The Model of Voting in Cicero’s Best State

In the proposed law-code in De legibus there is a law that votes are to be known by the best citizens (the optimates) but free to the common people (the plebs) (3.10). This law, Cicero claims, grants ‘the appearance of liberty’ (libertatis species), preserves the authority (auctoritas) of the optimates, and promotes harmony between the classes (3.39). The law and the precise meaning of libertatis species remain opaque even with the lengthy commentary (3.33–39), and much scholarly debate and discussion has arisen as a result – most of it very critical of Cicero’s proposal and the arguments supporting it. This paper offers a fresh analysis of the voting law that is more charitable to Cicero. It unpacks the full details of the voting system that is developed in De legibus and sheds new light on developments in Cicero’s thinking about the best state.