The Lawmakers

Exegesis
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Geoffrey Hamilton
April 14, 1998

Part I

The Emperor Claudius has been a fascinating figure to me from the time of the first airing of the BBC's I Claudius back in the 1970s. I could not understand why someone, who was so disrespected, could suddenly be placed in a position of great power, then, after ruling relatively well, still be considered an idiot by many historians. Graves addressed these issues by drawing a full and favourable portrait of Claudius in his books, which of course led to the show. However, I did not feel that Graves was able to account for Claudius' strangest actions in terms of motivation or rational.

Barbara Levick, Arnoldo Momigliano and Vincent Scramuzza, also dealt with similar concerns regarding Claudius, but I feel they did not address them sufficiently. Scramuzza was concerned about approving of Claudius and so dealt with ethical points which would show Claudius in a good light: for example, regarding Claudius' liberal attitudes towards law and legislation.

Momigliano and Levick vary in there own needs to approve of Claudius, but neither addresses his basic philosophy. Specifically, Levick says that there is no evidence of Claudius' interest in philosophy as only one philosopher resided at court, Claudius Balbillus. Looked at differently, this is evidence that the Emperor took an interest in Philosophy because Balbillus resided at court. Related to this, Claudius mentions how a certain Barbillus advises him in a matter of policy. If it is the same man, it demonstrates that some value was attached to philosophers. In addition, Levick also states that Cicero was influential with Claudius, but was misinterpreted . Cicero is a philosophical writer and is acknowledged to be influential to Claudius' rule, which is significant. Also we are told by Suetonius that Claudius defended Cicero in "a very learned work", so this is confirmation that Claudius had a large degree of familiarity with Cicero, and so some degree of philosophical inquiry was taking place.

Regarding Levick's charge of misinterpretation on Claudius' part, it is possible that Claudius was not a blind imitator of Cicero and saw occasion to use the promptings of Cicero's works as the opportunity to elaborate in his own way. This accounts for the, so called, misinterpretation. Additionally, if one considers how Claudius is careful in his edicts and letters to look into the background of every nuance of an issue about which he is concerned, it would not be unusual of him to have read the body of Cicero's writings with a mind to comprehending the writer he planned to defend -- publicly and on paper. Also, Cicero wrote and alluded to the works of a great number of Greek and Roman philosophers, and he critiqued the ideas contained within. Claudius, consistent with his studious behavior, may have also investigated Cicero's sources. Claudius, as a skilled historian, and leading Roman all his life, would have been proficient at assessing the surviving ancient texts mentioned by Cicero and would have had all texts available to him at his request, such texts as are not available today. Finally, there is the word of Seneca, in his consolation of Polybius, that Claudius was indeed well read in philosophy: "...by reason of his most retentive memory he has already presented you all the examples which could bring your mind to a state of equanimity; with habitual eloquence he has already set before you the precepts of all the sages". Even if the evident flattery forces one to discount some of the elements in this letter, there is no cogent reason to deny that Seneca accepts that Claudius was well read in philosophy.

Now, I will discuss the philosophy of Claudius in relation to the philosophies available to him in his day. Overall, I have come to the conclusion that Claudius used Cicero as a model, but that Claudius was consistently a radical Sceptic, and originated new understandings of Scepticism through a fascination with games, including dice and the circus.

Robert Graves in Claudius the God, seems to preempt my opinion with his own. He puts in Claudius' mouth the words, "I am neither a Sceptic nor particularly superstitious. I love ancient forms and ceremonies and have an inherited belief in the old Roman Gods which I refuse to subject to any philosophical analysis." I will deal with his Scepticism last and will start with a discussion of his superstitions.

Graves' view seems to be based on Claudius' acknowledged use of the auspices and the other religious rites of a superstitious nature, and secondly on the lack of any overt indication of a criticism of those ideas within a philosophical context. I agree that Claudius performed many religious rituals and gave many indications of following superstitious Roman and Hellenistic ideas. I also agree that he did not openly question these beliefs. But this is still consistent with a Sceptical philosophical outlook as the Sceptics did not object to their own participation in conventions and they actively pursued them when society dictated. With this point made clear now I will show why Claudius' use of the rites shows he is not likely to be connected to some of the other major philosophical schools of his age.

The first ancient philosophy that should be eliminated is Epicurianism. This philosophy, which Cicero was sympathetic to and which Cassius, Virgil and Horace followed, was a strict dogma with many wavering Roman followers. The doctrine forbade the practice of superstitious rites and even one's participation in government or in any kind of political activity. Obviously, Claudius participated in these ways, but his lack of adherence to this principal would not preclude him from this philosophy entirely. He could still have used it as part of an eclecticism. However, this too is unlikely. The main Epicurian doctrine regarding pleasure would not have appealed readily to Claudius.

Claudius was well known to be hedonistic regarding drinking, food, gambling, love and sex, but Epicurians were hedonistic in a very different way. Pleasure was the absence of pain and so excessive pleasures were avoided because of the pain which excess eventually caused: hangovers, indigestion, poverty, heartbreak or the clap. In effect, the Epicurian desire was to avoid extreme sensations, but these were the things Claudius forcefully sought out through his actions -- which makes this philosophy very unlikely to be his.

Epicurius' precursors, the Cyrenaics, allowed the pleasures to be more active and they sought "gentle change" in their seeking of pleasure. But this still falls short of the extremes needed to justify Claudius' behavior. The gentle changes required care that one not fall in love or get drunk or become superstitious. Their object being to command ones pleasures. Once again Claudius shows no indication that he attempted to control any of his pleasures; evidently, never in his life is moderation of pleasures made an issue. On one occasion he released a knight, who was on trial for seduction, telling the knight to restrain his passions; then he weakened that idea by telling him to be more careful with his passions in future, adding: why should I care who your mistress might be ? This censure, for what it was worth, was probably only used to fulfill the conventions of a court proceeding, Claudius indicated as much by stating that restraint of these passions is of little or no interest to him.

The seeking of wisdom was a pleasure Claudius apparently indulged in like a good Cyrenaic, but such pleasures were common to many other philosophies. The main problem with believing that Claudius was a follower of the Cyrenaic philosophy is that Epicurianism stifled it to the point that it was quite unnoticeable in the time of Claudius.

The Cynics, however, were influential in Nero's time in a minor way and the Cynic Isidorus came to Rome during Claudius' time. However, several aspects of the Cynic's world were adverse to Claudius' attitudes. First, they preached an ascetic life even more extreme than the Epicurian's. Claudius again shows no inclination in this direction. The Cynics life was rather like what we call the life of a bum, and Claudius never shied away from extravagance. Pleasure was a good to the Cynic, but again, in moderation -- although having sex with the first person one meets on the street was their idea of a 'norm'. This unusual idea was indicative of the Cynics rejection of all social norms, even if doing so hurts your life. This is an idea which may have amused Nero in conversation, but Claudius shows no indication of having entertained the idea of rejecting any conventions. The fact that Claudius practiced all the social norms available to him, and even sought to strengthen others, indicates there was nothing Cynical about his practices.

The Stoics developed out of the Cynics, but on the surface they seem very different. They accepted social norms, even believed in the gods, which they turned into one God -- which was the 'universe' or nature itself. Like the other three schools they desired to live in moderation, again, very unlike Claudius. But what distinguishes the Stoics is the degree of absolutism in their ideas. The other three could be dogmatic, but they were subjective and relativistic in many of their doctrines -- they lived according to how they perceived nature. The Stoics were much the same in all these respects, but they trumped up their subjective base by assuming a faith in the ability of people to tap into a universal "Reason" for everything. This allowed Seneca to be certain about the things he did and said; because as long as he believed that he was tapped in to Truth, anything he thought must be part of the Reason of the universe.

Claudius could not have been a Stoic, not only because he avoided moderation, but because he was full of doubts about truth and his own apprehension of truth. Again and again evidence of this surfaces. In the surviving documents of Claudius he qualifies and relativizes much of what he does: "it is equitable, to my mind"; "If you agree"; "as far as I recall" ; "If we follow Roman authorities"; "if we follow Etruscan authorites"; "become hateful to our state" (instead of evil). In Suetonius, Claudius is shown apologizing, changing decisions, listening to the council of courtroom audiences, wives and freedmen, and attending to every detail of both trials and his histories in an attempt to get the facts right based on discussion and argument. None of this is a similar to Seneca's arrogant belief that he need look no further then his own soul for guidance.

Anticipating the objection that Claudius was doubtful because of a character flaw, let me say that Claudius had a Sceptic's doubt: he was not a coward in his ability to make decisions. It would be true if he were flawed in that capacity, and his doubts would seem to be irrelevant to a Sceptic's attitude. But he was strong -- even when he accepted other's recommendations, he did so boldly. Secondly, he strongly disagreed with others, as with the Ostia harbour issue and in his disagreement with Barbillus. He could stand against others without doubting himself.

Claudius is quite contrary to a coward, or a Stoic. He asked for and accepted the advice of others to facilitate his own judgment and expected what was offered to be of the highest honesty to facilitate his need to find relative truths. The example which best illustrates this, is his statement, just before a trial was about to commence, that he would "decide in favour of the party which has told the truth". An idea, which, because it was not policy and was probably used just once, might indicate his frustration with the court tricks of lawyers that he despised. He loved the truth, but was aware of how difficult it was to obtain, unlike Seneca, and unlike any Stoic.

Claudius now begins to resemble the most relativistic philosophies: the Sophists and the Sceptics. The Sophists had been subsumed by the rhetoricians over the centuries down to the Julio-Claudian period. By then the teaching of rhetoric was a standard practice, so Claudius would likely have been familiar with it. But, by his time, it was stripped of many of its philosophical implications in favour of the practical uses of rhetoric. To find substantial guidance would require a meatier school -- the Sceptics -- and Cicero seems to have provided it.

A comparison of the emperor and the sceptics shows either an influence on Claudius or an ingrained sympathy. Readers of Cicero complained to him that his philosophy was unclear because he refused to write on it directly. He counters and rebukes them for not using their own judgment. Claudius, also never indicated his philosophy directly, perhaps for the same reason. He expected the Senate to think for itself. Cicero believed, as did most Sceptics, that truth was primary, but that many ideas have different possible answers. Claudius made a fine point of discerning the truth while in court through the exercise of the spirit of the law; and his flexibility and his cognizance of his own mistakes while presiding indicates that Claudius was in harmony with Cicero's Sceptical bent.

Cicero once defended his own right to be inconsistent and, in effect, he was defending Claudius' own inconsistencies, which now seem like deliberated inconsistencies not like those of an idiot. Cicero claimed friendship was defined by mutual service and Claudius' life long friendships were marked for their mutual services -- even so far as the incident when Claudius cited a gesture of kindness, the glass of water incident, when rewarding a citizenship. Cicero said he was, himself, kind, but that for reasons of state he assumed severe attitudes, and Claudius does so likewise in the punishment of Gaius' assassins. Cicero considered glory the greatest reward and, according to Suetonius, Claudius' invasion of Britain shows many indications of being motivated by such a reward.

Finally, Cicero was quite fascinated by tradition, and his interest in the unfashionable Scepticism was indicative of an antiquarianism. Claudius was not only an antiquarian, because of his taste for historical precedent, but he also had a taste for the present. As Claudius and Cicero lived in different presents this is where the two must part company in some ways. Suetonius says: "Claudius not only revived obsolescent traditions but invented new ones". As a Sceptic Claudius would not object to conventions; that he would revive and create many new ones would also be consistent with a Sceptic's need to fulfill practical needs. To carry out practical needs, one rates the chances of something being true, or useful, or being possible to carry out. This probability factored in a Sceptic's world view would also allow anything to be considered a possible addition to a convention if it fulfills his practical needs, as in this case with the needs of an Emperor. What Claudius did with his innovations was calculate his chances according to the practical needs of an Empire. This also paralleled his life long fascination with games from dice to the gladiators. These ideas came together when he became Emperor.

Claudius invented new letters, new paper, made a new harbour, a new grain system, he reformed and replaced many institutions and carried out wars and an innovative legal system. To do all this a Sceptic would calculate the chances for success of a project and hope for the best. Claudius would doubt the truth of a decision but still make it -- so his choice must have seemed to be a gamble to him. At the same time Claudius played and watched popular games with avid attention and contemplation, even writing a book on the subject of playing alea (dice) well. Graves disparaged this by saying it was a book on how to win at dice. Given how game theory today does the same thing and wins wars it is hardly laughable. The combination of the two sides of his life the personal and the regal game playing is inevitable when it is the mind of one individual ruler we are talking about.

Granted, it is a matter of speculation, but Claudius seems to have adopted Scepticism and added some innovations of his own stemming from the necessity of making calculations of probability in practical life, and combining this need with the obvious enjoyment he felt when playing and watching games of chance.

This is hard to demonstrate through his actions in any conclusive way, but his ironic and unsafe disregard for conventions -- for example, in his needless revival of the convention of the Secular Games against the convention for its proper revival -- indicates an overall need to incorporate games into his public life, even when the public has no specific need for them. His judicial innovations and creativness also indicates a desire to take chances where chances are not required by the conventions . But even if the above innovations were definitely not required by convention or by the state, his gambling with public policy may have contributed to his popularity and his later divine status, because the risks made their success seem more important. Something which he may not have been able to calculate as an ordinary Sceptic, but may have played for as an idiosyncratic Emperor.


Part II

Regarding the specifics of the dialogue, I will only make a few points. I chose this period in Claudius' life in order to create a context where he is still a fairly normal citizen and can be conversed with without all the verbal regalia of an Emperor. It also happens that Seneca was becoming prominent at this time and had some noted trouble with Caligula. Seneca was strengthened in his Stoic convictions by this trouble and a note of fanaticism should come through as a result.

Messalina was quite young in 40 AD, but old enough to have an opinion and Herod was a friend of both Caligula and Claudius, and could facilitate a contest between Seneca and Claudius. I took most of the characterizations of these two minor figures from Graves.

Caligula's desire to cheat at dice lent itself well to a comparison with Claudius' book on dice. It is a comparison which became crucial to me, and so I made the situation revolve around this clash of ideas.

The kitchen location was appropriate and logical for Claudius because of his professed love for food and because there is no evidence he feared tampered food. Compared to the other emperors, he was seemingly more afraid of overt assassination , but not very afraid of covert poisoning, a contradiction which I resolved by assuming he would have hung around the palace kitchens and befriended the slaves in much the same way he befriended prostitutes and freemen. Through these friendships the slaves might save his life by warning him of danger, and he might have felt comfortable there.

The character of Seneca speaks in an uncharacteristically stilted way, frankly because I couldn't imitate his style while explaining his philosophy. I emphasized Seneca's absolutism more then Seneca does in his writings, because it is what is most objectionable to Claudius' philosophical doubt. The documents from Claudius' reign show a distinct relativism and yet a strength of conviction which can only be explained as philosophical doubt.

I leave the rest to the imagination. There is no point is explaining everything, or I need not have bothered making my arguments through a dialogue.

GRH


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