entitled to the largest share; and if it
is refused him, he very naturally takes it by force. From this to the
assumption of the right of property in all things, it is but one step.
Such was justice in the heroic age, preserved, at least by tradition,
among the Greeks and Romans down to the last days of their republics.
Plato, in the "Gorgias," introduces a character named Callicles, who
spiritedly defends the right of the strongest, which Socrates, the
advocate of equality, {GREEK g e }, seriously refutes. It is related
of the great Pompey, that he blushed easily, and, nevertheless, these
words once escaped his lips: "Why should I respect the laws, when I have
arms in my hand?" This shows him to have been a man in whom the moral
sense and ambition were struggling for the mastery, and who sought to
justify his violence by the motto of the hero and the brigand.
From the right of the strongest springs the exploitation of man by
man, or bondage; usury, or the tribute levied upon the conquered by the
conqueror; and the whole numerous family of taxes, duties, monarchical
prerogatives, house-rents, farm-rents, &c.; in one word,--property.
Force was followed by artifice, the second manifestation of justice,
which was detested by the ancient heroes, who, not excelling in that
direction, were heavy losers by it. Force was still employed, but mental
force instead of physical. Skill in deceiving an enemy by treacherous
propositions seemed deserving of reward; nevertheless, the strong always
prided themselves upon their honesty. In those days, oaths were observed
and promises kept according to the letter rather than the spirit: _Uti
lingua nuncupassit, ita jus esto_,--"As the tongue has spoken, so must
the right be," says the law of the Twelve Tables. Artifice, or rather
perfidy, was the main element in the politics of ancient Rome. Among
other examples, Vico cites the following, also quoted by Montesquieu:
The Romans had guaranteed to the Carthaginians the preservation of their
goods and their CITY,--intentionally using the word civitas, that is,
the society, the State; the Carthaginians, on the contrary, understood
them to mean the material city, urbs, and accordingly began to rebuild
their walls. They were immediately attacked on account of their
violation of the treaty, by the Romans, who, acting upon the old
heroic idea of right, did not imagine that, in taking advantage of an
equivocation to surprise their enemies, they
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