🏟️Ancient Rome Unit 3 – Roman Government and Law

Key Concepts and Terms

• Res publica the Roman state and its system of government
• Imperium the supreme executive power held by consuls and other magistrates
• Auctoritas the authority and influence held by the Senate and other prominent individuals
• Mos maiorum the unwritten code of conduct and traditional values that guided Roman society
• Cursus honorum the sequential order of public offices held by aspiring politicians
• Provocatio the right of Roman citizens to appeal against the decisions of magistrates
• Corpus Juris Civilis the comprehensive collection of Roman law compiled under Emperor Justinian I
• Twelve Tables the earliest written collection of Roman laws, forming the foundation of the Roman legal system

Historical Context and Development

• Roman government evolved from a monarchy to a republic and eventually to an empire
  • Monarchy (753-509 BCE) ruled by kings
  • Republic (509-27 BCE) power shared among the Senate, assemblies, and elected magistrates
  • Empire (27 BCE-476 CE) centralized power under an emperor
• The Roman Republic emerged after the overthrow of the last Etruscan king, Tarquinius Superbus, in 509 BCE
• The Republic was characterized by a system of checks and balances among various institutions
• The Conflict of the Orders (494-287 BCE) struggle between the patricians and plebeians for political equality
  • Led to the creation of the office of tribune of the plebs to protect plebeian interests
• The Punic Wars (264-146 BCE) against Carthage led to Rome's expansion and the acquisition of new territories
• The Late Republic (133-27 BCE) marked by political instability, civil wars, and the rise of powerful individuals like Julius Caesar
• The establishment of the Principate under Augustus in 27 BCE marked the beginning of the Roman Empire

Structure of Roman Government

• The Roman Republic had a mixed constitution, combining elements of monarchy, aristocracy, and democracy
• The Senate served as an advisory body to the magistrates and played a significant role in shaping policy
  • Composed of former magistrates and members of the patrician class
  • Controlled state finances and foreign policy
• The assemblies, such as the Comitia Centuriata and Comitia Tributa, elected magistrates and passed laws
  • Comitia Centuriata elected consuls, praetors, and censors; declared war and peace
  • Comitia Tributa elected lower magistrates and passed most legislation
• Magistrates, such as consuls, praetors, and tribunes, held executive power and enforced laws
  • Consuls (2) held the highest executive power and commanded the army
  • Praetors (8) administered justice and governed provinces
  • Tribunes of the plebs (10) protected the rights of plebeians and could veto actions of the Senate and other magistrates
• The Roman Empire maintained some republican institutions but concentrated power in the hands of the emperor
  • The Senate became increasingly subordinate to the emperor
  • The assemblies lost their legislative and electoral powers

Major Political Institutions

• The Senate the most important institution in the Roman Republic
  • Advised magistrates, controlled finances, and conducted foreign policy
  • Membership was initially limited to patricians but later opened to wealthy plebeians
  • Senatorial decrees (senatus consulta) had the force of law
• The assemblies elected magistrates and passed laws
  • Comitia Centuriata assembly of the soldiers, elected higher magistrates and declared war
  • Comitia Tributa tribal assembly, elected lower magistrates and passed most legislation
  • Concilium Plebis plebeian assembly, elected tribunes and passed plebiscites (laws binding on all citizens)
• The magistrates executive officials who enforced laws and carried out government functions
  • Consuls (2) highest-ranking magistrates, held imperium and commanded the army
  • Praetors (8) administered justice and governed provinces
  • Tribunes of the plebs (10) protected plebeian rights and could veto actions of other magistrates
  • Quaestors (20) financial officials who managed the treasury and collected taxes
  • Aediles (4) maintained public buildings, managed festivals, and supervised markets
  • Censors (2) conducted the census, assessed property, and supervised public morals

Roman Legal System

• The Roman legal system was based on a combination of written laws, unwritten customs, and legal interpretations
• The Twelve Tables (451-450 BCE) the earliest written collection of Roman laws
  • Covered various aspects of private and public law
  • Established the principle of equality before the law for all Roman citizens
• The Praetor's Edict annual proclamation by the praetor outlining legal principles and remedies
  • Introduced new legal concepts and procedures, such as equity (aequitas)
  • Contributed to the development of the ius honorarium (magisterial law)
• Jurists legal scholars who interpreted and developed Roman law
  • Provided legal opinions (responsa) and wrote treatises on various aspects of law
  • Famous jurists include Gaius, Ulpian, and Papinian
• The Corpus Juris Civilis (6th century CE) the comprehensive codification of Roman law under Emperor Justinian I
  • Consisted of the Codex (imperial constitutions), Digesta (writings of jurists), Institutiones (legal textbook), and Novellae (new laws)
  • Served as the basis for many European legal systems

Significant Laws and Reforms

• Lex Hortensia (287 BCE) made plebiscites binding on all Roman citizens
• Lex Aquilia (c. 286 BCE) established the principles of tort law and compensation for damages
• Lex Claudia (218 BCE) prohibited senators from engaging in commercial activities
• Leges Corneliae (81 BCE) Sulla's reforms that strengthened the power of the Senate and restricted the tribunate
• Lex Julia de Maritandis Ordinibus (18 BCE) Augustus' marriage law that encouraged marriage and childbearing among the upper classes
• Lex Papia Poppaea (9 CE) further provisions to Augustus' marriage law, including penalties for celibacy and rewards for having children
• Constitutio Antoniniana (212 CE) granted Roman citizenship to all free inhabitants of the empire
• Codex Theodosianus (438 CE) compilation of imperial constitutions from the time of Constantine I to Theodosius II

Impact on Modern Governance

• The concept of the separation of powers in modern governments can be traced back to the Roman system of checks and balances
• The idea of a mixed constitution, combining elements of monarchy, aristocracy, and democracy, influenced later political thinkers like Polybius and Montesquieu
• Roman law served as the foundation for many European legal systems, such as the civil law systems of France, Germany, and Italy
  • The Corpus Juris Civilis was rediscovered in the 11th century and became the basis for the study of law in medieval universities
• The Roman legal principle of "innocent until proven guilty" is a cornerstone of modern criminal justice systems
• The Roman concept of citizenship, with its rights and duties, has influenced modern notions of citizenship and civic participation
• The Roman Republic's struggle with balancing the interests of different social classes and the challenges of empire has provided lessons for modern democracies

Key Figures and Their Contributions

• Lucius Junius Brutus (6th century BCE) led the overthrow of the Roman monarchy and became one of the first consuls of the Roman Republic
• Appius Claudius Caecus (4th-3rd century BCE) censor and consul who built the Appian Way and reformed the Roman legal system
• Tiberius Gracchus (2nd century BCE) tribune who proposed land reforms to address inequality and support small farmers
• Gaius Gracchus (2nd century BCE) tribune and brother of Tiberius, who continued his reforms and introduced the lex frumentaria (grain law)
• Lucius Cornelius Sulla (2nd-1st century BCE) dictator who strengthened the power of the Senate and restricted the tribunate through his reforms (leges Corneliae)
• Marcus Tullius Cicero (1st century BCE) orator, statesman, and philosopher who exposed the Catiline conspiracy and wrote extensively on politics and law
• Gaius Julius Caesar (1st century BCE) general, statesman, and dictator who conquered Gaul, defeated Pompey in a civil war, and centralized power in his own hands
• Augustus (1st century BCE-1st century CE) first Roman emperor who established the Principate and introduced various social and legal reforms
• Gaius (2nd century CE) jurist who wrote the Institutiones, a legal textbook that became part of Justinian's Corpus Juris Civilis
• Justinian I (6th century CE) Byzantine emperor who ordered the compilation of the Corpus Juris Civilis, which codified and preserved Roman law for future generations