoever wrongs another also wrongs himself;
an evil plan is most evil for the one who makes it.
The eye of Zeus sees everything and knows everything
and even now, if he wishes, will look on us and not miss
what kind of justice the walls of our city protects.
Today, I wouldn’t wish myself to be a just man among men
nor my son, since it bad to be a just man
If anyone who is more unjust has greater rights.
But I hope that Zeus, the counselor, will not let this happen.”

ἡ δέ τε παρθένος ἐστὶ Δίκη, Διὸς ἐκγεγαυῖα,
κυδρή τ’ αἰδοίη τε θεοῖς οἳ ῎Ολυμπον ἔχουσιν,
καί ῥ’ ὁπότ’ ἄν τίς μιν βλάπτῃ σκολιῶς ὀνοτάζων,
αὐτίκα πὰρ Διὶ πατρὶ καθεζομένη Κρονίωνι
γηρύετ’ ἀνθρώπων ἀδίκων νόον, ὄφρ’ ἀποτείσῃ
δῆμος ἀτασθαλίας βασιλέων οἳ λυγρὰ νοεῦντες
ἄλλῃ παρκλίνωσι δίκας σκολιῶς ἐνέποντες.
ταῦτα φυλασσόμενοι, βασιλῆς, ἰθύνετε μύθους,
δωροφάγοι, σκολιέων δὲ δικέων ἐπὶ πάγχυ λάθεσθε.
οἷ αὐτῷ κακὰ τεύχει ἀνὴρ ἄλλῳ κακὰ τεύχων,
ἡ δὲ κακὴ βουλὴ τῷ βουλεύσαντι κακίστη.
πάντα ἰδὼν Διὸς ὀφθαλμὸς καὶ πάντα νοήσας
καί νυ τάδ’, αἴ κ’ ἐθέλῃσ’, ἐπιδέρκεται, οὐδέ ἑ λήθει
οἵην δὴ καὶ τήνδε δίκην πόλις ἐντὸς ἐέργει.
νῦν δὴ ἐγὼ μήτ’ αὐτὸς ἐν ἀνθρώποισι δίκαιος
εἴην μήτ’ ἐμὸς υἱός, ἐπεὶ κακὸν ἄνδρα δίκαιον
ἔμμεναι, εἰ μείζω γε δίκην ἀδικώτερος ἕξει.
ἀλλὰ τά γ’ οὔπω ἔολπα τελεῖν Δία μητιόεντα.

Quintilian, Declamation 388

“If there was a bad judgment, then there was something the judge was afraid of”

Si male iudicatum est, fuit aliquid quod iudex timeret.

“The Leaders have Changed”: Theognis, Just Like Us

Theognis, Elegies 39–52

“Kyrnos, this city is pregnant and I am afraid she will bear a man
Meant to correct our evil arrogance.
The citizens are still sane, but the leaders have changed
And have fallen into great evil.

Good people, Kyrnos, have never yet destroyed a city,
But whenever it pleases wicked men to commit outrage,
They corrupt the people and issue legal judgment in favor of the unjust,
For the sake of their own private profit and power.

Don’t expect this city to stay peaceful for very long
Even if it is not at a moment of great peace now,
When these deeds are dear to evil men,
As their profit accrues with public harm.

Civil conflicts and murder of kin comes from this,
And tyrants do too: may this never bring our city pleasure.”

Κύρνε, κύει πόλις ἥδε, δέδοικα δὲ μὴ τέκηι ἄνδρα
εὐθυντῆρα κακῆς ὕβριος ἡμετέρης.
ἀστοὶ μὲν γὰρ ἔθ’ οἵδε σαόφρονες, ἡγεμόνες δέ
τετράφαται πολλὴν εἰς κακότητα πεσεῖν.
οὐδεμίαν πω, Κύρν’, ἀγαθοὶ πόλιν ὤλεσαν ἄνδρες,
ἀλλ’ ὅταν ὑβρίζειν τοῖσι κακοῖσιν ἅδηι
δῆμόν τε φθείρουσι δίκας τ’ ἀδίκοισι διδοῦσιν
οἰκείων κερδέων εἵνεκα καὶ κράτεος·
ἔλπεο μὴ δηρὸν κείνην πόλιν ἀτρεμέ’ ἧσθαι,
μηδ’ εἰ νῦν κεῖται πολλῆι ἐν ἡσυχίηι,
εὖτ’ ἂν τοῖσι κακοῖσι φίλ’ ἀνδράσι ταῦτα γένηται,
κέρδεα δημοσίωι σὺν κακῶι ἐρχόμενα.
ἐκ τῶν γὰρ στάσιές τε καὶ ἔμφυλοι φόνοι ἀνδρῶν·
μούναρχοι δὲ πόλει μήποτε τῆιδε ἅδοι.

Image result for ancient greece megara ruins

In Honor of Labor Day: Collective Action and the Maturation of Rome

Livy 2.32 Secessio Plebis, 449 BCE

“A fear overcame the senators that if the army were dismissed, then secret assemblies and conspiracies would arise. And thus, even though the draft was made by a dictator—because they had sworn a consular oath they were still believed to beheld by this sacrament—they ordered the legions to depart the city on the grounds that the war had been renewed by the Aequi. This deed accelerated the rebellion.

At first, there was some interest in the murder of the consuls (to absolve them of their obligation); but when they then learned that no crime would release them from their oath, they seceded on to the Sacred Mount across the Anio river, which is three miles from the city, on the advice of a man named Sicinus.  This story is more common than the one which Piso offers—that the secession was made upon the Aventine hill.

There, the camp was fortified without any leader with a trench and wall quietly, as they took nothing unless it was necessary for their food for several days and neither offended anyone nor took offense. But there was a major panic in the city and because of mutual fear all activities were suspended. Those left behind feared violence from the senators because they were abandoned by their own class; and the senators were fearing the plebians who remained in the city because they were uncertain whether they stayed there or preferred to leave. How long could a mass of people who had seceded remain peaceful? What would happen after this if there were an external threat first? There was certainly no home left unless they could bring the people into harmony; and it was decided they must reconcile the state by just means or unjust.”

  1. timor inde patres incessit ne, si dimissus exercitus foret, rursus coetus occulti coniurationesque fierent. itaque quamquam per dictatorem dilectus habitus esset, tamen quoniam in consulum uerba iurassent sacramento teneri militem rati, per causam renouati ab Aequis belli educi ex urbe legiones iussere. [2] quo facto maturata est seditio. et primo agitatum dicitur de consulum caede, ut soluerentur sacramento; doctos deinde nullam scelere religionem exsolui, Sicinio quodam auctore iniussu consulum in Sacrum montem secessisse. trans Anienem amnem est, tria ab urbe milia passuum. [3] ea frequentior fama est quam cuius Piso auctor est, in Auentinum secessionem factam esse. [4] ibi sine ullo duce uallo fossaque communitis castris quieti, rem nullam nisi necessariam ad uictum sumendo, per aliquot dies neque lacessiti neque lacessentes sese tenuere. [5] pauor ingens in urbe, metuque mutuo suspensa erant omnia. timere relicta ab suis plebis uiolentiam patrum; timere patres residem in urbe plebem, incerti manere eam an abire mallent: [6] quamdiu autem tranquillam quae secesserit multitudinem fore? quid futurum deinde si quod externum interim bellum exsistat? [7] nullam profecto nisi in concordia ciuium spem reliquam ducere; eam per aequa, per iniqua reconciliandam ciuitati esse.

The secessio plebis was repeated at key times in Roman history and became a fundamental instrument to force the ruling (and moneyed/landed) class to make political compromises with the larger number of citizen soldiers upon whom the city (and the Republic) depended for its safety (and, really, existence). Modern labor strikes are not directly related to this Roman action–they developed with the rise of the Industrial state. In a short analogy, labor is to capital as the army was to the Roman state.

Labor unions are, in my ever so humble opinion, probably the last possible bulwark against not just the corporatization of higher education but also against the completion of our anglo-american metamorphoses in to technology-driven plutocracies. (And it may be too late.) But I take the limited coverage in our presses as a sign that such subjects are threatening to the very media corporations that deny collective bargaining to their ‘workers’ in the gig economy. 

Caesar, Civil War 1.7.5-7

“Whenever in the past the senate has made a decree asking officers to make sure that the republic meet no harm—and in this wording the senatus consultum is also a call to arms for the Roman people—it has been made under the condition of evil laws, a violent tribune, or during a secession of the plebs when they had occupied the temples and mounts. [Caesar] explained that these examples from an earlier age were paid for with the fates of Saturninus and the Gracchi. (At that time none of these things were done or even considered. No law was suggested; no assembly was called; no secession was made.)

quotienscumque sit decretum darent operam magistratus ne quid res publica detrimenti caperet, qua voce et quo senatus consulto populus Romanus ad arma sit vocatus, factum in perniciosis legibus, in vi tribunicia, in secessione populi, templis locisque editioribus occupatis. 6Atque haec superioris aetatis exempla expiata Saturnini atque Gracchorum casibus docet. (Quarum rerum illo tempore nihil factum, ne cogitatum quidem. Nulla lex promulgata, non cum populo agi coeptum, nulla secessio facta.)

Cicero, Republic II.58

“For that very principle which I introduced at the beginning is this: unless there is equal access in a state to laws, offices, and duties so that the magistrates have sufficient power, the plans of the highest citizens have enough authority, and the people have enough freedom, the state cannot be guarded against revolution. For when our state was troubled by debt, the plebeians first occupied the Sacred Mount and then the Aventine.”

Id enim tenetote, quod initio dixi, nisi aequabilis haec in civitate conpensatio sit et iuris et officii et muneris, ut et potestatis satis in magistratibus et auctoritatis in principum consilio et libertatis in populo sit, non posse hunc incommutabilem rei publicae conservari statum. nam cum esset ex aere alieno commota civitas, plebs montem sacrum prius, deinde Aventinum occupavit.

 

Cicero, Republic II.63

“Therefore, because of the injustice of these men [the decemviri], there was the largest rebellion and the whole state was transformed. For those rulers had created two tables of laws which included most inhumanely, a law against plebeians wedding patricians, even though marriage between different nationalities is permitted! This law was later voided by the plebeian Canuleian Decree. The [decemviri also pursued their own pleasure harshly and greedily in every exercise of power over the people.”

ergo horum ex iniustitia subito exorta est maxima perturbatio et totius commutatio rei publicae; qui duabus tabulis iniquarum legum additis, quibus, etiam quae diiunctis populis tribui solent conubia, haec illi ut ne plebei cum patribus1 essent, inhumanissima lege sanxerunt, quae postea plebei scito Canuleio abrogata est, libidinoseque omni imperio et acerbe et avare populo praefuerunt.

Here is the opening summary from Brill’s New Pauly on the secessio plebis (2006: von Ungern-Sternberg, Jürgen)

“Roman tradition terms as secessio (from Latin secedere, ‘to go away, to withdraw’) the remonstrative exodus of the Roman plebeians from the urban area delimited by the pomerium on to a neighbouring hill. This action was on a number of occasions the culmination of confrontation between the patricians ( patricii ) and the plebs . The first secessio in particular may have been instrumental in the formation of a self-conscious plebeian community under the leadership of at first two, later apparently five people’s tribunes ( tribunus plebis ), to whose protection all plebeians committed themselves by a lex sacrata (‘law subject to the sanction of execration’)”

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Arrogant, Lawless and Abnormal: Judging Homer’s Kyklôpes

Earlier we posted about the ancient debate of whether or not the Kyklôpes only had a single eye. Here is a longer post about Homer’s depiction of their character and customs.

Homer, Odyssey 105–115

“From there we went on sailing, even though our hearts were pained,
To the land of the overbearing, lawless Kyklôpes
Who especially rely on the immortal gods
And do not grow plants or plow the land
But everything grows for them, unplanted and unplowed:
The grain, barley and vines which bear
Thick wine, and Zeus’ rain makes them grow.
They don’t have council-bringing assemblies nor laws,
But they inhabit the peaks of high mountains
In their hollow caves, and each governs his
Children and wives—they do not care for one another.”

ἔνθεν δὲ προτέρω πλέομεν ἀκαχήμενοι ἦτορ.
Κυκλώπων δ’ ἐς γαῖαν ὑπερφιάλων ἀθεμίστων
ἱκόμεθ’, οἵ ῥα θεοῖσι πεποιθότες ἀθανάτοισιν
οὔτε φυτεύουσιν χερσὶν φυτὸν οὔτ’ ἀρόωσιν,
ἀλλὰ τά γ’ ἄσπαρτα καὶ ἀνήροτα πάντα φύονται,
πυροὶ καὶ κριθαὶ ἠδ’ ἄμπελοι, αἵ τε φέρουσιν
οἶνον ἐριστάφυλον, καί σφιν Διὸς ὄμβρος ἀέξει.
τοῖσιν δ’ οὔτ’ ἀγοραὶ βουληφόροι οὔτε θέμιστες,
ἀλλ’ οἵ γ’ ὑψηλῶν ὀρέων ναίουσι κάρηνα
ἐν σπέεσι γλαφυροῖσι, θεμιστεύει δὲ ἕκαστος
παίδων ἠδ’ ἀλόχων, οὐδ’ ἀλλήλων ἀλέγουσι.

Image result for Ancient Greek sculpture Cyclops

Schol. ad Od. 9.106 31-58 (Some of which is attributed to Porphyry)

Overbearing, lawless: The phrase has double significance: the great size of their bodies and the lawlessness of not following customs. For they say that “Each one governs his own children and wives”. For if they were lawless instead of unjust, how would he add “they rely on the gods”? But, then, someone might add how Polyphemos says “the Kyklôpes don’t care about aegis-bearing Zeus”. We should, of course, consider the proposal that it comes from Polyphemos, the flesh-eating, beast.  Hesiod also says “[Zeus] made it right for fish, beast and birds to eat one another because they do not have justice. Justice he gave to men” [see below]. Thus he depicts only Polyphemos as arrogant and unjust, while the rest of the other Kyklôpes are righteous, just people who obey the gods. This is why the earth gives them crops of its own accord.”

ὑπερφιάλων ἀθεμίστων] ἢ τῶν μεγαλοφυῶν τῷ σώματι, τῶν δισήμων γὰρ ἡ λέξις, ἀθεμίστων δὲ τῶν νόμοις μὴ χρωμένων· φησὶ γὰρ “θεμιστεύει δὲ ἕκαστος παίδων ἠδ’ ἀλόχων.” εἰ γὰρ ἦν ἀθεμίστων ἀντὶ τοῦ ἀδίκων, πῶς λέγει “οἵ ῥα θεοῖσι πεποιθότες;” εἰ δ’ εἴπῃ τις, καὶ πῶς ὁ Πολύφημός φησιν “οὐ Κύκλωπες Διὸς αἰγιόχου ἀλέγουσι,” (275.) σκοπείτω τὸ πρόσωπον, ὅτι Πολυφήμου ἐστὶ  τοῦ ὠμοφάγου καὶ θηριώδους. καὶ ῾Ησίοδος “ἰχθύσι μὲν καὶ θηρσὶ καὶ οἰωνοῖσι πετεινοῖς ἔσθειν ἀλλήλους, ἐπεὶ οὐ δίκη ἐστὶν ἐν αὐτοῖς, ἀνθρώποισι δ’ ἔδωκε δίκην.” ὥστε Πολύφημον μόνον λέγει ὑπερήφανον καὶ ἄδικον, τοὺς δὲ λοιποὺς πάντας Κύκλωπας εὐσεβεῖς καὶ δικαίους καὶ πεποιθότας τοῖς θεοῖς, ὅθεν καὶ ἀνῆκεν αὐτοῖς αὐτομάτως ἡ γῆ τοὺς καρπούς. H.

“When he claims that the Kyklôpes are arrogant, lawless and abnormal, how can [the poet] claim that they have good things from the gods freely? We must concede that they are “overbearing” because of the excessive size of their bodies, that they are “lawless”, because that do now use an established law but govern through their individual private interest: “each governs his own children and wife”, which is a sign of lawlessness. And Antisthenes says that only Polyphemos is unjust. For this one is even dismissive of Zeus. Therefore, the rest are just. For this reason, the earth provides to them everything of its own accord. And it is their just task not to work it. But they face violence violently, for “they attacked them” just as the giants.” “and who ruled as king of the arrogant giants” and, the fact that Phaeacians were forced to move because they were harmed by them.”

πῶς ὑπερφιάλους καὶ ἀθεμίστους καὶ παρανόμους εἰπὼν τοὺς Κύκλωπας ἄφθονα παρὰ θεῶν αὐτοῖς ὑπάρχειν λέγει τὰ ἀγαθά; ῥητέον οὖν ὅτι ὑπερφιάλους μὲν διὰ τὴν ὑπεροχὴν τοῦ σώματος, ἀθεμίστους δὲ τοὺς μὴ νόμῳ χρωμένους ἐγγράφῳ διὰ τὸ ἕκαστον ἴδιον ἄρχεσθαι· “θεμιστεύει δὲ ἕκαστος παίδων ἠδ’ ἀλόχου” (115), ὅπερ ἀνομίας σημεῖον. ᾿Αντισθένης δέ φησιν ὅτι μόνον τὸν Πολύφημον εἶναι ἄδικον· καὶ γὰρ οὗτος τοῦ Διὸς ὑπερόπτης ἐστίν.  οὐκοῦν οἱ λοιποὶ δίκαιοι· διὰ τοῦτο γὰρ καὶ τὴν γῆν αὐτοῖς τὰ πάντα ἀναδιδόναι αὐτόματον, καὶ τὸ μὴ ἐργάζεσθαι αὐτὴν δίκαιον ἔργον ἐστίν. ἀλλ’ ἔμπροσθεν βιαίως βιαίους, “οἵ σφεας σινέσκοντο” (Od. ζ, 6), ὥσπερ καὶ τοὺς Γίγαντας· “ὅσπερ ὑπερθύμοισι Γιγάντεσσιν βασίλευεν” (Od. η, 59), ὥσπερ καὶ τοὺς Φαίακας βλαπτομένους ὑπ’ αὐτῶν μεταναστῆναι. T.

“The Kyklôpes are just except for Polyphemos. The mention of their “overbearing” character is about their size; their “lawlessness” is due to the fact that they each privately govern their wives and children. How then did they also bring grief to the Phaeacians? It is because of the lawlessness of their state.”

δίκαιοι οὗτοι πλὴν Πολυφήμου. ὅθεν τὸ μὲν ὑπερφιάλων, νῦν μεγάλων, τὸ δὲ θεμίστων, μὴ ἐχόντων χρείαν νόμων διὰ τὸ θεμιστεύειν ἕκαστον παίδων ἠδ’ ἀλόχων. πῶς οὖν ἠδίκουν τοὺς Φαίακας καὶ ἐλύπουν (ζ, 5. 6.); διὰ τὸ ἀνόμοιον τῆς πολιτείας. V.

Hesiod, Works and Days 274-281

“Perses, put these thoughts in your mind
And heed justice, banish force altogether.
Kronos’ son assigned this right to human beings—
It is permitted for the fish, beasts and winged birds
To eat one another, since they don’t have justice.
But Kronos’ son gave humans, which is the best thing by far.
For if someone who understands argues cases publicly,
Wide-browed Zeus will grant him good fortune…”

῏Ω Πέρση, σὺ δὲ ταῦτα μετὰ φρεσὶ βάλλεο σῇσι
καί νυ δίκης ἐπάκουε, βίης δ’ ἐπιλήθεο πάμπαν.
τόνδε γὰρ ἀνθρώποισι νόμον διέταξε Κρονίων,
ἰχθύσι μὲν καὶ θηρσὶ καὶ οἰωνοῖς πετεηνοῖς
ἔσθειν ἀλλήλους, ἐπεὶ οὐ δίκη ἐστὶ μετ’ αὐτοῖς·
ἀνθρώποισι δ’ ἔδωκε δίκην, ἣ πολλὸν ἀρίστη
γίνεται· εἰ γάρ τίς κ’ ἐθέλῃ τὰ δίκαι’ ἀγορεῦσαι
γινώσκων, τῷ μέν τ’ ὄλβον διδοῖ εὐρύοπα Ζεύς·

Fragmentary Friday: Just Lust, Experience, and Shame–More from Democritus

Fr. 72

“Extreme desires about one thing blind the soul to others.”

αἱ περί τι σφοδραὶ ὀρέξεις τυφλοῦσιν εἰς τἆλλα τὴν ψυχήν.

Fr. 73

“Just lust is longing for noble things without arrogance.”

δίκαιος ἔρως ἀνυβρίστως ἐφίεσθαι τῶν καλῶν

Fr. 74

“It is sweet to receive nothing unless it brings advantage.”

ἡδὺ μηδὲν ἀποδέχεσθαι, ἢν μὴ συμφέρηι.

Fr. 75

“It is better for the witless to be ruled than to rule”

κρέσσον ἄρχεσθαι τοῖς ἀνοήτοισιν ἢ ἄρχειν

Fr. 76

“Children have no reason, but experience is their teacher”

νηπίοισιν οὐ λόγος, ἀλλὰ ξυμφορὴ γίνεται διδάσκαλος.

Fr. 77

“Fame and wealth without understanding are not stable possessions.”

δόξα καὶ πλοῦτος ἄνευ ξυνέσιος οὐκ ἀσφαλέα κτήματα

Fr. 78

“It is not pointless to acquire wealth but it is more evil than anything to get it from injustice.”

χρήματα πορίζειν μὲν οὐκ ἀχρεῖον, ἐξ ἀδικίης δὲ πάντων κάκιον

Fr. 79

“It is hard for evil people to imitate the good when they are not willing.”

χαλεπὸν μιμεῖσθαι μὲν τοὺς κακούς, μηδὲ ἐθέλειν δὲ τοὺς ἀγαθούς.

Fr. 80

“It is shameful for one who meddles in the business of others to be ignorant about his own.”

αἰσχρὸν τὰ ὀθνεῖα πολυπραγμονέοντα ἀγνοεῖν τὰ οἰκήϊα.

Fr. 81

“Continuous delay renders deeds incomplete.”

τὸ ἀεὶ μέλλειν ἀτελέας ποιεῖ τὰς πρήξιας

Fr. 82

“Those who are deceitful and seem good in all things in word, do nothing in action.”

κίβδηλοι καὶ ἀγαθοφανέες οἱ λόγωι μὲν ἅπαντα, ἔργωι δὲ οὐδὲν ἔρδοντες.

Fr. 83

“Fortunate is one who has wealth and a mind—for he uses them well for what is necessary.”

μακάριος, ὃς οὐσίαν καὶ νοῦν ἔχει· χρῆται γὰρ εἰς ἃ δεῖ καλῶς.

Fr. 84

“Ignorance of what is better is the cause of error”

ἁμαρτίης αἰτίη ἡ ἀμαθίη τοῦ κρέσσονος.

Collective Action and the Maturation of the Roman Republic

Livy 2.32 Secessio Plebis, 449 BCE

“A fear overcame the senators that if the army were dismissed, then secret assemblies and conspiracies would arise. And thus, even though the draft was made by a dictator—because they had sworn a consular oath they were still believed to beheld by this sacrament—they ordered the legions to depart the city on the grounds that the war had been renewed by the Aequi. This deed accelerated the rebellion.

At first, there was some interest in the murder of the consuls (to absolve them of their obligation); but when they then learned that no crime would release them from their oath, they seceded on to the Sacred Mount across the Anio river, which is three miles from the city, on the advice of a man named Sicinus.  This story is more common than the one which Piso offers—that the secession was made upon the Aventine hill.

There, the camp was fortified without any leader with a trench and wall quietly, as they took nothing unless it was necessary for their food for several days and neither offended anyone nor took offense. But there was a major panic in the city and because of mutual fear all activities were suspended. Those left behind feared violence from the senators because they were abandoned by their own class; and the senators were fearing the plebians who remained in the city because they were uncertain whether they stayed there or preferred to leave. How long could a mass of people who had seceded remain peaceful? What would happen after this if there were an external threat first? There was certainly no home left unless they could bring the people into harmony; and it was decided they must reconcile the state by just means or unjust.”

  1. timor inde patres incessit ne, si dimissus exercitus foret, rursus coetus occulti coniurationesque fierent. itaque quamquam per dictatorem dilectus habitus esset, tamen quoniam in consulum uerba iurassent sacramento teneri militem rati, per causam renouati ab Aequis belli educi ex urbe legiones iussere. [2] quo facto maturata est seditio. et primo agitatum dicitur de consulum caede, ut soluerentur sacramento; doctos deinde nullam scelere religionem exsolui, Sicinio quodam auctore iniussu consulum in Sacrum montem secessisse. trans Anienem amnem est, tria ab urbe milia passuum. [3] ea frequentior fama est quam cuius Piso auctor est, in Auentinum secessionem factam esse. [4] ibi sine ullo duce uallo fossaque communitis castris quieti, rem nullam nisi necessariam ad uictum sumendo, per aliquot dies neque lacessiti neque lacessentes sese tenuere. [5] pauor ingens in urbe, metuque mutuo suspensa erant omnia. timere relicta ab suis plebis uiolentiam patrum; timere patres residem in urbe plebem, incerti manere eam an abire mallent: [6] quamdiu autem tranquillam quae secesserit multitudinem fore? quid futurum deinde si quod externum interim bellum exsistat? [7] nullam profecto nisi in concordia ciuium spem reliquam ducere; eam per aequa, per iniqua reconciliandam ciuitati esse.

The secessio plebis was repeated at key times in Roman history and became a fundamental instrument to force the ruling (and moneyed/landed) class to make political compromises with the larger number of citizen soldiers upon whom the city (and the Republic) depended for its safety (and, really, existence). Modern labor strikes are not directly related to this Roman action–they developed with the rise of the Industrial state. In a short analogy, labor is to capital as the army was to the Roman state.

In the US educational trade presses and general news media there has been an appalling lack of coverage of the massive labor strike ongoing in higher education in the UK. This action may turn out to be one of the most important collective labor actions in the English speaking world in over a generation. It comes at a time when educators in the US have also pursued collective action (West Virginia, with other states considering following suit); it also comes after more than a decade of rapid and radical change to higher education in the UK.

Labor unions are, in my ever so humble opinion, probably the last possible bulwark against not just the corporatization of higher education but also against the completion of our anglo-american metamorphoses in to technology-driven plutocracies. (And it may be too late.) But I take the limited coverage in our presses as a sign that such subjects are threatening to the very media corporations that deny collective bargaining to their ‘workers’ in the gig economy. 

So, this Livy is in honor of all of our colleagues, students, friends, and teachers who are standing together in the UK for the #USS strike.

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