Instruments of Legal Power in the Roman Republic

Keyword(s):  
2011 ◽  
Vol 2 (2) ◽  
pp. 141-156
Author(s):  
Michael Niehaus

Der Beginn der Epoche des Protokolls lässt sich auf das Ende der Römischen Republik datieren, sein eigentlicher Einsatz als Medium des Rechts beginnt mit der Einführung des schriftlichen Inquisitionsverfahrens im 13. Jh. Der Grundsatz der Wahrheitsermittlung von Amts wegen erfordert seiner Logik nach die Verschriftlichung eines Datenüberschusses, in der das Subjekt zum Objekt des Protokolls wird. Zugleich erweist sich das Protokoll als rechtlich nicht normierbare Grauzone, weil es keine klare Aufschreibregel geben kann, was ins Protokoll gehört und was nicht. </br></br>The age of the transcript begins with the end of the Roman republic; its actual adoption as medium of Law begins with the introduction of written inquisitional procedure in the 13 century. The establishment of truth as a legal principle necessitates the transcription of an excess of data, in which the subject becomes the record's object. At the same time, the transcript turns out to be a grey area, which cannot be legally standardized, because no rule can ultimately define what belongs to the record and what doesn't.


Author(s):  
Valentina Arena

Corruption was seen as a major factor in the collapse of Republican Rome, as Valentina Arena’s subsequent essay “Fighting Corruption: Political Thought and Practice in the Late Roman Republic” argues. It was in reaction to this perception of the Republic’s political fortunes that an array of legislative and institutional measures were established and continually reformed to become more effective. What this chapter shows is that, as in Greece, the public sphere was distinct from the private sphere and, importantly, it was within this distinction that the foundations of anticorruption measures lay. Moreover, it is difficult to defend the existence of a major disjuncture between moralistic discourses and legal-political institutions designed to patrol the public/private divide: both were part of the same discourse and strategy to curb corruption and improve government.


Author(s):  
Aruna Nair

This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence of fiduciary duties and are not available to holders of many types of property right. It argues that such claims instead presuppose a relationship of ‘control of assets’: where the defendant has a legal power to deal with some asset, correlating to a vulnerability to a loss of rights in that asset on the part of the claimant, and coupled with a duty not to exercise the power. It argues that relationships that have this formal structure also share normative characteristics that justify the subordination of defendant autonomy that has been shown to be at the heart of the tracing concept.


Author(s):  
Benjamí Costa

The formation of a Semitic society based on the island of Ibiza was the result of the superimposition, during the Archaic period, of two distinct elements: eastern Phoenicians and Punics. During the fifth and fourth centuries bce, Punic Ibiza reached its maximum economic and demographic development, possibly because of its role as a crucial agent of Carthaginian policy toward Iberian communities in the mainland and the Balearic Islands. After the Second Punic War, all defeated Punic states that sided with Carthage were left under the dominion of the Roman Republic. In the case of Punic Ibiza, the author proposes a process with three main steps: first, a deditio after the Second Punic War; second, a federation agreement, which could have taken place possibly after the Sertorian episode, in the year 81 bce; and third, the municipalization after the decree promulgated by Vespasianus in 74 ce, which converted Hispanic towns that were still peregrinae, like Ibiza, into municipalities ruled by the Latin Law.


1992 ◽  
Vol 85 (6) ◽  
pp. 732
Author(s):  
J. Drew Harrington ◽  
Michael C. Alexander
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