J Bus Ethics (2013) 115:341–350 DOI 10.1007/s10551-012-1401-8

Business Practice, Ethics and the Philosophy of Morals in the Rome of Marcus Tullius Cicero

Michael Willoughby Small

Received: 11 June 2012 / Accepted: 4 July 2012 / Published online: 20 July 2012 Springer Science+Business Media B.V. 2012

Abstract Moral behaviour, and more recently wisdom Keywords Cardinal virtues Á Philosophy of morals Á and prudence, are emerging as areas of interest in the study Prudent behaviour Á Business practice Á First century BC of business ethics and management. The purpose of this Rome article is to illustrate that Cicero—lawyer, politician, orator and prolific writer, and one of the earliest experts in the field recognised the significance of moral behaviour in his The purpose of this paper is to survey ‘Moral Duties’ society. Cicero wrote ‘Moral Duties’ (De Officiis) about 44 (De Officiis) and give the student and the practitioner of BC. He addressed the four cardinal virtues wisdom, justice, business and management, particularly those who may be courage and temperance, illustrating how practical wis- unfamiliar with the classic writings, an opportunity to see dom, theoretical/conceptual wisdom and justice were that philosophers such as Plato (429–347 BC) and Aristotle viewed in Rome of the first century BC. ‘Moral Duties’ is a (384–322 BC), and the lawyer Cicero (106–43 BC) pro- letter admonishing his son, Marcus. It refers to personal duced material that is still relevant in contemporary busi- behaviour, business practice and analyses terms such as ness society. good faith and criminal fraud. In addition, it contains Extracts from the original texts reveal that human material which would be suitable for tutorials/seminars and behaviour in respect to business practice in first century discussions, particularly in the areas of critical thinking in Rome was very similar to contemporary business practice. business ethics and general management. A study of De The extract from Livy (59 BC–AD 17) illustrates Cicero’s Officiis in respect to present day management and business courage and his character, and the depth of ill-feeling that practice could give a wider perspective to business ethics Antony and Octavian had for Cicero. The reader will be and management students. If concepts such as moral virtue, introduced to concepts such as ‘wisdom’ (sophia, roui9a) moral propriety and moral goodness, many of which seem and ‘practical wisdom’ (phronesis, uqo´mgri1), terms to be ignored in business situations today, are to be which are fundamental to understanding leadership in embedded in business leaders of the future, it is reasonable business. In ancient Athens, a paidagogos (paidacxco´1) to expect that these qualities will be analysed and discussed was the trusted slave who escorted the schoolboy from by business students today. Further, a study of Cicero’s six- home to school and back again. This will be the approach step approach, when preparing an address/speech, could be in this paper—the reader will be led through De Officiis useful and productive for practitioners and students in this from point to point. In most cases, the link to present day area. business will be obvious, in other cases the reader must be left to draw his/her own conclusions. It might be assumed from the references to uqo´mgri1, roui9a and paidacxco´1 that the foremost thinkers in this area were Greek, but a number of Romans were writing & M. W. Small ( ) about these topics in addition to the Greek school. Wisdom Centre for Ethical Leadership, Melbourne Business School, Carlton, Victoria 3053, Australia (roui9a), prudence (uqo´mgri1), moral virtue (aqesg’ ), moral e-mail: [email protected] goodness (honestum), moral duty (officium), moral 123 342 M. W. Small propriety (decorum) and moral rectitude (honestas) are still death’ he said ‘in the country which I have often spoken today by the chairmen of business organisations saved’. when talking about prudent behaviour and the need for He was being carried to the villa in a litter when the moral compasses. It would seem reasonable, therefore, soldiers arrived. He did not resist but stretched out his when looking at ‘business ethics’, ‘moral behaviour’ and neck from the litter. They cut off his head with a now ‘practical wisdom’, to see what the early philosophers, sword. Then they cut off his hands too, which had and what Cicero (106–64 BC) in particular, had to say written so many speeches against Antony. His head about these topics. Cicero spoke of prudentia when refer- was carried back to Antony and fixed between his two ring to a ‘practical wisdom’ and to sapientia when referring hands on those Rostra on which he had so often to a ‘transcendent, or more conceptual, theoretical’ form of attacked Antony with such eloquence. wisdom. ‘Moral Duties’ (De Officiis) illustrates Cicero’s Perhaps not the greatest recommendation for someone view of practical wisdom. It describes business practice in advocating wisdom and justice, but these were exceptional ancient Rome, touches on Cicero’s leadership qualities vis- times. a`-vis the Roman organisational hierarchy, and includes Cicero had two words for ‘wisdom’, prudentia and sa- sections on terms such as ‘good faith’ and ‘criminal fraud’. pientia. Prudentia for practical wisdom (III, XXXIII, 117), In the following analysis of Cicero’s ideas, reference will as in ‘and what will be the function of wisdom?’ Quod be made to contemporary Australian situations that illus- autem munus prudentiae? Lewis and Short (1879) defined trate the classical concepts in practice. prudentia as a foreseeing, but it could also refer to an Marcus Tullius Cicero was a lawyer, an ambitious pol- acquaintance with a thing, knowledge of a matter, or skill itician and a writer with a prodigious output. ‘Moral Duty’ in a matter. In a third sense, prudentia also meant sagacity, was one of his philosophical works. Cicero progressed good sense, intelligence, practical judgement or discretion. through the Roman hierarchy demonstrating his leadership Cicero said prudentia consisted of three parts viz., mem- qualities and became consul (chief magistrate) in 63 BC, ory, intelligence and foresight, prudentia tribus partibus the highest appointment in the Roman administrative sys- constare videtur-memoria, intelligentia, providentia. The tem. There was a downside, however; Cicero lived in dif- Greeks, he said, defined prudence phrone¯sin uqo´mgrim (I, ficult and dangerous times, a civil war was taking place and XLIII, 153) ‘as something else, namely the practical he was banished from Rome. Antony and Octavian had him knowledge of things to be sought for and of things to be proscribed, and then murdered. As proof that Cicero was avoided.’ dead, his head and hands were returned to Rome in a sack and displayed in the Forum. Livy cited in Balme and quam Graeci uqo´mgrim dicunt, aliam quondam in- Morwood (1997) has described the circumstances of Cic- telligemus, quae est rerum expetendarum fugienda- ero’s death. It is based on Fragment 50: rumque scientia; Mors Ciceronis: nemo Antonium vehementius op- Sapientia vis-a`-vis prudentia was different. Cicero (II, pugnaverat quam Cicero. Antonius ipse manum mil- II, 5) wrote that this wisdom or sapientia had been defined itum misit qui iussi sunt eum occidare. ille in villa by earlier philosophers: manebat prope mare; ubi de adventu militum cog- Wisdom, moreover, as the word has been defined by novit, temptavit in nave ad villam redire constituit; the philosophers of old, is the knowledge of things ‘mortem obibo’ inquit ‘in patria quam saepe servavi.’ human and divine and of the end of the causes by in lectica ad villam ferebatur, cum milites advene- which those things are controlled. runt. non restitit sed cervicem e lectica extendit. illii caput gladio praecidunt. tum manus quoque prae- Sapientia autem est, ut a veteribus philosophis de- ciderunt, quae tot orationes in Antonium scripserant. finitum est, rerum divinarum et humanarum causa- caput eius ad Antonium relatum inter duas manus in rumque, quibus eae res continentur, scientia; eis rostris affixum est in quibus Antonium tanta elo- When Cicero was talking to (I, V, 15) his son Marcus quentia totiens oppugnaverat. about ‘moral goodness’, he said that moral goodness and The Death of Cicero: No one had attacked Antony wisdom were closely linked, and ‘if moral goodness could more violently than Cicero. Antony himself sent a be seen with the naked eye it would awaken a marvellous band of soldiers who were ordered to kill him. He love of wisdom’, ut ait Plato, excitaret sapientiae. The was staying in a villa near the sea; when he heard of word used in this instance is sapientia, Cicero’s choice the arrival of the soldiers, he tried to escape in a ship, when referring to higher-level issues. Sapientia also but he was driven back by contrary winds. At length, referred to good taste, good sense, discernment, discretion, he decided to return to his villa: ‘I shall meet my intelligence and even prudence. Cicero (I, XLIII, 153) 123 Morals in the Rome of Marcus Tullius Cicero 343 thought that the foremost of all virtues was wisdom; he So can this situation be rectified? The need for devel- wrote that the Greeks called it sophia roui9am’, oping a sense of integrity and moral maturity in business leaders has never been greater, but programmes in business Princepsque omnium virtutem illa sapientia, quam ethics seemed to have had little impact in reducing ques- roui9am Graeci vocant tionable business practices. It might be argued therefore If wisdom was the most important of the virtues, as it that the content and focus of business ethics programmes certainly was, Cicero emphasised this point by writing ut should be reviewed. est certe, it necessarily followed that, that duty which was Cicero (I, V, 15) citing Plato’s Phaedrus proposed that connected with the social obligations was the most all that was morally right arose from one of four sources important duty. These lines are significant. Here, Cicero i.e. the four cardinal virtues Sed omne, quod est honestum, carefully explained what he meant when he said that wis- id quattuor partium oritur ex aliqua. He believed that what dom (sapientia) was the most important virtue. In ‘Moral was morally right involved wisdom. The text reads ‘the full Duties’, sapientia is closely interwoven with the other three perception and intelligent development of the true’, aut cardinal virtues viz. fortitude, temperance and justice (III, enim perspicientia veri sollertiaque versatur. Cicero XXXIII, 118). It is therefore difficult to look at ‘wisdom’ described (I, XXVIII, 100) wisdom as ‘clear-sighted and per se without recognising the significance of these other penetrating’ acutum et perspicax. The second virtue was three. ‘justice’, this was concerned with ‘the conservation of With respect to current business practice in contempo- organised society, and rendering to every man his due’ aut rary society, the media is consistently reporting cases in hominum societate tuenda tribuendoque suum cuique. In where wisdom, justice or temperance have been ignored in simpler terms, justice promoted and strengthened society business dealings. It could be argued then that if those quod ad hominum consociationem accomodatum. The third practising business today had been introduced to ideas virtue was ‘fortitude’ meaning ‘greatness and strength of a developed by the early writers on wisdom and moral noble and invincible spirit’ aut in animi excelsi atque in- behaviour then the incidence of malfeasance in business victi magnitudine ac robore or simply being strong and might have been reduced. courageous quod vehemens atque forte. The fourth virtue, Cicero referred to the cardinal virtues throughout De ‘temperance’ was concerned with ‘the orderliness and Officiis, but it was Plato (IV, XVIII, 444, E) who had made moderation of everything that was said and done’ in quo the original reference. Plato defined justice and injustice inest modestia et temperantia, i.e. having self-control. when he was describing his ideal state comparing a city Cicero thought that temperance was the essence of pro- with a person, and saying that good counsel was a form of priety Sed maxima vis decori in hac inest parte, de qua wisdom, ‘Clearly, then it will be wise, brave, sober and disputamus. Cicero (I, XLII, 152) explained how moral just’, Dgkom dg osi roug9 s’ersi jaiamdqeia’ jai rxuqxm duties were derived from the divisions of moral rectitude jai dijaia. Dgkom. Plato asked if the city was well coun- viz. prudence, social instinct, courage and temperance. He selled, and reasoned that good counsel was a form of wrote that in deciding in matters of duty it was necessary to wisdom. He likened virtue to a kind of health and beauty weigh these virtues against one another (II, V, 17): and good condition of the soul, and compared vice to the co-operation of men was secured through wisdom disease, ugliness and weakness. and virtue (in men of superior ability) At a symposium in Melbourne, Wednesday, October 6, 2010, commemorating the life of Cardinal Newman, three hominum autem studia ad amplificationem nostrarum vice-chancellors from Melbourne, Monash and Australian rerum prompta ac parata (virorum praestantium) Catholic universities discussed the merits of promoting sapientia et virtute excitantur. Cardinal Newman’s ideas in today’s universities. In the He said (II, V, 18) that virtue consisted of three prop- nineteenth century, the university curriculum was centred erties viz, wisdom, temperance and justice. ‘Wisdom’ was mainly on the classics, the liberal arts and the development the ability to perceive what was true and real; ‘temperance’ of character (Harrold 1957). The three vice-chancellors, was the ability to restrain the passions and make the recognising the gap in contemporary tertiary curricula, impulses obedient to reason; and ‘justice’ was the skill to proposed that students should be introduced to concepts treat with consideration and wisdom those with whom we such as wisdom, justice, fortitude and temperance i.e. the were associated. cardinal virtues. This position relates to a critical aspect of ‘Moral Duty’ (De Officiis) takes the form of a long and contemporary business education that business schools had admonishing letter about moral behaviour to Cicero’s son, come under fire for allegedly failing in their obligation Marcus. Marcus was in Athens and supposed to be study- to educate socially responsible business leaders (Barker ing philosophy; however, it appears that Cicero had given 2010). 123 344 M. W. Small his son too generous a living allowance, and Marcus was Est igitur adulescentis maiores natu vereri exque iis leading too hectic a social life. Cicero (II, XIII, 45) wrote deligere optimos et probatissimos, quorum consilio to Marcus, a former cavalry officer, and who, as a 16 years atque auctortitate nitatur; ineuntis enim aetatis in- old had served in Pompey’s army, reminding him that scitia senum constituenda et regenda prudentia est. Pompey had praised him: Cicero recognised (II, XV, 52) that qualities such as And yet, when Pompey placed you in command of a kindness, generosity and liberality were important. He told cavalry squadron in this war, you won the applause of the story about Alexander, the son of Phillip, who tried to buy that great man and of the army for your skill in riding the good-will of the Macedonians by offering them money. and spear-throwing and for endurance of all the In regards to wealth, Cicero said (II, XX, 71) that we should hardships of the soldier’s life, follow the advice of Themistocles, who preferred ‘a man without money to money without a man’. This in reply to a Quo tamen in bello cum te Pompeius alae (alteri) question regarding the type of man he would like to see praefecisset, magnam laudem et a summon viro et ab married to his daughter. He wrote (I, II, 5, 7) that his intention exercitu consequebare equitando, iaculando, omni was to focus on duty and define it, but to his surprise, Pan- militari labore tolerando. aetius had not done this. Cicero made the comment (I, XLV Cicero, as the concerned parent, presented his wayward 161) that the point referred to above had been overlooked by son with a treatise on how to behave, emphasising moral Panaetius, and that his discussion on the cardinal virtues had duty and personal conduct. Panaetius (185–109 BC), the been too long. In concluding, Cicero said: ‘But let us pass on Stoic of Rhodes and author of Peqi sot Ja9hgjomso1 to what remains’, Sed iam ad reliqua pergamus. ‘About that which is Meet or Proper’ or ‘About One’s In discussing the merits of justice versus wisdom, Cicero Duty’, had influenced Cicero in respect to his views on reasoned (II, IX, 34) that justice had the greater power to moral duty. According to Cicero (II, XV, 52): inspire confidence. Book II (II, XXV, 89) concludes with Cicero showing his human side and his impatience by he had set forth the moral duties of a young man, in saying: ‘let us now pass on to the remaining problems’ so far as they could be exerted for the attainment of Reliqua deinceps persequemur. Cicero continued (I, XLV, glory, and that he should consider kindness and 161) saying that it could be understood that people were generosity, often in doubt not only whether an action was morally right Sed expositis adulescentium officiis, quae valeant ad or wrong, but also when a choice was offered between two gloriam adipiscendam, deinceps de beneficentia ac moral actions, which one was morally better. He noted (I, de liberalitates dicendum est. XLV 161) that the point referred to above had been over- looked by Panaetius. Cicero argued (II, III, 9) that expe- De Officiis could thus be viewed as a suitable text for diency and moral rectitude were identical, and thought that business ethics and management students. Cicero wrote (II, in respect to separating moral rectitude from expediency ‘a XXIV, 87) that he had a fondness for spending money, and thing could be morally right without being expedient and wished he could spend some rather than just acquiring it: expedient without being morally right’. But this whole subject of acquiring money, investing it can be understood that people are often in doubt not money (I wish I could also include spending money) only whether an action is morally right or wrong, but is more profitably discussed by certain worthy also when a choice is offered between two moral gentlemen…… actions, which one is morally better. Sed toto hoc de genere, de querenda, de collocanda Quibus ex rebus breviter disputatis intellegi potest pecunia (vellem etiam de utenda), commodius a non solum id homines solere dubitare, honestumne an quibusdam optimimis viris ad Ianuam turpe sit, sed etiam duobus propositis honestis utrum More observations continued in respect to the cardinal honestius sit. virtues (I, XXVIII, 100) and there was advice for young The section dealing with the conflict between what was men, and one young man in particular (I, XXXIV, 122): right and what was expedient led Cicero (III, II, 5) to his it is the duty of a young man to show deference to his earlier comment that while the study of philosophy was elders and to attach himself to the best and most useful, the most important part was that which dealt with approved of them, so as to receive the benefit of their moral duties. Cicero showed his paternal side when he said counsel and influence. For the inexperience of youth to Marcus, that he thought it would be a good idea if he requires the practical wisdom of age to strengthen heard as much information as possible about moral duties and direct it. and nothing else. Cicero’s actual words were (III, II, 5): 123 Morals in the Rome of Marcus Tullius Cicero 345

I still think it well that your ears should be dinned that the house was unsanitary, verminous and likely to with such precepts from every side and that, if it collapse. Cicero asked if such a transaction was just and could be, they should hear nothing else. honourable (if the vendor sold the house and made a profit) if he did not tell the prospective purchaser about the Tamen conducere arbitror talibus aures tuas vocibus defects. undique circumsonare, nec eas, si fieri posit, quic- Cicero referred to criminal fraud i.e. concealing the truth quam aliud audire. and misrepresentation or pretending one thing and prac- Cicero referred (III, II, 7) again to Panaetius who had tising another (III, XIV, 58). An example is taken from the classified moral duties and by association wisdom under text. This story concerned two people; Gaius Canius, a three headings: (i) Was the matter in hand morally right or gullible purchaser looking for a bargain; and Pythius, a wrong? (ii) Was it expedient or inexpedient? (iii) How slick banker of Syracuse. Pythius had a sea-side property should a decision be reached in cases which had the which he sold to Canius by means of an ingenious scheme appearance of being morally right clashing with those involving an element of criminal fraud. In brief, Pythius which seemed to be expedient? Cicero argued (III, V, 21) arranged for local fishermen to catch and deposit their haul here that if a man stole from his neighbour and made a in sight of Canius who could scarcely believe his good profit this act was more contrary to nature than was death fortune. So Canius ‘inflamed with desire for it’, paid all or poverty or pain or anything else that could affect either a that Pythius asked for the property (III, XIV, 59). person or his property. Inflamed with desire for it, Canius insisted upon The argument about a lack of wisdom and foresight Pythius’s selling it to him. At first he demurred. To could be applied to a number of Australian cases today e.g. make a long story short, Canius gained his point. The the collapse of several superannuation funds leaving their man was rich, and, in his desire to own the country members near destitute; the collapse of construction and seat, he paid for it all that Pythius asked; and he building firms leaving their workforce unemployed and bought the entire equipment, too. with little hope of finding re-employment; the collapse of motor car manufacturing plants leaving their workforce Incensus Canius cupidate contendit a Pythio, ut unemployed; the most recent collapse of a large electrical venderet; gravate ille primo; quid multa? Impetrat. retail goods store; and the bankruptcy and collapse of a Emit homo cupidos et locuples tanti, quanti Pythius large independent school all suggest a lack of wisdom on voluit, et emit instructos; nomina facit, negotium the part of the principals and their decision-making pro- conficit. Invitat Canius postridie familiares suos, ve- cesses. This section dealt with the conflict between what nit ipse mature; scalmum nullum videt, was right and what was expedient. Cicero returned (III, II, When Canius realised that he had been well and truly 5) to his comment that while the study of philosophy was swindled, he became very angry. He said ‘he did not even useful, no part was richer than that which dealt with moral see a thole-pin’. (A thole-pin is the peg which keeps an oar duties: in place). Canius was furious. ‘What could he do?’ (III, 14, But, my dear Cicero, while the whole field of phi- 60). Cicero concluded (III, XV, 64) by saying it was never losophy is fertile and productive and no portion of it expedient to do wrong. Doing wrong was immoral; and it barren and waste, still no part is richer or more was expedient to be good, because goodness was always fruitful than that which deals with moral duties. moral. He cited the laws pertaining to the sale of real estate, and explained what he meant by ‘good faith’. The Sed cum tota philosophia, mi Cicero, frugifera et principle being that it was essential to ‘good faith’ that any fructuosa nec ulla pars eius inculta ac deserta sit, defect known to the vendor must be known to the tum nullus feracior in ea locus est nec uberior quam purchaser. de officiis, a quibus constanter honesteque vivendi Cicero stated (III, XVI, 66) that the law would deal with praecepta ducuntur. unethical business practices and trickery as far as it could Cicero looked at the issue (III, XII, 20) of expediency by ‘laying its strong arm upon the perpetrators, and phi- and moral rectitude in business relations. He gave the losophers would appeal to reason and conscience’ (III, example of a grain importer, who in a time of crisis and XVII, 68). Cicero referred (III, XXIII, 89) to a series of famine, stood to make a profit if he sold his grain to hungry questions cited in Hecaton’s ‘Moral Duties’. For example, people. What should he do? Was concealment of the truth he asked: (i) should a good man let his slaves go hungry immoral? In another example (III, XIII, 54) he told how an when provisions were at famine prices? (ii) Suppose a ‘honest man’ (vir bonus) wanted to sell a house which had merchant was in a storm at sea, and wanted to save his some undesirable features. Only ‘the honest man’ knew cargo and his own life. Which should he throw overboard

123 346 M. W. Small

first, his highly valued horse or a cheap and worthless for office could also be disruptive and cause dissension slave? Cicero asked (III, XXIII, 91) if a wise man should within an organisation when members of one sub-depart- accept counterfeit money inadvertently for good. Would he ment elected their immediate superior. Rivalry within or- offer it as genuine in payment for a debt after he had dis- ganisations could be an issue. When people were keen to covered his mistake? In respect to the question of selling improve their respective positions in the hierarchy and wine that was past its use-by date Cicero asked (III, 23, 91) came to an agreement that if one of them got the top job if the vendor should tell his customers? Qui vinum fugiens that person would reward the others. There are people who vendat sciens, debeatne dicere if a man knowingly offers eschewed leadership and responsibility when these quali- for sale wine that is spoiling, ought he to tell his custom- ties were most needed. Consider a situation when one ers? Diogenes said he did not think they should, but An- individual could have taken charge and saved an organi- tipater said they should tell their customers. sation from self-destruction, but chose not to do so. Con- Cicero referred once more (III, 33, 118) to the cardinal sider the situation in an organisation where some persons virtues of wisdom, fortitude, temperance and justice. He had regard only for themselves. They would regard it as said that they discussed how a question should be decided anathema to have regard for any duty but to themselves. if there was a clash between expediency and moral recti- The self-seeker is similar to someone who fails to dem- tude. Cicero (III, XXIII, 121) again demonstrated fatherly onstrate leadership and undertake responsibility. These are concern towards his wayward son saying, that in his persons whose sole interests are centred around how best humble opinion he had given his son a generous present, they can suit themselves to the disadvantage of the orga- but its value would depend upon the spirit in which it was nisation as a whole. received. The final sentence suggested that Cicero still had Cicero highlights concepts which could be applied to concerns about Marcus’ behaviour. He wrote (III, XXIII, effective organisations. He spoke of justice and good faith (I, 121) that his feelings towards Marcus would have been VII, 23) i.e. keeping one’s promises and agreements. People greater if he thought Marcus was going to follow the advice who should have taken part in public affairs (I, XXI, 71), but offered to him. Saying good-bye to his son, Marcus Cicero, did not, were scornful of those who did. Such action, Cicero Cicero told him that he was the object of his deepest said, of being only scornful discredited them. Cicero dis- affection, but he would be dearer still, if he thought Marcus liked (I, XXV, 87) ‘electioneering and scrambling for office’ found pleasure in his father’s counsel and instruction. which he said was a ‘wretched custom’. He wrote of rival candidates who competed against each other, and then Farewell, my dear Cicero, and be assured that, while quarrelled about which of them would do the steering. you are the object of my deepest affection, you will Cicero identified (I, XLV, 160) ‘duty’ as a key feature of be dearer to me still, if you find pleasure in such organisations. There was duty to the ‘immortal gods’, duty counsel and instruction. to one’s country, and duty to one’s parents. Cicero said we Vale igitur, mi Cicero, tibique persuade esse te qui- could distinguish between jahgjom (ordinary duty) and dam mihi carissimum, sed multofore cariorem, si jaso´qhxla (absolute duty). Every treatise on duty had two talibus monitis praeceptisque laetabere. parts; one dealing with the doctrine of the ‘supreme good’; the other dealing with the ‘practical rules’ by which daily life What lessons can we learn from De Officiis in respect to might be regulated. In some present day organisations e.g. issues in business practices? We know that Cicero was telcos, some government departments and even Parliament, perceptive in identifying issues in respect to organisations. the idea of duty and/or a sense of personal responsibility for He raised concerns about the nature of justice, good faith, one’s actions seems to be absent. Staff, whom one would keeping one’s promises and sticking to an agreement. For expect to regard duty as important, seem to be unaware of example, consider a situation where the head of a large the concept of duty. There could be a case therefore for sub-department in an organisation had met with staff, and including this area in future programmes in public admin- had agreed to certain changes which the staff had reques- istration. Cicero was concerned (II, XXI, 72) that ‘the ted. The next day he issued an edict which completely administration’ should protect the interests of individuals, countermanded what he had promised the day before. and that it should act benevolently towards people. In public Ambition among staff can be very disruptive if an indi- office, Cicero said (II, XXI, 75) that there should be no vidual was keen to get to a higher level within his/her own suspicion of self-seeking (II, XXIV, 85/6) and people should or another larger and more prestigious organisation. Cicero be protected by the law being fairly administered. thought ambition (I, VIII, 26) was an issue because it Cicero referred (I, XXIII, 79) to moral goodness as a developed and flourished within organisations. He descri- quality which was expected in those who directed the bed ambition as a trap both for military people or for those affairs of a nation. Today, in some parts of the western in a civilian capacity. Electioneering and scrambling

123 Morals in the Rome of Marcus Tullius Cicero 347 world, the idea of moral goodness seems to have been put In respect to moral duties Cicero (I, II, 4) to one side by some members of parliament, public monies For no phase of life, whether public or private, being spent on questionable practices and for personal gain. whether in business or in the home, whether one was This is not the behaviour we would expect from people working on what concerned oneself alone or dealing who direct the affairs of the nation. In attending to the with another, could be without its moral duty; on the affairs of state, Cicero said (I, XXIV, 83) that men should discharge of such duties depended all that was mor- be prepared to put up with disadvantages, even to running ally right, and on their neglect all that was morally the risk of losing their lives. Cicero advised would-be wrong in life. politicians, referring to two of Plato’s rules (I, XXV, 85), (i) that politicians should keep the good of the people in Nulla enim vitae pars neque publiciis neque privatis view so that their every action would conform to that ideal; neque forensibus neque domesticus in rebus, neque si and (ii) that politicians should care for the welfare of the tecum agas quid, neque si cum altero contrahas, whole body politic, and not just serve the interests of a vacare officio potest, in eoque et colendo sita vitae minority. Again these obvious truths are ignored by a large est honestas omnis et neglegendo turpitudo. number of present day politicians. This type of comment is relevant to the situation refer- Cicero recognised the importance of moral duty and red to earlier in the Australian Federal parliament. Cicero moral goodness in public life, and the duty of people to (I, II, 6) argued that it was the role of the Academicians, succeed in life, but they should only achieve this by hon- and the Peripatetics to teach ethics. He said that he inten- ourable means. To illustrate, there was a stand-off in the ded to make use of the Stoics, not just for their translations, Australian Parliament (May 2012) which demonstrated a as was his custom, but to use them as a source of material lack of wisdom and a very imprudent approach to personal which he could interpret for his own purposes. Two other behaviour in the life style of one particular member. quotations from De Officiis (II, XXIV, 87) relating to Accusations, counter accusations, denials, counter denials business practice are relevant. Cicero argued that property were all uttered under the safety-net of parliamentary owners had a duty to make money, but only by honourable privilege. means. Practical wisdom in relation to leadership and business practice are central in this paper. Developing and pro- As for property, it is a duty to make money, but only moting practices which could facilitate the teaching of by honourable means; it is a duty also to save and ‘moral behaviour’ in management and business ethics increase it by care and thrift. These principles Xen- programmes are major concerns. Selections from Plato, ophon, a pupil of Socrates has set forth most happily Aristotle, and in this instance Cicero, could be included for in his book entitled Oeconomicus. When I was about seminar/tutorial discussions with an emphasis on devel- your present age, I translated it from the Greek into oping critical thinking skills. The ideas of Plato, Aristotle Latin. and Cicero in relation to wisdom, justice, fortitude and Res autem familiaris quaeri debet iis rebus, a quibus temperance are still relevant and the basis of current ethical abest turpitudo, onservari autem diligentia et parsi- business practice. monia, eisdem etiam rebus augeri. Has res com- In respect to moral goodness, moral duty and by modissime Xenophon Socraticus persecutus est in eo implication wisdom, Cicero reminded his son (I, I, 1) that libro, qui Oeconomicus inscribitur, quem nos, ista he had been in Athens for a year as a student of Cratippus fere aetate cum essemus, qua es tu nunc e Graeco in during which time he should have learnt the practical Latinum convertimus. precepts and principles of philosophy. The ‘honourable means’ alludes to a business ethic My dear Marcus you have been studying a full year which was clearly evident in ancient Greece and Rome. under Cratippus, and that too in Athens, and you In the present mining boom in Australia, a number of should be fully equipped with the practical precepts high profile business people have been identified as worthy and the principles of philosophy; so much at least one of blame in accumulating their well-publicised wealth. might expect from the pre-eminence not only of your These examples could provide the bases of seminar/tutorial teacher but also of the city; discussions in respect to the rights and wrongs of wealth Quamquam te, Marce fili, annum iam audientem creation. The discussions would require reading selections Cratippum, idque Athenis, abundare oportet prae- taken from the writings of Aristotle and Cicero as a basis ceptis institutis philosophiae propter summam et for discussion. Cicero continued (I, XIII, 41) saying that we doctoris auctoritatem et urbis, should remember that we should have regard for justice

123 348 M. W. Small even towards the humblest. Here, Cicero was thinking of the civil customs, laws and institutions. But that the slave population, when he referred to kindness and depends on our purpose in seeking prosperity; for we generosity (I, XV, 50). Barker (2010) had commented that do not aim to be rich for ourselves alone but for our business schools had come under fire for allegedly failing children, relatives, friends, and, above all, for our in their obligation to educate socially responsible business country. For the private fortunes of individuals are leaders. Business practice in Roman times, both scrupulous the wealth of the state. and unscrupulous, was in some ways similar to business Sapientis esse nihil contra mores, leges, institute fa- practice today. But a business man in Roman times was cientem habere rationem rei familiaris. Neque enim more likely to be punished by the ‘strong arm of the law’. solum nobis divites esse volumus, sed liberis, pro- Magistrates with their squads of lictors and their fasces pinquis, amicis maximeque rei publicae. Singulorum lictiorae (a bundle of rods and an axe) could dispense on- enim facultates et copiae divitiae sunt civitatis. the-spot justice. An appeal to the reason and conscience of the modern day business person does not seem to have This quotation illustrated how Hecaton interpreted worked. A challenge therefore remains for management ‘transcendent’ wisdom. Hecaton listed the core duties and educators to develop programmes in wisdom and moral responsibilities of a ‘wise man’ viz, he should take care of reasoning which would facilitate a change in the culture his private interests; he should increase his personal and practice of business. This suggests that a theoretical wealth; he should obey the law and he should be a patriotic study of wisdom alone is insufficient, and that a more citizen. All of which provide guidelines for the person pragmatic approach to a study of wisdom and ethics guided wanting to be considered ‘wise’. Cicero believed that by the concepts of practical wisdom is needed. As an people questioned whether an act they contemplated was illustration, the Centre for Ethical Leadership, Melbourne morally right or morally wrong. He wrote that men sought Business School is currently engaged in a strategic review riches to increase their wealth, partly to supply the needs of of their business ethics programmes. The rationale for the life and partly to secure the enjoyment of pleasure. Some review is that wisdom alone is insufficient, and a more people were more ambitious and wanted wealth, power, pragmatic approach to wisdom and ethics guided by the influence, fine establishments and all the comforts of life. concepts of practical wisdom is needed. The programme is In so doing, they developed an insatiable thirst for wealth. focused on utilising the services and expertise of leading Cicero (I, VIII, 25) stated: business professionals who describe and analyse ethical Still, I do not find fault with the accumulation of issues within their organisations and within their own property, provided it hurts nobody, but unjust experience. The Centre includes the Vincent Fairfax Fel- acquisition of it is always to be avoided. lowship programme, a number of research programmes, an extensive postgraduate and executive teaching programme nec vero rei familiaris amplification nemini nocens and a broader community engagement strategy. vituperanda est, sed fugienda semper iniuria est, A study of Cicero could well form the basis for teaching and continued (I, XIII, 41: ethics, moral behaviour and practical wisdom in manage- ment and business programmes. In De Officiis, Cicero but let us remember that we must have regard for addressed wisdom, the cardinal virtues, moral duty and justice even towards the humblest, moral responsibility. It would also be appropriate for meminerimus autem etiam adversus infimos iustitiam contemporary students to consider issues which they may esse servandum well have believed to be issues only of concern today, but which have been debated and argued about for two thou- Here Cicero was thinking of the slave population, but he sand years. De Officiis includes examples of situations in then referred to kindness and generosity and said (I, XV, 50): business finance, real estate, criminal fraud and there are that the interests of society and its common bonds exhortations on correct moral behaviour. Another quotation would be best conserved if kindness were shown to Cicero adapted (III, XV, 63) from Hecaton of Rhodes (C. each individual in proportion to the closeness of his 100 BC). Hecaton was a pupil of Panaetius and the author relationship. of ‘On Moral Duty’. A quote which could well become the bidding-prayer for contemporary graduates as they say Optime autem societas hominum coniunctioque ser- farewell to their business schools and set forth in the world vabitur, si, ut quisque erit coniunctissimus, ita in eum of business. The quote is taken from ‘On Moral Duty’: benignitatis plurimum conferetur. It is a wise man’s duty to take care of his private Barker (2010) had commented that business schools had interests, at the same time doing nothing contrary to come under fire for allegedly failing in their obligation to

123 Morals in the Rome of Marcus Tullius Cicero 349 educate socially responsible business leaders. An appeal to opportunity of demonstrating that he had taken into the reason and conscience of modern day business persons account the pros and cons of the argument, and that he had does not seem to have worked. A challenge therefore thought about any/every possible counter argument that remains for applied ethicists to develop programmes in might be used against him. The orator was thus able to business ethics which will facilitate change in the culture anticipate the objections of any ‘would be’ critic/rival who and practice of business. might want to point out that the original oration contained A study of Cicero could well form the basis for a course weaknesses in the argument. Other examples illustrated the in moral behaviour, practical ethics and wisdom in man- juxtapositioning of love and fear (II, 7, 23): agement and business programmes. In De Officiis Book I, For fear is but a poor safeguard of lasting power; Cicero addressed the four cardinal virtues, moral duty and while affection, on the other hand, may be trusted to moral responsibility. Books II and III deal with expediency keep it safe for ever. and morally acceptable behaviour. De Officiis includes examples of situations in business finance, real estate, and malus enim est custos diuturnitatis metus contraque criminal fraud. There are exhortations on correct moral benivolentia fidelis vel ad perpetuitatem behaviour. If students have access to and examine these and acts of service or clemency with acts of oppression (II, early sources, in addition to the other management schol- 8, 26): arship available to them, they will be exposed to a wider range of material that analyses and describes the weak- Let me add, however, that as long as the empire of the nesses and frailties of human behaviour in business Roman People maintained itself by acts of service, settings. not of oppression, wars were waged in the interests of Michalos (2008) addressed topics similar to the above in our allies or to safeguard our supremacy……….And a keynote address ‘Ancient Observations on Business so our government could be called more accurately a Ethics: Middle East Meets West’. Michalos argued that protectorate of the world than a dominion. business practices provided examples of how people should Verum tamen, quam diu imperium populiRomani act and live, morally speaking, and how they should enjoy beneficiis tenebatur, non the best sort of life and be the best sort of person. He iniuriis, bella aut pro sociis aut de ompderio gere- referred to the greed and failures of moral leadership bantur, exitus erant bellorum aut mites aut neces- accompanied by publicised business failures. Michalos’ sarii,………….itaque illud patrocinium orbis terrae address and the present paper both provide examples of verius quam imperium poterat nominari. dodgy business practices e.g. the attempt to sell a property which is substandard; the wine salesman who is trying to Cicero’s approach to analysing moral dilemmas pro- sell wine which is past its ‘use-by’ date; and the con man vides a model for today’s business students and trying to pass off counterfeit money, all of which sounds practitioners. very familiar in today’s high pressure caveat emptor environment. Michalos argued that many of Cicero’s writings contain discussions of problems in business ethics. Conclusion For example, in De Officiis (III, 20; and III, 50) Cicero presents a case requiring a choice between ‘expediency’ In addition to developing transcendent wisdom (sapientia) and ‘moral rectitude’. Michalos writes that this could be as a philosophical study, management studies should aim to expressed today as a choice between legal compliance and strengthen students’ practical wisdom (prudentia). Specif- moral rightness. Michalos describes this example as a ically, contemporary case studies could usefully be viewed pedagogical gem. The example illustrates how Cicero, the through a Ciceronian lens in which concepts such as ‘moral most brilliant of orators in Roman times, dissected moral responsibility’ and ‘expediency’ could be debated. Ulti- arguments. Cicero wanted the Roman ruling class to learn mately, such studies should lead to a more ethical and the technique or the process of arguing the pros and cons of moral approach to the development and integration of moral arguments. He delivered his own orations following issues within business management leadership practices. six carefully defined steps viz., (i) the beginning or intro- For example, the James Hardie Industries (JHI) case ductory section (exordium); (ii) the story or facts of the involving the incidence of asbestosis among their labour case (narratio); (iii) the division into sections (partitio); force, the Chartwell Enterprises Pty Ltd case in which a (iv) the adducing of proof of the matter in hand (confir- Geelong (Australia) based share trading/investment ran up matio); (v) the refutation or rebuttal (refutatio) and finally a debt of more than $A 70 million, the Storm Financial (vi) a conclusion (peroratio). The ‘refutation/rebuttal’ was Services case in which a husband and wife firm of financial a section of the oration which allowed the orator the planners advised their clients to borrow heavily against 123 350 M. W. Small their share portfolios and homes, the BrisConnections case, or his successor, Theophrastos had a a toll road builder, in which the ideology that private covered walkway, a peripatos, from enterprise was better in providing infrastructure than public which the school took its name. enterprise was found to be flawed, the Brimbank City Scholastics These were early scholars e.g. Homer who Council (Melbourne, Australia) case in which the composed and handed down their literature ombudsman found evidence of the abuse of power and and philosophical thoughts sometimes privilege, the misuse of mobile phones, pornography on without the aid of writing. Later Hera- councillors’ computers, cash in paper bags, expensive cleitus, Plato, Xenophon, Demosthenes and purchases with ratepayers’ money, branch stacking, Aristotle contributed to the Greek tradition manipulation of public funds and inappropriate interfer- of literature and philosophy. ence by members of the Legislative Assembly and party Stoics This was the name given to a philosophical officials. school which had its origins in a stoa rsoa9. Unethical and illegal behaviour in business finance, Stoa translates as colonnade, piazza, or marketing and public relations might have been averted, cloister. Zeno of Citium (300 BC) and his and unforeseen and unpleasant consequences in business successors taught in this piazza, and so practice avoided, had there been a strong commitment to they became known as Stoics Rsxijoi9. the cardinal virtues and moral duty as defined by Aristotle They believed that whatever happens is in and Cicero in the pursuit and conduct of business. accordance with divine reason, and so pain, poverty and death are not important. Glossary Matter consists of four elements, earth, air, fire and water. Cato was the most promi- Academicians This term was applied to people who were nent follower of Stoicism in Cicero’ s associated with the Academeia,ahall time. (gymnasium) and park which Plato established to teach philosophy and science. It existed in three forms, ‘Old’, ‘Middle’ and ‘New’ and survived until AD 529. References Panaetius Panaetius (185–109 BC) was a Greek Stoic philosopher. His influence onRoman thought Balme, M., & Morwood, J. (1997). Oxford Latin course part II (p. was significant. He adapted Stoic thinking to 105). Oxford: Oxford University Press. suit Rome, focusing on thevirtues of mag- Barker, R. (2010). No, management is not a profession. Harvard nanimity and benevolence. He emphasised Business Review, 52–60. the subordination of privateambition to the Cicero. (2005). Cicero De Officiis On Duties (W. Miller, Loeb Classical Library, with an English Trans.). Cambridge, MA: good of the state, and his ‘On Duty’ influ- Harvard University Press. enced Cicero. Harrold, C. F. (Ed.). (1957). The idea of a university defined and Peripatetics Peripatetic had its origins in the word illustrated (pp. 217–227). New York: Longmans, Green and Co. peri-patos peqi9-paso1 meaning a walking Lewis, C. T., & Short, C. (1879). A Latin Dictionary founded on Andrew’s 1850 edition of Freund’s Latin Dictionary. Oxford: about, a place for walking, a conversation The Clarendon Press. during a walk and then a philosophical Michalos, A. C. (2008). Ancient observations on business ethics: discussion. The Latin is ambulatio. The Middle East Meets West. Journal of Business Ethics, 79, 9–19. Peripatetic School was the school of Plato. (1982). Republic I (P. Shorey, Loeb Classical Library, Trans.). Cambridge, MA: Harvard University Press. philosophy in Athens which Aristotle had established in his Lyceum. Aristotle

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