The Spirit of the Natural Law: Receptions of Cicero in the Works of Justice James Wilson Public

Abstract

After obtaining a strong background in the classics while growing up in Scotland, James Wilson emigrated to America, where he apprenticed with the prominent Philadelphia attorney John Dickinson, wrote pamphlets advocating for American independence, signed both the Declaration of Independence and the Constitution, and became one of the first Justices on the Supreme Court of the United States.  Many of Wilson’s extensive contributions to the United States government can be traced back to ancient Rome—specifically Cicero.  

Wilson uses Cicero’s natural law theory as the foundation of his framework for the American legal system.  He meticulously models his own natural law philosophy after Cicero’s and cites Cicero’s essential philosophic works each step along the way.  Going beyond merely parroting Cicero’s philosophy, Wilson uses his own logic to extend it to three mainstays of his own political thought: popular sovereignty, the common law, and the abolition of slavery.  

Natural law and legal theory are not the only areas in which Wilson employs Cicero.  Wilson also looks to Cicero for direction on social matters, including social class representation in government, the components of a proper education, and the role of women—making clear that Wilson looked to Cicero not only for inspiration in American law, but for the structure of American social order as well.  

This thesis employs as primary evidence Wilson’s Lectures on Law, which he delivered in Philadelphia starting in 1790. Examined as well are his influential State House Yard Speech and his landmark opinion in Chisholm v. Georgia.  Rather than relying on eighteenth century sources, special attention is given to Cicero’s own writing, namely De Officiis and De Re Publica.  Understanding where Wilson’s quoting of Cicero either matches or diverges from Cicero’s own philosophy demonstrates where Wilson is echoing Cicero’s thought, and where he is giving voice to his own ideas inspired by antiquity.   

Table of Contents

Introduction: A Founder Forgotten….………………………………………….....…………….....…1

Chapter I.  Wilson’s Classical Background……………………………………………………......….6

Chapter II.  Wilson, the Champion of Ciceronian Natural Law…………………………..……..13

1.              Natural Law is Given by God……………………...……………..…………........….……19

2.              Natural Law is Unchanging............................................................................23

3.              Natural Law is Above the Law Created by Humans……………...……....……...……24

4.              Natural Law is Universal………………………………………...…………….........……..27

5.              Natural Law Creates Interpersonal Obligations…………………….………....………30

6.              Broader Implications on Wilson’s Thought………………….………………....………32

Chapter III.  Extensions, Applications, and Divergence from Cicero…………………….....…34

1.              Popular Sovereignty as a Ciceronian Policy…………………………………….....……35

2.              Common Law as an Extension of the Natural Law……………...……...…..…….….44

3.              Natural Law as a Tool for Abolition………………………………………..……......…..49

4.              Misrepresentation and Wilson’s Original Thought………………...………….…..…55

Chapter IV.  Idealistic Principles and Receptions of Cicero Beyond Natural Law…………..58

1.              Ciceronian Mixed Government in the American Era………………………………....59

2.              Cicero as an Educational Icon........................................................................65

3.              The Role of Women as an Extension of the Roman Tradition...........................69

4.              An Expansive Use of Cicero……………………………………….........…………..…....74

Conclusion: Wilson’s America as a Ciceronian Project..................................................76

Bibliography………………………………………………………………………………….............….80

About this Honors Thesis

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School	Emory College
Department	Classics
Degree	B.A.
Submission	Honors Thesis
Language	English
Research Field	Classical Studies History, Ancient History, United States
Mot-clé	James Wilson natural law American founding political philosophy classical receptions Cicero ancient Rome
Committee Chair / Thesis Advisor	Dr. Barbara Lawatsch-Melton, Emory University
Committee Members	Dr. Jonathan Master, Emory University Dr. Holli Semetko, Emory University

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