Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The Roman constitution, in the form in which we have left it at the
close of the period of its growth, was the chaotic result of attempts
to arrest internal revolution, and of feeble and misdirected efforts to
readjust the relations of outworn powers. A state in which three popular
assemblies have each the right of passing binding acts of parliament, in
which twenty magistrates with clashing authority have each the right of
eliciting the sovereign will of the people, possesses no organisation
which can satisfy the need for which constitutions exist—the ordered
arrangement of all the wants of civic life by means of a series of
uniform acts possessing perpetual validity. It is true that the search
for a personal authority is the object of theoretic, not of practical,
inquiry. The average man, who is fortunately the power that in the long
run determines the shape that politics shall assume, seeks law alone and
cares nothing for its source. The vagueness of the ultimate power does
not affect him, if the rules it lays down are rigid and binding; he will
accept principles in place of persons, and by doing so he proves that he
is more scientific than the scientists. But the fundamental principles
that lie behind the personal power in a state are too vast in their
scope to apply immediately to the needs of human life. They require
interpretation by means of legislative and executive authorities; and if
these acts of interpretation are to have the character of principles,
the dictating authorities must have a fixed character and a permanent
life, and there must be some guarantee that they shall submit their
judgments to the accumulated experience of the past. No such character
and no such guarantee were to be found in the existing elements of the
Roman state which had strict legal recognition. The _comitia_ could,
like a parliament in a modern state where no provision for a constituent
assembly exists, go on in an endless career of constitution-making; the
magistrates could interpret the laws at their own will, and by fighting
out the merits of their rival interpretations amongst themselves paralyse
the state or plunge it into anarchy. It was felt that a central power
must reside somewhere, a power which should guide the people and control
the magistrates, a power which should above all avert the terrible
conflicts between rival authorities so amply encouraged by the existing
law.
Public-domain text, read in full here on John Shaqi.
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