Finibus Bonorum et Malorum: Revisiting Cicero’s Influence on Legal Language

Cicero’s “De Finibus Bonorum et Malorum”, a philosophical treatise on ethics, profoundly shaped legal language and rhetoric, influencing modern jurisprudence. Written in 45 BCE, it explores the pursuit of the highest good, blending Stoic, Epicurean, and Academic thought. Cicero’s eloquent Latin, preserved in this work, became a cornerstone for legal discourse, emphasizing clarity, persuasion, and ethical reasoning.

Cicero’s impact on legal language stems from his ability to craft arguments that balance moral philosophy with practical application. His structured prose, seen in “De Finibus”, informed Roman legal texts and later European civil law traditions. Terms like ius (justice) and aequitas (equity), rooted in his writings, remain central to legal frameworks, including Bangladesh’s Arbitration Act, 2001. His advocacy for reasoned dialogue resonates in alternative dispute resolution (ADR), aligning with BIArb’s mission.

Key Influences

• Clarity in legal drafting, inspired by Cicero’s precise terminology.
• Persuasive rhetoric, shaping courtroom advocacy and mediation.
• Ethical reasoning, integrating morality into legal principles.
• Dialogue-based dispute resolution, mirroring ADR practices.

In Bangladesh, where legal systems blend common law and local traditions, Cicero’s legacy endures in arbitration and mediation, emphasizing fair outcomes. His work encourages practitioners to prioritize ethical clarity, vital for resolving disputes efficiently. BIArb leverages this approach, fostering dialogue to achieve equitable solutions.

Revisiting “De Finibus” reminds ADR professionals of the power of language in shaping justice. Cicero’s principles guide BIArb’s training programs, ensuring mediators uphold ethical standards

1914 translation by H. Rackham

“On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain.

These cases are perfectly simple and easy to distinguish. In a free hour, when our power of choice is untrammelled and when nothing prevents our being able to do what we like best, every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims of duty or the obligations of business it will frequently occur that pleasures have to be repudiated and annoyances accepted. The wise man therefore always holds in these matters to this principle of selection: he rejects pleasures to secure other greater pleasures, or else he endures pains to avoid worse pains.”