Historical background
During the last hundred years of its existence the Roman Republic was in constant turmoil. The clashes in the wake of the Gracchian reform legislation had set a pattern of political violence which was to lead, eventually, to the downfall of the old order.
Violence was used to force legislation through an assembly and to influence the outcome of elections and of trials.[3357] We read of tribunes, praetors[3358] and candidates for the consulate being lynched, of a consul being stoned and his fasces broken, of riots at assemblies, attacks of the mob on the Senate and of politicians cutting their adversaries off in midspeech by blocking their mouths.[3359] Since the days of the infamous Publius Clodius Pulcher[3360] (himself murdered after a brawl on the via Appia), armed gangs, composed of slaves, freedmen and urban poor were employed to maraud the streets and to intimidate political opponents.[3361] From time to time, a state of emergency had to be declared by passing the senatus consultum ultimum.[3362] Even a man like Cicero,"who possessed by temperament and education refined sensibilities and a horror of internecine strife, encouraged violence, if it was undertaken by the boni in defence of the established order against the audaces and improbi who sought to disturb it.... The Romans of the Republic seem genuinely to have considered it an essential constituent of libertas that a man should be allowed to use force in his personal interest to secure what he believed to be his due. So, when a conflict could not be resolved constitutionally, it was not surprising that the frustrated party employed violence, and this in turn frequently could not be countered except by further partisan violence. This vicious circle continued until the military force which was finally summoned to break it moved the conflict to the higher plane of civil war".[3363]
In the provinces, people lived in constant fear of being extorted and exploited by corrupt governors and their agents. Being in a position of supreme authority, unchecked by a colleague or tribunus plebis, a provincial governor was often tempted to use his term of office to recover financially from the election campaigns fought at home, and to prepare his private purse for those that were yet to lead him to even higher office. The leges de rebus repetundis8 (the mere volume of which is in itself an indication of the size of the problem) did little to ameliorate the situation: Rome was far away, and even if the worst came to the worst, a guilty governor could always slip away from Rome to the sanctuary of a provincial town.9
2.
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- General Historical Background
- General Historical Background
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- General Historical Background
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- Historical institutionalism
- THE HISTORICAL SCHOOL AND PANDECT LAW
- CHAPTER V The historical record