Roman Law: Pt.1 (Pt.2 in mindmaps) Flashcards
Describe the political system of Rome until the year 509 BC
-Kingdom
-Kind at the head
-had imperium
-gave him the power 2 enact edicts
-2nd rule-making power–> legis.–> comitia
-each Roman citz. took part
-pub. assemb.
-dec. conferred then had PoL
-lex
-Consultary body –>Senate
-chosen from patrician families
-gave advice 2 kind but no legislative power
-NO POL
Why was the Roman monarchy overthrown according to the traditional story?
-Tarquinius Superbus’ son raped the noblewoman Lucretia
-Tells some noblemen
-kills herself
-uprising led by nobleman against king
-Nephew Brutus + o. noblemen obtain the support of arist. + ppl 2 expel king
-+ Create a republic
-forced king’s family into exile
Define what imperium was
-Supreme power
-Rel. power
-Military power
-Judicial power
-‘Legal power- able to enact EDICTS
Describe the political system of Rome from 509BC-27BC
-Republic
-Consulship within that republic
-Two consuls had the head, in theory both had imperium
-But time limit:
-consuls appointed one year
-AFTER public election
-Had power of intercessio
-could veto each others decision
-cokmbat the idea of one person hv. supreme power
-Comitia still remained
-Senatconsulta as well
What were the sources of law during the Kingdom of Rome and note their significance
-Edict s(executive ordinances)
-Lex/leges
- Law not proposed by citizens but by emperor
-but voted on by the people
-unwritten customary law
Edict<-> leges thought to be equal atp
What were the sources of law during the Republic of Rome and describe the process of enacting them
-Edicts (executive ordinances)
-Lex/leges
-Magistrate head. prop.
-Sen. consult.
-Mag. called for pub. ass. COMITIA
-People could vote ‘yes’ or no
-agreed on bill became statute
-decided on how long it lasted
-indefinite power ind. of imp. of consul
During the days of the Republic, what was the superior source of law, the edicts or the lex?
-lex
-bottom-top law
-to please the masses who were unhappy with the consul(publius valerius) of the time
Describe the Voting Procedure in the Comitia
-Only male citizens could participate in the comitia
-voting by group(classes)
-no representative person
-all citizens aseembled
‘Democracy of the elite’
-very often new Romans (plebians) felt outvoted
-‘elite’ patrician famillies run suppreme
Describe the social classes in Rome
King
Royal family
Patricians
-ranked just before king +rel.
-descendants of Rome’s founding fathers
-provided POL., REL, MIL. leadership
Plebians
-(Not patrician)
NB: Roman classes are not socio-economic differences but differences in connection to the ff
Describe why dissatisfaction of the plevians against the patricians built up
-Consul had to be a patrician
-Those most gov. powerful were all de iure held by patr.
-priests
-judges
-senate
-unable to enact decisions more fair/ in their favour
-Often outvoted even in democratic processes (i.e: public assemblies)
No rep. + political power/ outlet for change for them
Note the rebellions of the peblians against the patricians
Secessio plebis
Demand for Codification
Demand for consulship
What was the overaching purpose of the Conflict of Orders
2 gain political eq. between plebs. and patricians
Describe the events of the Secessio Plebis
Plebs aband. city en masse
-worskhops, commerce shot down
-made up vast maj. of pop.
-lotsa dysfunction
-in eff. a strike
-Went up Mons Sacer
-out. demands
Describe the outcome of the Secessio Plebis
-Conecssions given to plebs:
-Tribunus Plebis
-pleb trib. with veto power in comitia
-could safeguard interest
-block dec. of pat. mag. (any elected official of rome, e.g: consul) ask runia
-but no power to enact own legislation through this off.
Explain why the plebians wanted the codification of law
-Judges were patrician
-Room for discrimination/ preference of other pat. in dec.
-they had leg. cert. of having connections
-based rulings on unwr. rules of custom
-No legal certainty
-no awareness of own rights
