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Why was it that the Romans, during the last fifty years of the second century BC, departed from previous practice and began to establish a system of permanent courts (quaestiones perpetuae), rather than continuing with ad hoc proceedings?

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thesis
posted on 28.03.2022, 22:41 authored by Ian G. Betts
This thesis addresses the overarching question of why the Romans began to adopt from 149 the structure of permanent tribunals by reviewing, initially the judicial procedures to which the Senate had recourse in the previous quarter century. The Senate looked to these procedures with limited success in its efforts to stem the ruthless depredations visited on peregrini by its generals and provincial governors. The discussion is taken up in chapter one and provides an introduction as to the reasons for the creation in 149 of the first permanent court, the quaestio de pecuniis repetundis. In this chapter the hypothesis is advanced that the purpose of the creation of the court was more than just the desire to allow allies and friends of the Roman people a right of restitution. Rather it had a diplomatic rationale,namely to maintain existing foreign relationships and to provide the opportunity for forging new accords. The continual involvement of the Romans in foreign wars far from home with consequent stretched supply lines dictated the need for strategic alliances. In the succeeding chapters, three to seven, each court and its enabling statute is individually considered. It is argued that whilst with some courts other reasons may also have existed the primary reason can be found in the desire of the Senate as the foreign relations organ of Rome to pursue the diplomatic rationale. Thus, for example, the separate criminal courts, de sicariis and de veneficiis were established to deal with the unsettled conditions prevailing in Rome after the destruction of Carthage. However, the attempt thereby to restore a semblance of law and order is also to be seen as intended to encourage peregrini to ventilate their rights in a Rome in which their personal safety was not at risk. In chapter eight it is contended that Sulla clearly accepted the permanent system. He did not seek to change it nor to consolidate or reconstitute the permanent courts. Rather he adopted a piecemeal approach in “tacking” on to existing enabling laws measures which made moderated adjustments.

History

Table of Contents

Chapter 1. Introduction -- Chapter 2. The Lex Calpurnia and the Quaestio de pecuniisrepetundis - 149 -- Chapter 3. Quaestio de sicariis et Quaestio de veneficiis - 67 -- Chapter 4. The Lex acilia of 123 and the Quastio de pecuniis repetundis -- Chapter 5. The Quaetio de ambitu -- Chapter 6. The Quaestio de peculatu -- Chapter 7. Lex appuleia de maiestate-103 -- Chapter 8. Sulla and the standing courts -- Chapter 9. Conclusion -- Bibliography.

Notes

Theoretical thesis. Bibliography: pages 282-301

Awarding Institution

Macquarie University

Degree Type

Thesis PhD

Degree

PhD, Macquarie University, Faculty of Arts, Department of Ancient History

Department, Centre or School

Department of Ancient History

Year of Award

2019

Principal Supervisor

Peter (Lecturer in Roman history) Keegan

Additional Supervisor 1

Alanna Nobbs

Additional Supervisor 2

Lea Beness

Rights

Copyright Ian G. Betts 2018. Copyright disclaimer: http://mq.edu.au/library/copyright

Language

English

Jurisdiction

Italy

Extent

1 online resource (viii, 301 pages)

Former Identifiers

mq:71025 http://hdl.handle.net/1959.14/1270091