Noble Senators, we come here today to discuss the acta of the late Julius Caesar. This issue has many sides, and indeed, we ought to ask ourselves several questions before we proceed:
1) Can Caesar’s acta be interpreted independent of the illegitimacy of his rule?
2) What are the costs associated with enforcing the acta?
3) What are the costs of ignoring the acta?
4) What course of action will both ensure stability and hold true to the principles of the republic?
As regards our first question, I answer that we must recognize that not all laws passed by a tyrant are tyrannical in nature. Indeed, as we see in Plato’s Gorgias, the tyrant does what he sees fit, not what he wants. If his actions are directed by right reason, then they do have the force of just law. For as we know law must be in accordance with right reason for it to obtain any binding force. Therefore, I think that it is plaint that we may hold some of Caesar’s acta to be legitimate. However, we ought to make a distinction here. Recognizing the legitimacy of a law and recognizing the legitimacy of the sovereign who enacted it are two separate things. By recognizing the legitimacy of some of Caesar’s acta, we are not offering an acceptance of the legitimacy of Caesar’s rule.
However, as we have seen from recent historic example, not all of Caesars appointments were wise. I hardly think any among us would steadfastly maintain that appointing Dolabella or the young Octavian was in the best interest of the Republic. For this reason, I believe it is clear that the cost of having a blanket endorsement of the acta by the Senate would be very high indeed. It would be rash, conscript fathers, to not give the advice and consent of the Senate to confirm each of these appointments individually. We must ensure that we do not install into power men who seek private gain over the good of the Republic. By examining each of the acta on its own merit, we shall be able to ensure the safety of the Republic, both now and in the future.
But you may say “Panaetius, do we not risk alienating those who were expecting political office if we choose to deny it them?” Yes, conscript fathers, we run that risk, but would we rather have those men with the positions of power and influence? I think not, good Senators. Indeed many noble men appointed by Caesar are good, true Romans, and they are deserving of their appointments. Doubtless the Senate will be happy to maintain these assignments. Nevertheless, there are many of Caesar’s acta that are inimical to the interests of the Republic, and to enforce these blindly would be to hand our beloved country over to slavers. Therefore I say to you, oh conscript fathers, that the cost of alienating a few undeserving aristocrats is worth it, if only to avoid a far more terrible fate.
This being said, I find that the most prudent course of action currently lies in taking each of the acta in turn and approving or disapproving of them as the Senate sees fit. I feel that by this measure, we shall be able to avoid plunging our country into chaos, and also avoid handing our beloved Republic over to criminals.
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