The Divine Institutes

But the reason on account of which they imagine those who are wise to be foolish has strong grounds of support (for they are not deceived without reason). And this must be diligently explained by us, that they may at length (if it is possible) recognise their errors. Justice by its own nature has a certain appearance of folly, and I am able to confirm this both by divine and human testimonies. But perhaps we should not succeed with them, unless we should teach them from their own authorities that no one can be just, a matter which is united with true wisdom, unless he also appears to be foolish. Carneades was a philosopher of the Academic sect; and one who knows not what power he had in discussion, what eloquence, what sagacity, will nevertheless understand the character of the man himself from the praises of Cicero or of Lucilius, in whose writings Neptune, discoursing on a subject of the greatest difficulty, shows that it cannot be explained, even if Orcus should restore Carneades himself to life. This Carneades, when he had been sent by the Athenians as ambassador to Rome, disputed copiously on the subject of justice, in the hearing of Galba and Cato, who had been censor, who were at that time the greatest of orators. But on the next day the same man overthrew his own argument by a disputation to the contrary effect, and took away the justice which he had praised on the preceding day, not indeed with the gravity of a philosopher, whose prudence ought to be firm and his opinion settled, but as it were by an oratorical kind of exercise of disputing on both sides. And he was accustomed to do this, that he might be able to refute others who asserted anything. L. Furius, in Cicero, makes mention of that discussion in which justice is overthrown. I believe, inasmuch as he was discussing the subject of the state, he did it that he might introduce the defence and praise of that without which he thought that a state could not be governed. But Carneades, that he might refute Aristotle and Plato, the advocates of justice, in that first disputation collected all the arguments which were alleged in behalf of justice, that he might be able to overthrow them, as he did. For it was very easy to shake justice, having no roots, inasmuch as there was then none on the earth, that its nature or qualities might be perceived by philosophers. And I could wish that men, so many and of such a character, had possessed knowledge also, in proportion to their eloquence and spirit, for completing the defence of this greatest virtue, which has its origin in religion, its principle in equity! But those who were ignorant of that first part could not possess the second. But I wish first to show, summarily and concisely, what it is, that it may be understood that the philosophers were ignorant of justice, and were unable to defend that with which they were unacquainted. Although justice embraces all the virtues together, yet there are two, the chief of all, which cannot be torn asunder and separated from it—piety and equity. For fidelity, temperance, uprightness, innocence, integrity, and the other things of this kind, either naturally or through the training of parents, may exist in those men who are ignorant of justice, as they have always existed; for the ancient Romans, who were accustomed to glory in justice, used evidently to glory in those virtues which (as I have said) may proceed from justice, and be separated from the very fountain itself. But piety and equity are, as it were, its veins: for in these two fountains the whole of justice is contained; but its source and origin is in the first, all its force and method in the second. But piety is nothing else but the conception of God, as Trismegistus most truly defined it, as we have said in another place. If, therefore, it is piety to know God, and the sum of this knowledge is that you worship Him, it is plain that he is ignorant of justice who does not possess the knowledge of God. For how can he know justice itself, who is ignorant of the source from which it arises? Plato, indeed, spoke many things respecting the one God, by whom he said that the world was framed; but he spoke nothing respecting religion: for he had dreamed of God, but had not known Him. But if either he himself or any other person had wished to complete the defence of justice, he ought first of all to have overthrown the religions of the gods, because they are opposed to piety. And because Socrates indeed tried to do this, he was thrown into prison; that even then it might be seen what was about to happen to those men who had begun to defend true justice, and to serve the only God.

The other part of justice, therefore, is equity; and it is plain that I am not speaking of the equity of judging well, though this also is praiseworthy in a just man, but of making himself equal to others, which Cicero calls equability. For God, who produces and gives breath to men, willed that all should be equal, that is, equally matched. He has imposed on all the same condition of living; He has produced all to wisdom; He has promised immortality to all; no one is cut off from His heavenly benefits. For as He distributes to all alike His one light, sends forth His fountains to all, supplies food, and gives the most pleasant rest of sleep; so He bestows on all equity and virtue. In His sight no one is a slave, no one a master; for if all have the same Father, by an equal right we are all children. No one is poor in the sight of God, but he who is without justice; no one is rich, but he who is full of virtues; no one, in short, is excellent, but he who has been good and innocent; no one is most renowned, but he who has abundantly performed works of mercy; no one is most perfect, but he who has filled all the steps of virtue. Therefore neither the Romans nor the Greeks could possess justice, because they had men differing from one another by many degrees, from the poor to the rich, from the humble to the powerful; in short, from private persons to the highest authorities of kings. For where all are not equally matched, there is not equity; and inequality of itself excludes justice, the whole force of which consists in this, that it makes those equal who have by an equal lot arrived at the condition of this life.