The Telos of Government
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Fractures: Political Identity in the Fall of the Roman Republic by Juan De
Fractures: Political Identity in the Fall of the Roman Republic by Juan De Dios Vela III, B.A. A Thesis In History Submitted to the Graduate Faculty of Texas Tech University in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS Approved Dr. Gary Edward Forsythe Chair of Committee Dr. John McDonald Howe Mark Sheridan Dean of the Graduate School August, 2019 Copyright 2019, Juan De Dios Vela Texas Tech University, Juan De Dios Vela III, August 2019 TABLE OF CONTENTS ABSTRACT ...................................................................................................................... iii INTRODUCTION............................................................................................................. 1 CHAPTER I: FOUNDATIONS..................................................................................... 13 Part one: Political Institutions ..................................................................................... 13 Part Two: Citizens, Latins, Colonies and the Social Web .................................... 23 Part Three: Magistrates and Local Control ........................................................... 26 Part Four: Patrons and Clients .................................................................................... 28 CHAPTER II: THE FIRST CRACKS ......................................................................... 32 The Gracchan Seditions ....................................................................................... 32 Impotent Interlopers ............................................................................................ -
The Lex Sempronia Agraria: a Soldier's Stipendum
THE LEX SEMPRONIA AGRARIA: A SOLDIER’S STIPENDUM by Raymond Richard Hill A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in History Boise State University August 2016 © 2016 Raymond Richard Hill ALL RIGHTS RESERVED BOISE STATE UNIVERSITY GRADUATE COLLEGE DEFENSE COMMITTEE AND FINAL READING APPROVALS of the thesis submitted by Raymond Richard Hill Thesis Title: The Lex Sempronia Agraria: A Soldier’s Stipendum Date of Final Oral Examination: 16 June 2016 The following individuals read and discussed the thesis submitted by student Raymond Richard Hill, and they evaluated his presentation and response to questions during the final oral examination. They found that the student passed the final oral examination. Katherine V. Huntley, Ph.D. Chair, Supervisory Committee Lisa McClain, Ph.D. Member, Supervisory Committee Lee Ann Turner, Ph.D. Member, Supervisory Committee The final reading approval of the thesis was granted by Katherine V. Huntley, Ph.D., Chair of the Supervisory Committee. The thesis was approved for the Graduate College by Jodi Chilson, M.F.A., Coordinator of Theses and Dissertations. DEDICATION To Kessa for all of her love, patience, guidance and support. iv ACKNOWLEDGEMENTS Thank you to Dr. Katherine Huntley for her hours spent proofing my work, providing insights and making suggestions on research materials. To Dr. Charles Matson Odahl who started this journey with me and first fired my curiosity about the Gracchi. To the history professors of Boise State University who helped me become a better scholar. v ABSTRACT This thesis examines mid-second century BCE Roman society to determine the forces at work that resulted in the passing of a radical piece of legislation known as the lex Sempronia agraria. -
University of Cincinnati
UNIVERSITY OF CINCINNATI Date: 11-09-2006 I, Mark Andrew Atwood, hereby submit this work as part of the requirements for the degree of: Master of Arts in: The Department of Classics It is entitled: Trajan’s Column: The Construction of Trajan’s Sepulcher in Urbe This work and its defense approved by: Chair: Peter van Minnen William Johnson Trajan’s Column: The Construction of Trajan’s Sepulcher in Urbe A thesis submitted to the Division of Research and Advanced Studies of the University of Cincinnati In partial fulfillment of the Requirements for the degree of MASTER OF ARTS in the Department of Classics of the College of Arts and Sciences 2006 By MARK ANDREW ATWOOD B.A., University of Minnesota, Minneapolis, MN 2004 Committee Chair: Dr. Peter van Minnen Abstract Eutropius (8.5.2) and Dio (69.2.3) record that after Trajan’s death in A.D. 117, his cremated remains were deposited in the pedestal of his column, a fact supported by archeological evidence. The Column of Trajan was located in urbe. Burial in urbe was prohibited except in certain circumstances. Therefore, scholars will not accept the notion that Trajan overtly built his column as his sepulcher. Contrary to this opinion, I argue that Trajan did in fact build his column to serve as his sepulcher. Chapter 1 examines the extensive scholarship on Trajan’s Column. Chapter 2 provides a critical discussion of the relevant Roman laws prohibiting urban burial. Chapter 3 discusses the ritual of burial in urbe as it relates to Trajan. Chapter 4 identifies the architectural precedent for Trajan’s Column and precedent for imperial burials in urbe. -
Roman Law and Global Constitutionalism
DOMINGO.DOCX (DO NOT DELETE) 2/6/2020 3:56 PM Roman Law and Global Constitutionalism RAFAEL DOMINGO* TABLE OF CONTENTS ABSTRACT ............................................................................................................217 I. INTRODUCTION ........................................................................................218 II. APPLYING SOME LESSONS FROM ROMAN LAW TO GLOBAL CONSTITUTIONALISM ...............................................................................221 A. Cosmopolitan Spirit .......................................................................221 B. Unwritten Constitution ..................................................................223 C. Respect for Tradition .....................................................................225 D. Nonsovereign State Paradigm .......................................................226 E. A Integrated Idea of Public Law....................................................228 F. Recovering the Idea of Necessity as a Source of Binding Law...................................................................................230 G. A Nonfoundational Approach to Constituent Power......................232 H. A Nonpositivist Approach to the Law.............................................235 I. Centrality of Litigation and Plurality of Jurisdictions...................237 J. A Practical Law Connected With Reality.......................................239 III. CONCLUSION ...........................................................................................240 ABSTRACT -
A COMPANION to the ROMAN ARMY Edited By
ACTA01 8/12/06 11:10 AM Page iii A COMPANION TO THE ROMAN ARMY Edited by Paul Erdkamp ACTA01 8/12/06 11:10 AM Page i A COMPANION TO THE ROMAN ARMY ACTA01 8/12/06 11:10 AM Page ii BLACKWELL COMPANIONS TO THE ANCIENT WORLD This series provides sophisticated and authoritative overviews of periods of ancient history, genres of classical lit- erature, and the most important themes in ancient culture. Each volume comprises between twenty-five and forty concise essays written by individual scholars within their area of specialization. The essays are written in a clear, provocative, and lively manner, designed for an international audience of scholars, students, and general readers. Ancient History Published A Companion to the Roman Army A Companion to the Classical Greek World Edited by Paul Erdkamp Edited by Konrad H. Kinzl A Companion to the Roman Republic A Companion to the Ancient Near East Edited by Nathan Rosenstein and Edited by Daniel C. Snell Robert Morstein-Marx A Companion to the Hellenistic World A Companion to the Roman Empire Edited by Andrew Erskine Edited by David S. Potter In preparation A Companion to Ancient History A Companion to Late Antiquity Edited by Andrew Erskine Edited by Philip Rousseau A Companion to Archaic Greece A Companion to Byzantium Edited by Kurt A. Raaflaub and Hans van Wees Edited by Elizabeth James A Companion to Julius Caesar Edited by Miriam Griffin Literature and Culture Published A Companion to Catullus A Companion to Greek Rhetoric Edited by Marilyn B. Skinner Edited by Ian Worthington A Companion to Greek Religion A Companion to Ancient Epic Edited by Daniel Ogden Edited by John Miles Foley A Companion to Classical Tradition A Companion to Greek Tragedy Edited by Craig W. -
Spaces of Roman Constitutionalism 26-28 September 2019
Spaces of Roman Constitutionalism 26-28 September 2019 Law, Governance and Space: Questioning the Foundations of the Republican Tradition (SpaceLaw) University of Helsinki Tieteiden talo (House of Science and Letters) Kirkkokatu 6, 00170 Helsinki Márlio Aguiar (University of São Paulo): Iurisdictio, ius dicere and ius dicentis officium in Roman legal tradition between the Republic and the Principate The word iurisdictio can be described as a basic historical concept (Geschichtliche Grundbegriff) in Roman legal and political history. It is at the same time a semantic unit that aims to explain a social phenomenon as a cognoscitive scientia or ars, and a normative concept which aims to act in social reality, concerned with the exercise of ius dicere to order the society. With the transformation and growth from the Republic to the Empire, not only the ius ciuile was marked with many changes, but 1 also the ius publicum (concerning the res publica, the princeps, the magistrates and the Roman officials) – and the iurisdictio was related with both private and public dimensions. After the lex Aebucia and the lex Plaetoria, from the mid and Late Republic until the Severan age, the Romans effectively used this concept within their own legal and cultural tradition of continuous modification of past concepts. The Romans later forged the nominalized form of the word that expressed the characteristics, symbols and acts of the “ius dicere”: praetors, aediles, the princeps, prases provinciarum, praefecti (and many of their legati) were all invested with some kind of iurisdictio, the ius dicentis officium (Ulp. D.2.1.1). The iurisdictio also played a large role in Roman legal history by its function in Roman civil procedure as the main function of the iudex appointed by the magistrate in the in iure stage for the trial in the stage apud iudicem. -
Roman History the LEGENDARY PERIOD of the KINGS (753
Roman History THE LEGENDARY PERIOD OF THE KINGS (753 - 510 B.C.) Rome was said to have been founded by Latin colonists from Alba Longa, a nearby city in ancient Latium. The legendary date of the founding was 753 B.C.; it was ascribed to Romulus and Remus, the twin sons of the daughter of the king of Alba Longa. Later legend carried the ancestry of the Romans back to the Trojans and their leader Aeneas, whose son Ascanius, or Iulus, was the founder and first king of Alba Longa. The tales concerning Romulus’s rule, notably the rape of the Sabine women and the war with the Sabines, point to an early infiltration of Sabine peoples or to a union of Latin and Sabine elements at the beginning. The three tribes that appear in the legend of Romulus as the parts of the new commonwealth suggest that Rome arose from the amalgamation of three stocks, thought to be Latin, Sabine, and Etruscan. The seven kings of the regal period begin with Romulus, from 753 to 715 B.C.; Lucius Tarquinius Superbus, from 534 to 510 B.C., the seventh and last king, whose tyrannical rule was overthrown when his son ravished Lucretia, the wife of a kinsman. Tarquinius was banished, and attempts by Etruscan or Latin cities to reinstate him on the throne at Rome were unavailing. Although the names, dates, and events of the regal period are considered as belonging to the realm of fiction and myth rather than to that of factual history, certain facts seem well attested: the existence of an early rule by kings; the growth of the city and its struggles with neighboring peoples; the conquest of Rome by Etruria and the establishment of a dynasty of Etruscan princes, symbolized by the rule of the Tarquins; the overthrow of this alien control; and the abolition of the kingship. -
Select Republican Political Institutions in Outline
____ APPENDIX: SELECT REPUBLICAN POLITICAL INSTITUTIONS IN OUTLINE (300 before 81; 600 down to 45 Bc; then 900 until SENATE. The main consiliu,’n (“advisory body”) of magistrates, itself consisting mainly of ex-magistrates step aside for others. What the Senate decided Augustus reduced it again to 600). The most senior magistrate available in Rome usually presided, but could the Senate long guided state administration and policy e,zatu.s consultant, abbreviated SC) was strictly only a recommendation to magistrates. But in actual fact, of imperium, triumphs; also the state religion, finance, and preliminary iii almost all matters, including wars, allocation of provinces, (eventually) all extensions in which case it is called patrum auctoritas. The 1isiussion of legislative bills, A SC could be vetoed (by a consul acting against his colleague, or by a tribune), more than advice. SC riltirnurn, first passed in 121, was employed in cases of extreme crisis, but again technically was no ASSEMBLIES (U: POPULUS. COMPOSED OF BOTH PATRICIANS AND PLEBEJANS (NON-PATRICIANS). cum imperia. Gave “military auspices” to consuls, praetors once elected by the Centuriate Assembly; also to dictators, non-magistrates was a consul (or sometimes apparently a practor); in Aserubly Validated in some way the powers of lower magistrates (aediles, quaestors). Its president curiae (“wards”) of the city. (c mitia Cicero’s day, it was enough for a lictor symbolically to represent each of the 30 voting (‘101010) (“infantry”), the latter divided into five classes, Centuriate Originally the army, which had centuriae as its constituent units. Equites (“cavalry”) and pedites A of these 193 voting units, not absolute A ,seni hlv ranked by census wealth, totalled 188 centuries; added to those were five unarmed centuries. -
Classical Influences on the United States Constitution from Ancient
John Carroll University Carroll Collected Senior Honors Projects Theses, Essays, and Senior Honors Projects Spring 2015 A Classy Constitution: Classical Influences on the United States Constitution from Ancient Greek and Roman History and Political Thought Shamir Brice John Carroll University, [email protected] Follow this and additional works at: http://collected.jcu.edu/honorspapers Part of the History Commons Recommended Citation Brice, Shamir, "A Classy Constitution: Classical Influences on the United States Constitution from Ancient Greek and Roman History and Political Thought" (2015). Senior Honors Projects. 85. http://collected.jcu.edu/honorspapers/85 This Honors Paper/Project is brought to you for free and open access by the Theses, Essays, and Senior Honors Projects at Carroll Collected. It has been accepted for inclusion in Senior Honors Projects by an authorized administrator of Carroll Collected. For more information, please contact [email protected]. Brice 1 Introduction The Constitution has been the flagship document of United States of America since 1787. After the short reign of the Articles of Confederation, the US Constitution has endured for well over two hundred years. The document that the Founding Fathers drafted in the late eighteenth century has survived after being amended with the Bill of Rights almost immediately after it was ratified by the states.1 The long life of the United States’ governing charter is a testament to the wisdom of the Founding Generation. The Founders were able to craft a constitution that established a system of government that has seen thirteen Atlantic colonies transform into a nation from sea to shining sea. When drafting the Constitution, the Founders are known to have been influenced by European philosophers such as John Locke, Jean-Jacques Rousseau, and the Baron de Montesquieu. -
Chapter 3 Early Rome
Chapter 3 Early Rome 1. THE WARLIKE MEDITERRANEAN Romans lived in a dangerous neighborhood. The whole of Italy was an anarchic world of contending tribes, independent cities, leagues of cities, and federations of pre-state tribes. The Mediterranean world beyond Italy was not much differ- ent. During the period of Rome’s emergence (ca. 500–300 b.c.) the Persian Empire consolidated its hold on the Middle East and the eastern Mediterranean, including parts of the Greek inhabited world, and for two centuries independent Greek city- states and Persians confronted each other, sometimes belligerently, and sometimes as allies. Simultaneously, individual Greek city states waged wars with each other as did alliances of Greek states among themselves. Wars lasted for generations. The great Peloponnesian War between Athens and Sparta and their allies raged in two phases from 460 to 446 b.c. and from 431 to 404 b.c. Sixty-five years later, Mace- donians subdued the squabbling city states of Greece, bringing a kind of order to that war-torn land. Four years after defeating the Greeks, the Macedonians under Alexander the Great went on to conquer the Persian Empire. Their power reached from the Aegean to Afghanistan and India, but not for long as a unified state. After Alexander’s death his successors quarreled and fought each other to a standstill. While these wars were going on in the eastern Mediterranean the Phoenician colony of Carthage emerged as a belligerent, imperialistic power in the western Mediterranean. Just a three- or four-day sail from Rome, Carthage was potentially a much more dangerous than any power in Italy. -
Romanrepublic Part II
z From monarchy to Republic . Magistrates took the role of the king and spread the power among the rich and powerful. Phenomenon in various cities (remember so far, the political organization is at a local level, no unified greater region yet). Frequent displacement of kings in various cities. Ideological aversion to monarchy and tyranny. Predominance of CONSULSHIP would not become as fixed until later in the 4th century. Things are still fluid in the first couple of centuries of the Republic. TWO Consuls. z z TWELVE TABLES . Let’s look at what we know about the earliest legal system in place. The so called TWELVE TABLES were Rome’s first written law (mid 5th century), also can be seen as a first ‘constitution’ as the law code of the twelve Tables mentions the ‘greatest assembly’ that gives judicial rulings. The very word ‘greatest’ implies the existence of many assemblies. z Content of Twelve Tables . Not a law in the modern sense of the word . Did not attempt systematic treatment of all the law but was more of a collection of specific and rather narrow provisions, a better fit for a society where the household is the foundational unit of social life and has not yet evolved politically. Addressed issues of inheritance, marriage and divorce, rights of the father of the household (PATRIA POTESTAS), regulated land boundaries, farm buildings and fences, slaves, and specified penalties. z z z z What exactly was the Role of the Senate? . The Senate . Under the king, the Senate was only an advisory committee who ratified election of the king by the popular assemblies. -
CRIMEN LAESAE MAIESTATIS a Tudy of Oman Aw Nfluences N Ld Oland S
CRIMEN LAESAE MAIESTATIS AsRliioP tudy of oman aw nfluences n ld oland Publications of the Faculty of Law, Canon Law and Administration of the John Paul II Catholic Univ ersity of Lublin V6olume EDITORIAL BOARD Piotr Stanisz (C hair) Artur Kuś Sławomir Fundowicz Delaine Swenson Leszek Adamowicz Magdalena Pyter Marzena Dyjakowska CRIMEN LAESAE MAIESTATIS AsRliioP tudy of oman aw nfluences n ld oland Wydawnictwo KUL Lublin 2013 English translation Konrad Szulga Typesetting Patrycja Czerniak Cover design Agnieszka Gawryszuk On the cover U. Tengler, Leyenspiegel. Von rechtmässigen ordnungen in Burgerlichen und Peinlichen Regimenten. Mit additionen ursprüngklicher rechtsprüchen. Auch der Göldin Bulla, Königklicher Reformation, Landtfriden…, Strassburg 1530 © Copyright by Wydawnictwo KUL, Lublin 2013 ISBN 978-83-7702-784-4 PUBLISHER Wydawnictwo KUL PRINTING AND BINDING ul. Zbożowa 61, 20-827 Lublin elpil tel. 81 740-93-40, fax 81 740-93-50 ul. Artyleryjska 11 e-mail: [email protected] 08-110 Siedlce http:// wydawnictwo.kul.lublin.pl e-mail: [email protected] Contents List of Abbreviations . 9 Introduction . 11 Section 1 The Subject of the Research . 11 Section 2 The Sources . 12 Section 3 The Research Literature . 14 Section 4 The Aim of This Work and Research Problems . 17 Section 5 The Structure of This Work . 19 CHAPTER I The Roman Roots of Crimen Maiestatis Section 6 The Roman Notion of Maiestas . 21 Section 7 Perduellio and Crimen Maiestatis in Roman Legal Sources . 28 Section 8 Roman Legislation on Perduellio and Crimen Maiestatis . 32 Section 9 Offences Classified in Roman Law as Lese-Majesty . 40 Section 10 Punishability of the Stage-Dependent Forms of an Offence .