Commercium trading options
There were three main constitutional epochs: In all three periods the accounts analyze the constitution in terms of four main elements: The monarchy was a kin-based society with an elected king held in check by kin-group leaders.
In the republican period, government was based on elected officers and popular assemblies arranged in a complex system of checks and balances. The empire was centralized and totalitarian. As the systems differed, so did their basic view of the source of law and of the legitimacy of legal institutions. In general law was held to be the will of the Gods, but exactly how that will was to be known and expressed varied radically.
For the monarchy, the king was the chief authority on the law. The Empire returned to the monarchial idea: In all periods, the social classes were clearly marked and a matter of public record. At about the time of the end of monarchy, when myth begins to give way to history, there are two classes or orders and each is organized differently. The dominant class are the patricians, also in different aspects commercium trading options the patres and the cives.
The patres alone had legal rights, including the rights to vote and hold office. They alone made up the army and paid the taxes, and they alone were entitled to legal protection in their relationships with one another, the protection of the commercium and commercium trading options.
Commercium was Roman contract law. It provided forms to enter agreements, buy, sell, borrow, rent or pledge goods, adopt a person, or free a slave or a member of one's household. Connubium was Roman family law, and conveyed the right to legally marry other citizens. It also allowed one to enter the Roman religious community — a prerequisite for voting commercium trading options holding office Sandars The second order, the plebs, originally had none of these rights or duties.
They neither served in the military nor paid taxes. Although there was occupational diversity in both classes, the policy commercium trading options of the patres were those of large, well-capitalized, commercial farmers who produced crops like wine and oil and among other things could treat large areas of public land as their own for farming and grazing. Commercium trading options relationship between the two classes was clientship. Patrician commercium trading options had plebian clients who worked for them and provided political support.
The commercium trading options client comes from the word meaning "listener. In the commercium trading options system, the patricians were divided into three tribes tribuseach tribe into ten curiae, and each of these in turn into ten decuriae, the gens clans.
The comitia curiata was a great council consisting of the heads of all the families. When legislation was required, it was formulated by the Senate and submitted for approval to the comitia curiata.
If approved it was enforced by the king. Kingship was not hereditary. The king was nominated by the Senate but elected by the curies Sandars The term of office was not fixed. The king was the commander in commercium trading options, the chief priest and in this capacity the principle authority on the commercium trading optionsand the supreme commercium trading options. Having seized the office by force Tarquin ruled by force, according to Livy 1. Servius is credited with a series of constitutional reforms that set the stage for the republic, and Livy remarks that according to some commercium trading options he had wanted to abdicate in commercium trading options of a republican government.
Among other things, he undertook a census of the entire population and on this basis grouped every adult man into a system of military classes according to their wealth.
There were five classes of infantry and two classes more at either extreme. The latter two were the equites and the proletariat. The equites knights were charged with maintaining horses and making up the cavalry, receiving an allowance from the state for the purpose. The proletariat were those commercium trading options had little or nothing and whose only obligation was to provide sons. Voting was commercium trading options class. The majority in each century determined who got its vote.
There were initially centuries in all. The equestrians and first class of infantry were commercium trading options into 18 and Thus they alone held a majority. According to Livy, classes after the first two were called upon to vote only until a majority was obtained. The last classes were seldom called commercium trading options. Voting was by voice until BC, when ballots were introduced.
Republican magistrates were divided into those who exercised imperium — the power to commercium trading options — and those who did not. Those who exercised imperium were elected by the assembly of centuries. These were the highest ranking magistrates, consul and praetor and, later, censor, and curile aedile. Election did not confer the imperium, however. That was done separately by the comitia curiata, which continued to exist and which voted separately to ratify the election.
Magistrates served for fixed terms of one year. While in office they were sacrosanct, inviolable in their person. Initially, the chief magistrates commercium trading options by the assembly of centuries were praetors, "generals" with the closest counterpart of the king being the Praetor Maximus. The office had also existed under the kings.
Soon, however, this was replaced by the office of consul. The consul was a divided commercium trading options, one office held by two people. Both had to act together, and either could annul the action of the other. It may have been intended that one of the consuls would be from the plebes, although commercium trading options was not always done. In the event of a national emergency, the senate could direct one of commercium trading options consuls to appoint a dictator.
The dictator acted with the full authority of both consuls, but only for a term of six months. No one could be consul who had not previously served as praetor Petit In theory, what a consul or praetor could do was limited only by the rank of his imperium, except that any magistrate could reverse the action of another whose imperium was equal or lesser and in capital offences the defendant had the right of appeal to the populace, represented by the comitia centuriata.
Within the city, the sticks were tied with thongs into a bundle around the axe. Commercium trading options stated meaning was that within the city the magistrates were under the higher authority of the Roman populace; outside, they were not. Writers disagree over whether praetors ceased to be elected for a time after the consuls were created and were later restored or whether they existed continuously cf. In any case, in BC commercium trading options historically important commercium trading options was made between the commercium trading options urbanus and commercium trading options praetor perigrinus.
The first was to oversee law and legal disputes between Roman citizens. The latter was concerned with law in the provinces and disputes involving foreigners. The number increased to four aftersix afterand 8 under the dictatorship of Sulla BC. Some of these were specifically to serve as provincial governors.
There were originally four in the city itself and sixteen in the outlying areas. By BC, the total had increased to The comitia tributa could be convened by either a consul or a praetor. Since they were not a military assembly, their meetings were held inside the sacred boundary of the city.
They elected minor magistrates, heard criminal appeals above a certain value, and enacted leges laws Thomas Since there was no weighting by wealth, the plebs had a greater voice here than in the assembly of centuries. With the constitution of the comitia centuriata and the territorial comitia tributa, the plebs became part of populus Romanum and obtained the right to connubium and commercium, although they were at first still prohibited from marriage with patrician families.
With the admission of the plebs to the populus, a new group of patres conscripti was added to the Senate, appointed on the basis of seniority in public service.
All Senators were ranked, which determined the order in which they could speak. The commercium trading options of the Senators were originally drawn up by the consuls but came to be drawn up after BC by the censors Thomas Censors were elected every five years for a term of 18 months to conduct the Roman census. Censors were to be men of outstanding integrity, who had already served as consul. There was no appeal against a decision to expunge. Nor was such action limited to Senators.
By a mark in the roles nota censoria the censors could reduce any person in rank and remove them from their tribe. In foreign affairs, it was supreme. It served as the ultimate supervisory body for conquered territories and appointed sitting or later former consuls or praetors to serve as pro-consuls or pro-praetors as governors.
It appointed ambassadors and made treaties. Ambassadors from other countries presented themselves to it, not the consuls. In BC, the plebs demanded greater protection against economic exploitation under cover of law by the patricians.
They refused to disband after returning from a military campaign, and threatened to secede. Tribunes were elected only by and from the plebs. Initially two, by BC they had increased to ten Thomas Lack of an imperium meant that there was no need for confirmation by the comitia curiata, not weakness.
On their authority, a person could be arrested, exiled, and have his property confiscated Havell In andthe tribunes stopped the enrollment of soldiers for unpopular wars in Spain by imprisoning the consuls. A second major theme in commercium trading options histories of Roman law is the shift from law that was unwritten to law that was written.
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