De legibus (“On the Laws”) along with his earlier work, De re publica (“On the Republic”) show Cicero attempting to grapple with the nature of the Roman Republic and the prospect for reform. In a sense, De re publica looks backwards, with the discussion couched in a fictional dialogue set at the tail end of the life of Scipio Aemilianus (185-129 BC), although Cicero intends the subject – a rumination on the nature of the Republic and its proper workings, based on a discussion of its history – to be applicable in his own time.
De legibus is more aggressively forward looking. Set in Cicero’s own time (it is a dialogue between Cicero, his brother Quintus and their friend Atticus), De legibus first sets out a theory for the general foundation of law […] to use as the basis for a reformed model of the Roman Republic, which is summarized in the third book. Damage to the text means that De legibus cuts off in book three, and there are smaller gaps and fragments in the earlier books as well.
It’s important to get a sense of the situation in the 50s B.C. when Cicero is writing to understand why he feels this is necessary. The previous round of civil wars had ended in 82 B.C., with the victor, the arch-conservative L. Cornelius Sulla, imposing a revised republic with shocking brutality and bloodshed. By the 50s, it would have been clear to anyone paying attention that the peace and apparent stability of the Sullan reforms had been a mirage – the disruptions of the 60s (including the Catilinarian conspiracy, foiled by Cicero) were not one-offs, but merely the first rattlings of the wheels coming off the cart entirely. I don’t want to get too deep into the woods of how exactly this happened; there are any number of good books on the collapse of the Republic which deal with this period (Scullard’s From the Gracchi to Nero (1959) is a venerable and straight-forward narrative of the period; Syme, The Roman Revolution (1939) is probably the most influential – reading both can serve as a foundation for getting into the more recent and often more narrowly directed literature on the topic, note also Flowers, Roman Republics (2011)).
It’s in this context – as the Republic is clearly shaking apart – that Cicero is ruminating on the nature of the Republic, how it functions, what it is for, and how it might be set right. Despite this, Cicero should not be taken for a radical, or even really for much of a reformer; Cicero is a staunch conservative looking to restore the function of the old system, in many cases by a return to tradition as much as the renovation of it. Cicero’s corpus is a plea to save the Republic as it was, not to bury it; it was a plea, of course, that would go unanswered. In a real sense, the Republic died with Cicero.
Bret Devereaux, “Collections: A Trip Through Cicero (Natural Law)”, A Collection of Unmitigated Pedantry, 2019-12-12.
June 9, 2022
QotD: Cicero and the end of the Roman Republic
April 22, 2022
Lucy Worsely on The Jacobites & the Scottish Enlightenment
Whitehall Moll History Clips
Published 22 Jul 2018A segment on the Jacobites and the Scottish Enlightenment that blossomed in the face of Hanoverian oppression.
April 13, 2022
A new look at the Commonwealth and the Protectorate of Oliver Cromwell
In The Critic, Miranda Malins reviews a new history of the period between the execution of Charles I and the Stuart restoration of Charles II, The Restless Republic: Britain Without a Crown by Anna Keay:
This evasion is not for the historian Anna Keay. Faced with these collective shortcomings (“This book was born of ignorance,” she explains in opening), she explores this most dynamic of decades, looking it squarely in the face. With her, we roam around the period, the broad chronological narrative softened through a selection of nine interwoven biographies ranging from the irrepressible newspaperman Marchamont Nedham, to the indomitable royalist Countess of Derby, from the brilliant scientist William Petty to the dreaming Digger Gerrard Winstanley.
This structure achieves a broad perspective and rare realism, giving the reader the sense of dipping and diving through the restless waves of the republic and taking them to all corners of the new Britain forged in the fire of three Civil Wars. As expected, we travel from the trial and execution of Charles I to the Restoration of his son, but Keay’s achievement is to make the shape-shifting years of the kingless Commonwealth and Protectorate that lie between more thrilling than either royal bookend, demonstrating how far from inevitable the return of the Stuarts was. There is no “high road to Restoration” here, but rather a snaking maze of paths striking off in new directions and looping back: an uncharted landscape for Keay’s characters to navigate where every choice counted.
The result is a panoramic and pulsating drama every bit as restless as the republic it captures so well. Indeed the “Restless” adjective of the title perfectly conjures the progressive spirit of Britain without a crown: unstable and dangerous, yes, but as a result, experimental and unafraid. As Keay puts it: “The 1650s was a time of extraordinarily ambitious political, social, economic and intellectual innovation, and it was not a foregone conclusion that the British republic would fail.”
This portrait will be, for many, a revelation. Far from the dour, militaristic regimes of popular imagination, life under the Commonwealth and Oliver Cromwell’s Protectorate emerges as innovative and exciting: the effect of the hitherto unimaginable act of abolishing the monarchy and House of Lords after years of transformative conflict being to unleash an energetic spirit of ambitious experimentation and industry.
We feel this bold energy in the meetings of the Oxford Experimental Philosophy Club (which would become the Royal Society in 1660) and its young member William Petty managing to survey the whole of Ireland in record time despite having no cartographical experience; in failed cloth trader Gerrard Winstanley’s determination to dig the new Jerusalem that had come to him on an autumn ramble; in Marchamont Nedham escaping Newgate prison and picking his way through several dangerous changes of side, pen in hand, always managing to land cat-like on his feet through sheer commercial nous and audacity.
April 11, 2022
Republic to Empire: The Ides of March to Actium
seangabb
Published 13 Mar 2021In 120 BC, Rome was a republic with touches of democracy. A century later, it was a divine right military dictatorship. Between January and March 2021, Sean Gabb explored this transformation with his students. Here is one of his lectures. All student contributions have been removed.
(more…)
April 10, 2022
History of Rome in 15 Buildings 04. Ara Pacis
toldinstone
Published 27 Sep 2018Augustus dominates this fourth episode of our History of Rome, which uses the Ara Pacis Augustae (Altar of the Augustan Peace) to discuss the first emperor’s reign, reforms, and propaganda. I also threw in a gripping description of the Battle of Actium.
If you enjoyed this video, you might be interested in my book Naked Statues, Fat Gladiators, and War Elephants: Frequently Asked Questions about the Ancient Greeks and Romans. You can find a preview of the book here:
https://toldinstone.com/naked-statues…
If you’re so inclined, you can follow me elsewhere on the web:
https://www.reddit.com/r/AskHistorian…
https://www.instagram.com/toldinstone/To see the story and photo essay associated with this video, go to:
https://toldinstone.com/ara-pacis/Thanks for watching!
April 7, 2022
Republic to Empire: The Triumph of Caesar
seangabb
Published 5 Mar 2021In 120 BC, Rome was a republic with touches of democracy. A century later, it was a divine right military dictatorship. Between January and March 2021, Sean Gabb explored this transformation with his students. Here is one of his lectures. All student contributions have been removed.
(more…)
April 3, 2022
History of Rome in 15 Buildings 03. The Forum of Caesar
toldinstone
Published 27 Sep 2018In this third episode of our History of Rome, focused on the Forum of Julius Caesar, we discuss (as might be expected) Julius Caesar, the last and greatest of the generals who reshaped the Roman Republic in their own image. Caesar dominates the stage, but there are walk-on bits for a crew of pirates, forty trained elephants, and Cleopatra.
If you enjoyed this video, you might be interested in my book Naked Statues, Fat Gladiators, and War Elephants: Frequently Asked Questions about the Ancient Greeks and Romans. You can find a preview of the book here:
https://toldinstone.com/naked-statues…
If you’re so inclined, you can follow me elsewhere on the web:
https://www.reddit.com/r/AskHistorian…
https://www.instagram.com/toldinstone/To see the story and photo essay associated with this video, go to:
https://toldinstone.com/the-forum-of-…Thanks for watching!
April 2, 2022
Jon Stewart believes that “… the only thing that can possibly explain racial inequality today in America is still ‘white supremacy'”
Andrew Sullivan recounts his experiences on one of Jon Stewart’s shows:
… I found out, in fact, that there would be two other guests, and that it would, indeed, be a debate. Surprise! As the show started, I also realized for the first time there was a live studio audience and that the episode was called “The Problem With White People” — a title I’d never have been a party to, if I’d known in advance. (I wouldn’t go on a show called “The Problem With Jews” or “The Problem With Black People” either.) At that point I should have climbed carefully off the stake, tamped down the flames, made a path through the kindling, and walked away.
I protested to the producers that I’d been ambushed. And to be fair, they gave me the option of backing out at the last minute. But I didn’t want to leave them in the lurch, reassured myself that Stewart was a pro, and said I’d go ahead. I just assumed he wouldn’t demonize or curse at a guest; he would moderate; he would entertain counter-arguments; he would defend fair play. After all, this was the man who had lacerated Crossfire for bringing too much heat and not enough light. He believed in sane discourse. He was a liberal, right?
Wrong.
On the race question, Stewart has decided to go way past even Robin DiAngelo, in his passionate anti-whiteness. His opening monologue was intoned at times in a somber tone, as if he were delivering hard truths that only bigots could disagree with. He argued that no one in America had been prepared to have an honest discussion about race — until the “reckoning” of 2020. He also suggested that nothing had been done by whites to support African-Americans from 1619 (yes, he went there) … till now. The most obvious solution — reparations — was, he implied, somehow, absurdly, taboo.
His montage of “black voices” insisted that African-Americans are still granted only conditional citizenship, are still barred from owning property — “we don’t own anything!” — and ended with Sister Souljah — yes! — explaining that the thing that kills black people are not bullets, but white people. This is the same moral avatar who once said: “If black people kill black people every day, why not have a week and kill white people?” Stewart then hailed Angela Davis — a proud Communist, with a particular fondness for East Germany’s suppression of dissent — and warmly thanked her as “Angela”. But Stewart included not a single black voice of disagreement or nuance. He apparently believes that all black people hold the same view. And all white people just refuse to hear it.
Jon Stewart’s insistence that Americans had never robustly debated race before 2020 is also, well, deranged. Americans have been loudly debating it for centuries. There was something called a Civil War over it. His claim that white America has never done anything in defense of black Americans (until BLM showed up, of course) requires him to ignore more than 300,000 white men who gave their lives to defeat the slaveholding Confederacy. It requires Stewart to ignore the countless whites (often Jewish) who risked and gave their lives in the Civil Rights Movement. It requires him to erase the greatest president in American history. This glib dismissal of all white Americans throughout history, even those who risked everything to expand equality, is, when you come to think about it, obscene.
Stewart’s claim that whites never tried to ameliorate black suffering until now requires him to dismiss over $19 trillion of public funds spent in the long War on Poverty, focused especially on black Americans. That’s the equivalent of more than 140 Marshall Plans. As Samuel Kronen has shown, it requires the erasure from history of “the Food Stamp Act of 1964, the Child Nutrition Act of 1966, the Social Security Amendments of 1965, the Elementary and Secondary Education Act of 1965, the Social Security Amendments of 1962, and the Economic Opportunity Act of 1964, and on and on.” To prove his point, Stewart has to pretend LBJ never existed. That’s how utterly lost he now is.
Stewart then used crude metrics of inequality to argue, Kendi-style, without any evidence, that the only thing that can possibly explain racial inequality today in America is still “white supremacy”. Other factors — concentrated poverty, insanely high rates of crime and violence, acute family breakdown, a teen culture that equates success with whiteness, lack of affordable childcare — went either unmentioned or openly mocked as self-evident expressions of bigotry. He then equated formal legal segregation with voluntary residential segregation, as if Jim Crow were still in force. And he straw-manned the countering argument thus: white America believes that African-Americans are “solely responsible for their community’s struggles”.
I don’t know anyone who believes that. I sure don’t. It’s much more complex than that. And it’s that complexity that some of us are insisting on — and that Stewart wants to dismiss out of hand in favor of his own Manichean moral preening. His final peroration ended thus: “America has always prioritized white comfort over black survival.” Note: always. There has been no real progress; white people have never actually listened to a black person; America is irredeemably racist. Those fucking white men, Lincoln and LBJ, never gave a shit.
March 26, 2022
History of Rome in 15 Buildings 02. The Rostra
toldinstone
Published 2 Oct 2018This second episode of our History of Rome presents the Rostra, the speaking platform in the Roman Forum, as a key to understanding the turbulent world of the Late Republic. It focuses on the career of Cicero, Rome’s greatest orator, who was successively applauded and impaled on the Rostra.
If you enjoyed this video, you might be interested in my forthcoming book Naked Statues, Fat Gladiators, and War Elephants: Frequently Asked Questions about the Ancient Greeks and Romans.
You can find a preview of the book here:
https://toldinstone.com/naked-statues…
If you’re so inclined, you can follow me elsewhere on the web:
https://www.reddit.com/r/AskHistorian…
https://www.instagram.com/toldinstone/To see the story and photo essay associated with this video, go to:
https://toldinstone.com/the-rostra/
Thanks for watching!
March 21, 2022
Republic to Empire: Sulla A Failed Reaction
seangabb
Published 10 Feb 2021In 120 BC, Rome was a republic with touches of democracy. A century later, it was a divine right military dictatorship. Between January and March 2021, Sean Gabb explored this transformation with his students. Here is one of his lectures. All student contributions have been removed.
(more…)
March 13, 2022
The amazing railroad movie that damaged Buster Keaton’s career – The General
Train of Thought
Published 26 Nov 2021In this video, we take a look at the tragedy of The General and how, what is now considered a classic of the silent era, was panned by audiences upon its release. Yes, I have been watching a lot of Buster Keaton films recently, how can you tell.
The General (Give it a watch): https://youtu.be/iHlBMKtgPOA
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This video falls under the fair use act of 1976
March 7, 2022
Wargaming the Spanish Civil War
Of all the wars of the 20th century, the Spanish Civil War has to have been one of the most confusing to outsiders at the time and virtually unreadable to moderns who didn’t live through that tumultuous era. I’ve read and enjoyed Orwell’s Homage to Catalonia, but it’s not a history of the whole war: Orwell was an enlisted volunteer who served on a “quiet” sector until he was seriously wounded by a Nationalist sniper. He discusses the situations he encountered personally and avoids, for the most part, editorializing the larger strategic conflict (the TimeGhost team did a pretty helpful video on how the war was triggered that may be informative). As a result of the lack of clarity and the confused narratives, the Spanish Civil War hasn’t been covered in wargames to any great degree, but Jonathan Kay found a scenario for Advanced Squad Leader on part of the conflict that he clearly found intriguing:
The Spanish Civil War was, in human terms, an epic clash of arms: Almost 300,000 combatants are thought to have been killed, as well as more than 150,000 civilians. The conflict also looms large in the history of the 20th century, having been memorably described by U.S. ambassador to Spain Claude Bowers as the “dress rehearsal” for World War II.
Among the idealistic combatants who travelled to Spain to join the fight against fascism were Ernest Hemingway and George Orwell, whose war experiences served to inform, respectively, For Whom the Bell Tolls and Homage to Catalonia. The war also inspired Pablo Picasso’s unsettling surrealist masterpiece Guernica, which depicted the bombing of the Basque town of the same name on April 26, 1937.
All in all, something like 50,000 foreigners assisted the Republican side through the International Brigades — whose Brigada Abraham Lincoln included a Washington Battalion made up of Americans, and a Mackenzie-Papineau Battalion made up of Canadians. At least a quarter of these international volunteers died in combat, but most of the rest went home with frightening stories to tell. Even before the Nazis invaded Poland, the world’s understanding of fascism’s existential threat to humanity was shaped by General Francisco Franco’s successful campaign to topple the Second Spanish Republic.
And yet one thing that the Spanish Civil War has not yielded is a wide array of popular boardgames. This may be partly due to the fact that the conflict was so greatly overshadowed in scale and importance by World War II. But it may also be due to the fact that neither side emerged as sympathetic. As Orwell described in Homage to Catalonia (and as Adam Hochschild described, from a U.S. perspective, in his 2016 book, Spain in Our Hearts: Americans in the Spanish Civil War, 1936–1939), the Republican war effort turned out to be incompetent, fractured, and cynical, with the dominant pro-Stalinist faction eventually turning murderously upon its Trotskyist and anarchist allies. And as late as early March, 1939, just weeks before Franco conquered Madrid and ended the war, Republican forces inside the capital city were engaged in a deadly power struggle within their own ranks. All in all, the many regional and political subplots make the war difficult to model in any kind of conventional wargame (though, of course, this hasn’t stopped numerous game designers from trying).
However, The Beleaguered Capital, HazMo scenario 11, presents a reminder that when Republican and Nationalist forces fought each other in pitched battles, the mode of combat really did offer a preview of World War II, including the use of air power and tanks. (While the only tanks that existed in Spain when the war broke out were a handful of tiny, World War I-era Renault FTs, the Russians sent T-26s to the Republicans while Germany dispatched Pz Is to the Nationalists. In both cases, these vehicles arrived in Spain during the Fall of 1936, just a few months before the December 16 dateline on The Beleaguered Capital.)
February 6, 2022
QotD: Marcus Tullius Cicero
Marcus Tullius Cicero was one of the most gifted and successful politicians of his day. Unlike nearly all of his peers in the Roman Senate, his family had not been in Roman politics for generations on generations, but rather was new to it. Cicero’s family was a wealthy one, but hailed from the town of Arpinum, about 60 miles from Rome, making Cicero an outsider to elite Roman politics. He made his name as a legal advocate, rather than (in more typical Roman fashion) as a military man. He was the first of his family to enter the Roman Senate (making him a novus homo or “new man”) and was the first such new man to rise all the way to the consulship (the highest Roman office) in thirty years, which should give some sense of the magnitude of that achievement. Moreover, Cicero had managed to get elected in the first year he was eligible, which would have been a banner achievement even for a member of Rome’s traditional upper-class. During that consulship (63 B.C.), he further distinguished himself by foiling a planned coup centered around the influential figure of Catiline (L. Sergius Catilina).
Cicero was a key politician in the Late Republic, but it was his misfortune that his life was spent in an era where words meant less than weapons. He sided with Pompey against Caesar, but was granted clemency after Pompey’s defeat. He was not involved in Caesar’s assassination – he was still too much an outsider for some of the stuck-up Roman elitists who made up the conspiracy (though he correctly pointed out at the time that leaving Antony alive would be a fatal mistake). In the aftermath of the assassination, he identified (correctly) Antony as the key threat to the Republic and worked to discredit him politically in a devastating series of speeches named the Philippics (in honor of a similar set of speeches made by the Athenian Demosthenes against Philip II of Macedon, father of Alexander). Cicero’s political assault on Antony succeeded – his reputation was ruined and his popularity in Rome never recovered – but it cost Cicero his life when Antony, in league with Octavian, moved into the capital and had Cicero murdered. Cicero’s literary legacy survived him, however, in part because it was useful for Augustus’ own political ends (e.g. Plut. Cic. 49.5-6).
Cicero’s position as the most eloquent orator of the Latin language – and probably its best prose stylist – is largely uncontested. It was his speaking skills – honed in the courts – that made him so politically successful. He was also a prolific writer and a tremendous amount of his writings survive, including both legal and political speeches, private letters, handbooks on oratory, and a set of philosophical works. As anyone who has read Cicero can tell you, he also has a deserved reputation for pride and self-aggrandizement. While many of Cicero’s contemporaries and readers down to the modern era have been impressed by Cicero’s thinking and eloquence, I feel confident in asserting no one – alive or dead – will ever be more impressed by Cicero than Cicero was impressed by himself.
Bret Devereaux, “Collections: A Trip Through Cicero (Natural Law)”, A Collection of Unmitigated Pedantry, 2019-12-12.
November 19, 2021
QotD: People who are interested in history versus “academic” historians
One of many reasons I never went anywhere in my career as an academic historian is that I actually like history. I find it interesting. That’s because I find people interesting, and history is, above all, the study of people and how they be.
Your average academic historian lives entirely in xzheyr own head. They hate and fear people. They have no interest in how people actually are, only in how they should be. Thus, academic history quickly devolves into the worst kind of Social Justice Mad Lib, a never-ending, ever more frantic search for ever more obscure terms to complete the equation: “Despite [barbarities], the [micro-group] were actually only doing it because they were oppressed by the Pale Penis People, because [reasons].”
For example:
This is one of those things that’s true even if it’s not true, because Clown World, but I actually looked this guy up and yeah, he’s real — he’s a “Professor of Practice in Media and Activism at Harvard University”, which is exactly what it sounds like: basically, a tenured pest, who makes very nice bank making students protest shit for class credit. The “new book” referenced in the screenshot isn’t on Amazon yet, so maybe that’s not real, but again, Clown World — even if it’s not real, it’s real, because that’s exactly the kind of thing academic historians do. You probably remember it well from your own college days, if you were in college at any time between about 1985 through 1995, the heyday of “everyone you’ve ever heard of was secretly gay!” pseudo-scholarship.
Severian, “On Boredom”, Rotten Chestnuts, 2021-08-17.
October 4, 2021
Teaching history versus teaching to pass history tests
Severian discusses the problem of university students who know how to do well on multiple-guess tests, but don’t have the intellectual tools to work out answers if they’re not presented the same way as they were in class:

(Not Severian’s old employer, Flyover State) University College, University of Toronto, 31 July, 2008.
Photo by “SurlyDuff” via Wikimedia Commons.
Having realized I made a horrible mistake going into the Ed Biz, I used my last few semesters before pulling the pin as a kind of freelance lab. I’d ask a series of questions with canned answers about, say, the Battle of Gettysburg: The high ground occupied by Union forces was called a) Cemetery Ridge, b) Heartbreak Ridge, c) Federal Ridge, d) Ridge over Troubled Waters, and so on. Then I’d put in a “tie it all together”-type question, like so: In this famous Union victory, a failed assault against higher ground proved decisive. Was it a) Gettysburg, b) Chancellorsville, c) Port Hudson, d) Stalingrad. Note that the correct answer was actually spelled out in the previous questions …
… and I’m sure you can guess how the average student did. Just for fun, go ahead and guess how many students in a typical class of 30 picked “Stalingrad”. I’ll save you the suspense: Whatever you guessed, it’s too low. The reason is: Not knowing how to handle a question that isn’t straight regurgitation, students assume it’s a trick. Since they’ve never heard of the Battle of Stalingrad, that must be the answer (alternate explanation: They knew they skipped a lot of classes, and since they’ve never heard of a Civil War battle at Stalingrad, I must’ve covered it on one of those days they were sleeping off a hangover at 2pm, so it must be the right answer).
Since he teaches high school, Education Realist is more concerned with the “false positives”, the kids who ace the standardized test yet are dumb as fence posts … or, to be fair to them, are just slightly-brighter-than-average, but get the Certified Genius™ stamp on their high school transcripts, because they trained their asses off to ace the standardized tests. Me, I’m more interested in what this says about social decline.
My hypothetical question about the unnamed battle, above, isn’t genius-level stuff. It’s pretty basic, obviously, and at the start of my professing career I never would’ve tried it — NOT because I was so much more conventional back then (though I was), but because I considered it an insult to my students’ intelligence. Back then, I’d expect the average high school freshman to be able to figure that out, with no real strain on the brain …
It takes very long, very diligent, very expensive training to make kids into mere flowchart-followers. It takes even more of all that, plus a kind of sick genius, to turn them into the meat robots I saw at the end of my career, who were so robotic — and I swear this is true — that I could confound quite a few of them simply by switching up the word order. The powerpoint presentation said “The Union won the Battle of Gettysburg”, but the test said “The Battle of Gettysburg was won by ___”, and some large percentage of them would be stumped.
This has been a public service announcement, for all of you who’ve ever felt compelled to come up with some elaborate 4D chess theory about why our overlords do such seemingly stupid, indeed bizarre, things. These are the test-acers … and those are the kinds of tests they’re acing.












