AND LAW GOVERNMENT Ficus Tree: tree where Romulus and Remus were nurtured by she-wolf. Despite Roman rhetoric invoking its Republican origins, Rome began as a kingdom with kings. The legacy of the kingdom was so hated that no emperor dared to call himself king. The Curia was the home of the Roman Senate. The Senate continued to exist throughout the age of the emperors. In the Curia, Senators discussed public policy openly. Struggle for political power between the Senate and the Emperor continued throughout the age of empire, just as the Executive and Legislative powers today. Publicly, Senators were supposed to maintain a bearing of gravity, as opposed to levity. Senators were officially elected but held their positions due to wealth and social stature. The Roman Senate was more comparable to the British House of Lords. Senators were taken as moral authorities. The Senate decided itself who belonged and who didn't. Access came through contacts. Senators could form alliances, free from the businessmen, lobbyists, and politicos in the forum in the Senate Garden. Struggle for legal and political power between would-be emperors and the Senate preceded Caesar, but culminated with his death. Recent evidence shows that Caesar, decaying slowly from progressive epilepsy, provoked his own murder. The murder resulted in a predicted backlash against the Senate. Caesar named his closest male relative, his great nephew Augustus, as his heir. Taking advantage of public anger of Caesar's murder, Augustus became Emperor. Augustus' relatively good and stable rule consolidated Rome's change in political status from Republic to Empire. Despite their power and deification, Emperors could suffer criticism and derision, even from common citizens, such as Nero's graffito caricature. The Roman provinces were ruled by prefects, or governors, and governing councils. The Chamber Council in Alexandria was the council for the territory of Egypt. Forum simply means open space. Politics and business could be conducted in a more individual manner in the forum or in a private space. Lobbyists used these areas to talk to senators. Public functionaries were racketeers. Bribes were not only taken for granted, but codified. The public sector skimmed from the private. Public officials collected illegal taxes to enhance their own personal wealth. The government that served the people treated them as subordinates. Those on the public dole stole from their subordinates. Holding public office was held in high esteem. It was a sign of knowing how to work the system, an exploiter rather than one of the exploited. Conversely, prominent public officials who had worked the system were expected to donate public works such as baths, monuments, temples, parades. Roman law began with the 5th century BC Twelve Tables. The basis was the fundamental principle of equality under the law of all Roman citizens, both plebeian and patrician. Legal separation of Church and state.
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Freedom to change residence or profession. Freedoms were not formally guaranteed in a constitution, but written in law. No crimes between consenting adults. No sex crimes between adult free men and slaves of any age. Only women could be charged with adultery as pretext for husbands to keep the dowry. Ulpian was a famous lawyer whom fathered the principles in the original Twelve Tables. 3rd and 4th century emperors passed law limiting freedom speech of and sexual freedom. The separation of Church and State becomes compromise. Private vice became a public concern. As civic men gave way to the concept of soul, the dividing line between private and public was erased. Private morality was increasingly legislated. Obscene language in poetry was abolished and men were able to marry mistresses under Domitian. Severian Emperors made abortion illegal in 3rd BC. Rome had fewer criminal offenses, but more civil ones. This meant minimum expenditures upon the part of the government to enforce the law. There were no public prosecutors. There was no law enforcement. Basilic Julia was the civil courthouse of Rome. Written law became a matter of culture or sport, more argued than applied. Legal debates in forum, and the use of rhetoric, were means of establishing a career, a reputation, and forming alliances. Advocacy was practiced for free as a civic duty, but the real reason was to get a name for yourself. Lawyers accepted clients, gave consul, and did not ask for anything in return. Payment was never ahead of time, but it was usual to reward a successful lawyer/advocate afterwards. Claudius established a standard honorarium for advocates. The poor had recourse only to poor lawyers. Juris consultis and orator were the two types of lawyers. Cicero was orator and rhetor and champion of the senate. Litigators were a very histrionic part of rhetoric training. Lawyers with big cases were celebrities and would get a crowd at their cases. Today's lawyers could become tomorrow's electors of senators, so magistrates did not want to offend the good ones, who could one day be powerful. Magistrates interpreted the law in individual cases. Magistrates belonged to the patrician class so they held their interests first. Judicial blackmail, paralegal extortion, and bribery were common. Praetorian Guard was used for civil unrest, similar to National Guard, but only for the city of Rome. The guard protected the government, not the people. There was no police force in Rome. Formal rights were worthless without police to enforce them, making them much legal debate sport. Private police, basically thugs for hire, could be paid to arrest and accused person. It was every man for himself with regard to Roman justice. Justice was dependant of power, wealth, and patrons. The plaintiff was responsible for the defendant to appear in court.
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The plaintiff was responsible for enforcing judgments. Prisons existed for criminal offenses. Private prisons existed for debtors and civil offenses. Usurpation of property was common if one was wealthy and powerful enough. The Empire regularly usurped property in cases of challenged wills. Courts were used for suits between men of equal power and wealth. Courts were otherwise used against debtors or against the poor when they committed offense. Women could not serve as lawyers, senators, or in any official capacity in government. Women did not have the right to take a case to court. Women were supposed to have a male representative in court, though this was not always. Romans ultimately obeyed not laws but governing class. As wealth and politics intertwined, inherited wealth encouraged inherited political power. Patricians became de facto aristocrats despite the principle of equality in the Twelve Tables. Graffiti in the forum expresses dissatisfaction with the government and the powerful.