The Scipionic age: philanthropia

Polybius has some important information regarding Scipio and human rights. As the passages include several different technical expressions for that concept, it is proposed to retain the Greek in transliteration.

Polybius is dealing with Scipio in Africa, after his defeat of Hannibal. He tells Carthaginian envoys that Rome is not bound to give Carthage lenient terms (philanthropon) because by violating an existing treaty¹⁹ she has forfeited the right to pity or pardon. Nevertheless, adds Scipio, Rome will be clement and magnanimous, both for her own sake and in consideration of the common human condition (ta anthropina). Some of the terms will be severe, but there will be indulgences.²⁰ This seems to point to a two-tier system of diplomatic philanthropia. On the technical level one’s right to indulgence is defined by one’s record on treaty obligations; the Aetolians would argue for lenient terms because they had, they claimed, always honoured their treaty commitments (Pol. 20.9.7­8). But over and above those commitments there is the super- philanthropia which finds its rationale in the human condition, in â€?the common laws of mankind’.²¹

The treaty violation that troubled Scipio had occurred before the end of the African campaign, when Scipio had made a peace treaty and had it confirmed by the senate, only to find the Carthaginians blatantly violating its terms. Carthaginian envoys had entreated the Romans, in the name of the common fortune of mankind (he tyche ton anthropon), to forgo punishment (Pol. 15.1.8). Scipio ordered his legate to treat the envoys with due philanthropia. He did this not because they deserved it, but because it was the moral duty of Rome (15.4.1-11). This was followed by Hannibal’s return to Africa and Rome’s final victory.