Emergency powers are widely held to have contributed in important ways to the Roman Republic's demise and to the erection of the Principate. The debate waged during the late Republic over such powers is certainly one of the most prominent features in late Republican political thought and controversy, and it would be hard to overlook the fact that it was a debate over constitutional principle. Taking seriously the constitutional character of that debate, this article seeks (...) to answer the question of whether it makes sense to attribute to the Roman Republic something like the concept of a constitution in the first place. It is argued that on the level of political thought the term 'constitution' can indeed profitably and accurately be applied to a set of rules that were thought both to be more entrenched and to be more important than other rules. Thus it makes perfect sense to speak of a Roman Republican constitution, without scare quotes, at least in the realm of political thought. Furthermore it is suggested that it makes sense to speak of a Roman republican constitution in the realm of institutional reality as well since political and more specifically constitutional thought informed and influenced some of the republican institutions and their functioning to a considerable extent. (shrink)

This is a comprehensive analysis of the idea of libertas and its conflicting uses in the political struggles of the late Roman Republic. By reconstructing Roman political thinking about liberty against the background of Classical and Hellenistic thought, it excavates two distinct intellectual traditions on the means allowing for the preservation and the loss of libertas. Considering the interplay of these traditions in the political debates of the first century BC, Dr Arena offers a significant reinterpretation (...) of the political struggles of the time as well as a radical reappraisal of the role played by the idea of liberty in the practice of politics. She argues that, as a result of its uses in rhetorical debates, libertas underwent a form of conceptual change at the end of the Republic and came to legitimise a new course of politics, which led progressively to the transformation of the whole political system. (shrink)

In a previous article I argued that the promulgatio trinundinum, regularly necessary before a vote in a legislative assembly, an election, or a iudicium populi during the late Roman Republic, was not the declaration of an interval of time but a publication of the proposed business which had to be made over three market-days or nundinae. These market-days occurred continuously at eight-day intervals, and no fresh start was made at the beginning of a year or other period. (...) So the identification of nundinae near the time when a law or other piece of public business was being transacted should provide evidence for or against my view, and further, if this view is sound, suggest more precisely the dates on which certain events occurred. (shrink)

The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share (...) the jurists' preoccupations with cases and private property. The relevance of this cross-fertilization for present-day law and philosophy cannot be overestimated: in law, its legacy includes the academic study of law and the Western models of dispute resolution, while in philosophy, the method of casuistry and the concept of just property. (shrink)

Masked revelry, the quaffing of large amounts of wine and the sound of flutes … this cavalcade would pass through the streets of Rome every 13th June, even crossing the forum itself. As we will show later on, a connection can be established between this celebration (theQuinquatrus minusculae) and the statue of Marsyas, the acolyte of Dionysus, which stood in the forum and was associated with freedom, wine and charivari. In turn, this connection will open the way for a new (...) interpretation of the multiple meanings of the feast and the satyr in the highly charged political atmosphere of Late Republican Rome. The main aim of this study will be to show, in the third part of this article, howpopularespoliticians tried to exploit the opportunities presented to them by religious festivities andludito draw more of the public into theircontionesor to obtain a favourable verdict in a political trial. (shrink)

Name der Zeitschrift: Klio Jahrgang: 98 Heft: 1 Seiten: 203-227.

The most famous chapter of Montesquieu’s _ The Spirit of the Laws _ (1748), Book XI, Chapter 6, 'On the constitution of England,' was an important i nspiration to the creators of modern constitutions, to which they often referred. However, as a result of scholarly focus on the political institutions discussed in this book, Montesquieu’s economic analysis has been woefully neglected. In order to correct this scholarly imbalance, this paper will elucidate the essential significance of Montesquieu’s comparison between the constitution (...) of modern England and that of ancient Rome in Book XI of _ The Spirit of the Laws _ ; inextricable relationship between military and political institutions on the one hand, and the transfer and distribution of wealth on the other. To argue this point, this paper will focus on Montesquieu’s other writings in the same year and shortly after the publication of _ The Spirit of the Laws _ : the revised edition in 1748 of _ The Considerations on the Causes of the Greatness of t... _. (shrink)

The role of Greek thought in the final days of the Roman republic is a topic that has garnered much attention in recent years. This volume of essays, commissioned specially from a distinguished international group of scholars, explores the role and influence of Greek philosophy, specifically Epicureanism, in the late republic. It focuses primarily (although not exclusively) on the works and views of Cicero, premier politician and Roman philosopher of the day, and Lucretius, foremost among (...) the representatives and supporters of Epicureanism at the time. Throughout the volume, the impact of such disparate reception on the part of these leading authors is explored in a way that illuminates the popularity as well as the controversy attached to the followers of Epicurus in Italy, ranging from ethical and political concerns to the understanding of scientific and celestial phenomena. (shrink)

This book examines how the Romans came to have a literature, how that literature reflected native and foreign impulses, and how it formed a legacy for subsequent generations have become central questions in the cultural history of the Republic. It examines the problem of Rome's literary development by shifting attention from Rome's writers to its readers. The literature we traditionally call 'early' is seen to be a product less of the mid-Republic, when poetic texts began to circulate, than (...) of the late Republic, when they were systematically collected, canonized, and put to new social and artistic uses. Imposing on texts the name and function of literature was often a retrospective activity. This book explores the development of this literary sensibility from the Romans' early interest in epic and drama, through the invention of satire and the eventual enshrining of books in the public collections important to Horace and Ovid. (shrink)

Some of the best recent work on Roman priesthoods under the Republic has engaged with the issue of priestly authority and its role in defining the place of priesthoods vis-à-vis other centres of power, influence and knowledge. The aim of this paper is to make a contribution to this line of enquiry by focussing on the concept of priestlyauctoritas, which has seldom received close attention. The working hypothesis is that the study of priestlyauctoritasmay contribute to a broader understanding (...) of the place of priesthood in Republican Rome, and especially in the Late Republican period, from which most of the evidence derives. The link between religious authority and religious expertise requires special attention. (shrink)

This article presents reasons to believe that the following two statements are true of at least some of the laws that established criminal quaestiones in the Late Roman Republic: 1. Once a verdict was given, the defendant could not (with certain exceptions) be put on trial again under that law for acts that he had committed before the trial. 2. The prosecutor was not limited by any list of charges submitted at the beginning of the trial, as (...) to the charges he was allowed to bring before the jurors in his oration(s) and presentation of testimony. (shrink)

Auxiliaries are usually studied in the late Republic or the Imperial period. Despite this emphasis in modern research, auxiliaries were employed in substantial numbers during the third and second centuries BCE. Auxiliaries did make a crucial contribution to the Roman war effort in the Middle Republic, providing a substantial part of Rome’s military manpower. These troops were most often financed by the community providing them, allowing the Roman state to save a great deal of money (...) if similar numbers of Roman citizens had been deployed instead. This enabled the Roman state to significantly bolster its ability to project military power without having to implement additional financing mechanisms. Along with the use of auxiliaries, the suspension of tributum after the third Macedonian War seemed to have followed a policy of decreasing the burden of financing war for Roman assidui. (shrink)

LUCRETIUS AND THE LATE REPUBLIC . Roman Intellectual History The history of human values is the history of changing notions about truth and reality, ...

Summary This article reinterprets Dio’s view of the fall of the Republic by arguing that Dio viewed institutional political competition, rather than ambitious individuals, as the central destructive driving force in the Late Republic. Dio’s interpretation is hereby unique among ancient historiography. This interpretation has been skilfully interwoven in the general narrative and only by reading Book 39 as a whole, does the interpretation emerge. According to Dio, institutional competition became inherently destructive in the Late (...) class='Hi'>Republic and Book 39 is absolutely fundamental in understanding this transformation and the consequent failure of the Roman δημοκρατία. (shrink)