DERECHO ROMANO / tema 2 "La República"

Political Transition from Monarchy to Republic

Overview of the Roman Republic

• The discussion begins with a focus on the political transition from monarchy to republic in Rome, which lasted approximately 250 years and was characterized by seven kings.

• Emphasis is placed on King Servius Tullius, whose negative reforms led to public discontent and ultimately contributed to the end of the Roman monarchy.

Class Struggles: Patricians vs. Plebeians

• The period of the Republic (510 - 27 BC) saw significant conflict between patricians and plebeians, leading plebeians to consider abandoning Rome until they were persuaded otherwise.

• Plebeians gained representation through tribunes, who had inviolable status and could convene assemblies that allowed for plebiscites—decisions initially affecting only plebeians but later binding for all citizens.

Political Structure During the Republic

• The power structure included a Senate, popular assemblies (comitia), and magistrates; senators gained considerable influence over important decisions regarding war and peace.

• Plebeian inclusion in the Senate marked a shift towards greater equality between social classes over time.

Assemblies and Electoral Processes

• Comitia functioned similarly to previous periods but lost some importance; they dealt primarily with religious matters and private law without active citizen participation.

• New electoral assemblies emerged based on territorial divisions into tribes, impacting decision-making processes where rural tribes often held more power due to wealth.

Magistracies in Early Republican Rome

• The role of consuls replaced kingship; consuls served as civil and military leaders elected annually. Other magistrates like quaestors managed finances while censors oversaw moral conduct among officials.

• Dictators were appointed during crises for six months with absolute powers, highlighting an exceptional measure within governance structures.

Legal Developments in Roman Law

• By this stage in Roman history, formal sources of law emerged alongside customary practices; laws enacted by popular assemblies became crucial legal instruments.

Overview of Roman Law and the Twelve Tables

The Twelve Tables: Foundation of Roman Law

• The Twelve Tables served as a codification of law aimed at providing general regulations for all Roman citizens, including both patricians and plebeians.

• Each table addressed specific legal topics:

• Tables 1 & 2 focused on judicial organization and procedures.

• Table 3 dealt with insolvent debts, while Table 4 covered parental authority.

Legislative Developments in Rome

• Plebiscites were legislative measures initially binding only to plebeians but later extended to all citizens following the Lex Hortensia.

• Senate consultations became formal sources of law during the late Republic, reflecting an increasing legislative role for the Senate.

Role of Magistrates in Law Administration

• Magistrates such as praetors and ediles published edicts outlining their judicial approach upon taking office, typically for one year.

• These magistrates not only applied civil law but also created new laws through their interpretations and corrections based on practical situations.

Jurisprudence and Interpretation of Law

• Jurisprudence refers to opinions from jurisconsults regarding various legal issues presented by individuals or magistrates, shaping legal doctrine over time.

• Early jurisconsults were often priests who interpreted laws, merging divine rights with human laws, thus influencing the understanding of justice in ancient Rome.

Conclusion on Legal Evolution