The Two Great Republics: Rome and the United States — John Shaqi
The Two Great Republics: Rome and the United StatesLewis, James
History
The Two Great Republics: Rome and the United States
Lewis, James
Rome -- Politics and government -- 510-30 B.C.; United States -- Politics and government
The Third Punic War (149-146 B.C.), forced by Rome upon an almost
helpless antagonist, resulted in the complete overthrow of the
greatest of Rome's rivals. Carthage was completely destroyed, and
Africa became a Roman province.
The Achæan War (147-146 B.C.) resulted in the practical subjection of
all Greece to Rome; and between the years 143 and 133 B.C. the
conquest of Spain was completed.
The interest in Roman history during the period from 367 to 133 B.C.
is mainly centered in the military achievements of the republic, but
certain events in the political history of Rome during this period
must be noted before passing to a consideration of the violent
political conflicts which arose over the proposed reforms of the
Gracchi.
By the Lex Horatia and the Lex Publilia (339 B.C.) it was provided
that the _plebiscita_ (that is, the decrees of the comitia tributa)
should be binding as laws; that one of the censors must be a plebeian;
and that the subsequent ratification by the Senate should not be
necessary to render valid the laws passed by the comitia centuriata.
In 326 B.C. the Lex Poetelia Papiria prohibited debtors from assigning
themselves as security for debts. This did not interfere with the
selling of a debtor into slavery by means of the _legis actio per
manus injectionem_; it merely prohibited the debtor from using himself
as a special pledge to secure the payment of the debt.
In 304 B.C. the plebeians secured the publication of a manual
containing full information as to the proper steps in the proceedings
in the various _legis actiones_, and also as to the _dies fasti_. In
the early days at Rome all legal knowledge had belonged to the
patricians, who had always strenuously resisted any movement toward
making such information open to all. An exclusive knowledge of the law
is of great advantage to any special class in any community, and one
eagerly sought under different disguises in many countries. The
present attempt to monopolize legal education in the United States,
and to attack all movements which might tend to a general diffusion of
legal knowledge among the mass of the community, is merely another
manifestation of the same spirit which animated the Roman patricians
in their long contests to keep all legal knowledge away from the
plebeians. While the study of all professions which have no political
signification, such as that of medicine, may safely be regulated by
the government, and while the government may without injustice impose
proper qualifications upon those who desire to practice law as their
profession, any attempt of the government to restrict the teaching or
study of the law, or to impose upon those desiring to take bar
examinations restrictions intended merely to keep out of the
profession those not fortunate enough to belong to the wealthy
classes, can be intended only as an attack on democratic principles
and as an attempt to create a monopoly of legal learning for improper
purposes.
Public-domain text, read in full here on John Shaqi.
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