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Hattu should teach HHH vocabulary.

Right. It's time for some Latin vocabulary.

Juridical Latin vocabulary.

So, the general concept of law is called ius.

We distinguish between two different kinds of ius: lex is all written law, mos is all unwritten law. Though the system of lex and mos form ius in harmony, lex tends to take precedence in case of a conflict of norms, due to it being written and therefore more objective.

The most important type of mos is mos maiorum, which is law of custom. In order for a custom to become mos maiorum it needs to meet two requirements: it must be an usus (a generally accepted custom that has been in use structurally) that has opinio iuris (it must be generally considered to be legally binding). Mos maiorum is the most important kind of mos, but not the only kind. Other examples are iuris prudentia (juridical verdicts from the past) and responsa prudentum (authoritative writings from reputed jurists).

The Roman people as a whole is called populus. The populus has the right to participate in politics. There are several political organs: comitia are the people's assemblies; magistratus are the officials charged with ruling the empire, elected by the comitia; senatus, a body in which the best statesmen take their seat, it forms the center of political discussion and is charged with giving advise to the comitia and the magistratus.

Every magistratus held potestas. Potestas is the official powers vested into a magistratus. A magistratus therefore gained their potestas upon entering into office, and they lost it when they left office. The highest magistratus also held imperium, which was the right to command Rome's armies. Imperium was absolute and bounded only by one limit: it could not be exercised within the sacrosanct limits of the city of Rome. Imperium, unlike potestas, was not gained immediately upon entering office; instead, a special law called the lex curiata de imperio had to be enacted after the election of a magistratus before he could have imperium. Furthermore, a lex curiata de imperio could be enacted to confer imperium upon an individual - this was highly unusual, and was only done in times of emergency, and usually limited in time, space and/or purpose.

Rome was founded in 753 BC. Originally, there was only one magistratus: rex (the king). The king was charged with ruling the state: this meant being head of state, appointing and discharging members of senatus, legislation, administering the state's finances, commanding the armies, presiding over the comitia etc. The rex was elected by the comitia curiata for life. The rex was entitled to hold imperium: Romulus (the first rex) was the only man in Roman history who gained imperium upon entering into office (like potestas); but from the time of Numa Pompilius (the second rex) onwards, a separate lex curiata de imperio had to be passed after the election of a rex before he could gain imperium. When the office of rex became vacant, an interregnum occurred. In an interregnum, there was no rex, and the state was ruled by interreges. An interrex was a member of senatus who had the potestas of a rex. However, there were three major differences between a rex and an interrex:

1) The interrex did not hold imperium.

2) The interrex was only in office for five days.

3) The interrex was charged with the additional duty of finding a candidate for the position of rex.

Once the interrex had found a candidate, he brought him before the senatus. The senatus then gave advice in the form of a senatus consultum (see below). If this senatus consultum did not lead the interrex to change his choice, he would assemble the comitia curiata, which then voted in favor or against the candidate: if a majority voted in his favor, he became rex.

There were two comitia: the comitia calata assembled at regular times and did not vote; the comitia curiata was originally the only legislative assembly. According to the laws of Romulus (the first rex), representing the populus in politics was a task of the patricii (the Roman upper class); the plebs (the Roman lower class) was therefore excluded from participating in the comitia, being appointed to the senatus and running in the election for magistratus.

The comitia calata was so called because it was calata: it was called and then spoken to; it did not have any official duties.

The comitia curiata was so called because voting occurred in curiae. The citizens of Rome were divided over thirty curiae. When the people voted, it was not a matter of simple majority opinion; instead, the votes within each curia were weighed against each other, the majority of votes within the curia deciding the vote of that curia. When the votes of each curia had been decided, majority was determined by setting the votes of each curia against each other; thus, there were always thirty votes in total (one for each curia).

Now on to the subject of legislation. In this initial stage of the Roman Empire we can discern three types of lex: lex proper, edictum and senatus consultum. Lex proper was the highest form of lex. The rex had the potestas to make bills (rogationes). When a rogatio was finished, it was brought before the senatus, who advised the rex about the rogatio in the form of a senatus consultum. The rex could then revise his rogatio, based on the senatus consultum, before bringing it before the comitia curiata. The comitia curiata could then enact or reject the rogatio - by enacting it, it became lex. No comitia had right of initiative: they could only be assembled on the orders of the rex, the rex presided over the assembly and the rex made the rogatio; the comitia could not amend it. Besides voting on rogationes, the comitia also voted on declarations of war, as the rex could not declare war without the approval of the comitia curiata.

Edictum was a legislative act made by a magistratus on his own. As such, the edictum stood below the lex in the hierarchy of norms (meaning that if there was conflict between a lex and an edictum, the edictum was unbinding), and all edicta enacted by a certain person would automatically become invalid when that person left office (unless his successor adopted the edicta).

Senatus consultum was a form of soft law: technically it was not binding, but it was of such high authority that it was nonetheless considered law. The senatus consultum was all that which the senatus decreed.

The rex was elected by the comitia curiata for life.

The first major constitutional reform was conducted by rex Servius Tullius (who ruled 575 - 535 BC). He abolished the old laws of Romulus which forbade the plebs from participating in politics, which led to plebeians participating in the comitia. However, since most plebeians lived on the country, the patricii still controlled the comitia curiata (which consisted only of citizens of the city of Rome). To further appease the plebs, Tullius instituted a new comitia: the comitia centuriata. It was so called because voting happened in centuriae. Centuria was a term that applied to an army regiment; like the army at that time, the comitia centuriata was organized according to wealth, rank and age. The comitia was set up so that the centuriae of those who were highest in wealth, rank and age voted first. This comitia was very much a compromise: on the one hand it gave the plebs more power, on the other hand the patricii held a definite advantage in the procedure.

The comitia centuriata was originally just an alternative to the comitia curiata: rogationes and declarations of war could be brought before either - with one exception: the lex curiata de imperio had to be passed by the comitia curiata.

To be continued...

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Please no! You're making Shezz's brain hurt!

But I just wanted to explain the difference between a lex and an edictum and a senatus consultum and a plebiscitum and a senatus consultum ultimum and a constitutio Principis, and I didn't even get to most of them yet!

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But I just wanted to explain the difference between a lex and an edictum and a senatus consultum and a plebiscitum and a senatus consultum ultimum and a constitutio Principis, and I didn't even get to most of them yet!

Now you're making my brain hurt!

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I could be like those student textbooks though.

Hey guys!

First, Rome was a kingdom!

The king did basically everything!

But then the Roman Empire turned into a republic, where you had these magistrates. New magistrates were elected every year!

These were the magistrates:

1) Consuls were the heads of state. They did legislation and stuff.

2) Praetors were pretty much judges.

3) Who the fuck even knows what curule aediles do, LOL?

4) Quaestors did financial stuff.

The above four were all patricians. 'Patricians' is Latin for evil upper class. The 'plebeians' (which is Latin for cool lower class) also had their own magistrates. These were known as people's tribunes. They're like consuls, only plebeian. Also, they could veto the decisions of other magistrates!

Then there was the senate. This was, like, evil patrician headquarters! They wanted magistrates to have proper education and political experience. So yeah, we're all glad they finally caved and allowed plebeians to become magistrates - eventually, one of every two consuls had to be a plebeian! That's totally awesome!

But then the republic turned into an empire. The empire's pretty straightforward: the emperor just did everything.

But then in the fourth century, the Romans thought their empire had grown too big for one man to rule, so they split it into a Western Roman Empire and an Eastern Roman Empire, each with its own emperor.

And then the Western Roman Empire fell... And we call the Eastern Roman Empire the Byzantine Empire now and we're not going to talk about it anymore because they're not really Roman and, man, fuck the Byzantine Empire.

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