I think it fit, however, since duty is to be my sole subject, to define duty at the outset. Ref. 010 I am surprised that Panaetius should not have done this; for the rational treatment of any subject ought to take its start from definition, that readers may understand what the author is writing about.
3. The discussion of duty is twofold. One division relates to the supreme good in itself considered; the other, to the rules by which the conduct of life may in all its parts be brought into conformity with the supreme good. Under the first head belong such questions as these: Whether all duties are of perfect obligation; whether any one duty is greater than another; and, in general, inquiries of a similar kind. But the duties for which rules are laid down belong, indeed, to the supreme good, as means to an end; yet this is the less obvious, because they seem rather to have reference to the ordering of common life. It is of these that I am going to treat in the present work. There is also another division of duty. Duty may be said to be either contingent or perfect. We may, I think, give the name of perfect duty to the absolute right, which the Greeks term κατόρθωμα; Ref. 011 while contingent duty is what they call καθη̂κον. Ref. 012 According to their definitions, what is right in itself is perfect duty; that for the doing of which a satisfactory reason can be given is a contingent duty.
According to Panaetius, in determining what we ought to do there are three questions to be considered. It is first to be determined whether the contemplated act is right or wrong, — a matter as to which there often are opposite opinions. Then there is room for inquiry or consultation whether the act under discussion is conducive to convenience and pleasure, to affluence and free command of outward goods, to wealth, to power, in fine, to the means by which one can benefit himself and those dependent on him; and here the question turns on expediency. The third class of cases is when what appears to be expedient seems repugnant to the right. For when expediency lays, as it were, violent hands upon us, and the right seems to recall us to itself, the mind is distracted, and laden with two-fold anxiety as to the course of action. In this distribution of the subject, while a division ought by all means to be exhaustive, there are two omissions. Not only is the question of right or wrong as to an act wont to be considered, but also the question, of two right things which is the more right; equally, of two expedient things which is the more expedient. Thus we see that the division which Panaetius thought should be threefold ought to be distributed under five heads. First, then, I am to treat of the right, but under two heads; then, in the same way, of the expedient; lastly, of their seeming conflict.
4. In the beginning, animals of every species were endowed with the instinct that prompts them to take care of themselves as to life and bodily well-being, to shun whatever threatens to do them harm, and to seek and provide whatever is necessary for subsistence, as food, shelter, and other things of this sort. The appetite for sexual union for the production of offspring is, also, common to all animals, together with a certain degree of care for their offspring.
But between man and beast there is this essential difference, that the latter, moved by sense alone, adapts himself only to that which is present in place and time, having very little cognizance of the past or the future. Man, on the other hand — because he is possessed of reason, by which he discerns consequences, sees the causes of things, understands the rise and progress of events, compares similar objects, and connects and associates the future with the present — easily takes into view the whole course of life, and provides things necessary for it. Nature too, by virtue of reason, brings man into relations of mutual intercourse and society with his fellow-men; generates in him a special love for his children; prompts him to promote and attend social gatherings and public assemblies; and awakens in him the desire to provide what may suffice for the support and nourishment, not of himself alone, but of his wife, his children, and others whom he holds dear and is bound to protect. This care rouses men’s minds, and makes them more efficient in action. The research and investigation of truth, also, are a special property of man. Thus, when we are free from necessary occupations, we want to see, or hear, or learn something, and regard the knowledge of things either secret or wonderful as essential to our living happily and well. Ref. 013 To this desire for seeing the truth is annexed a certain craving for precedence, insomuch that the man well endowed by nature is willing to render obedience to no one, unless to a preceptor, or a teacher, or one who holds a just and legitimate sway for the general good. Hence are derived greatness of mind and contempt for the vicissitudes of human fortune. Nor does it indicate any feeble force of nature and of reason, that of all animals man alone has a sense of order, and decency, and moderation in action and in speech. Thus no other animal feels the beauty, elegance, symmetry, of the things that he sees; while by nature and reason, man, transferring these qualities from the eyes to the mind, considers that much more, even, are beauty, consistency, and order to be preserved in purposes and acts, and takes heed that he do nothing indecorous or effeminate, and still more, that in all his thoughts and deeds he neither do nor think anything lascivious. From these elements the right, which is the object of our inquiry, is composed and created; and this, even if it be not ennobled in title, yet is honorable, and even if no one praise it, we truly pronounce it in its very nature worthy of all praise.
5. You behold, indeed, my son Marcus, the very form and, as it were, the countenance of the right, which, were it seen by the eyes, as Plato says, would awaken the intensest love of wisdom. But whatever is right springs from one of four sources. It consists either in the perception and skilful treatment of the truth; or in maintaining good-fellowship with men, giving to every one his due, and keeping faith in contracts and promises; or in the greatness and strength of a lofty and unconquered mind; or in the order and measure that constitute moderation and temperance. Ref. 014 Although these four are connected and intertwined with one another, yet duties of certain kinds proceed from each of them; as from the division first named, including wisdom and prudence, proceed the investigation and discovery of truth, as the peculiar office of that virtue. For in proportion as one sees clearly what is the inmost and essential truth with regard to any subject, and can demonstrate it with equal acuteness and promptness, he is wont to be regarded, and justly, as of transcendent discretion and wisdom. Therefore truth is submitted to this virtue as the material of which it treats, and with which it is conversant. The other three virtues have for their sphere the providing and preserving of those things on which the conduct of life depends, so that the fellowship and union of society may be maintained, and that superiority and greatness of mind may shine forth, not only in the increase of resources and the acquisition of objects of desire for one’s self, and for those dependent on him, but much more in a position from which one can look down on these very things. But order, and consistency, and moderation, and similar qualities have their scope in affairs that demand not merely the movement of the mind, but some outward action; for it is by bringing to the concerns of daily life a certain method and order that we shall maintain honor and propriety.
6. Of the four heads into which I have divided the nature and force of the right, the first, which consists in the cognizance of truth, bears the closest relation to human nature. For we are all attracted and drawn to the desire of knowledge and wisdom, in which we deem it admirable to excel, but both an evil and a shame to fail, to be mistaken, to be ignorant, to be deceived. In this quest of knowledge, both natural and right, there are two faults to be shunned, — one, the taking of unknown things for known, and giving our assent to them too hastily, which fault he who wishes to escape (and all ought so to wish) will give time and diligence to reflect on the subjects proposed for his consideration. The other fault is that some bestow too great zeal and too much labor on things obscure and difficult, and at the same time useless. These faults being shunned, whatever labor and care may be bestowed