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Lecture 5

Digest of Justinian:

  • Condensation / clarification of juristic writings, compiled in the 530s AD
  • Freedom is natural / slavery is unnatural
  • Is freedom a natural right? Is it only able to be removed via unnatural (i.e. civilized) methods?

In 287 BC, the lex Hortensia was passed after the 5th secession of the plebs, making the resolutions of the Plebian Assembly binding laws. - Every citizen is now able to contribute to the passage of laws

Regarding Libertas

Is liberty natural?

Wirszubski p.7: true libertas is not the right to do whatever you wish.

There is profound truth in Cicero's saying, “legum idcirco omnes servi sumus ut liberi esse possimus”. For were it not for the restrictions imposed by law, everyone would be free to do always as he liked, and that would result—to use Hobbes' phrase—in a “bellum omnium contra omnes”, that is to say, it would result, not in the enjoyment of complete freedom, but in its self-destruction through excess. Fools, observed Tacitus, identified licentia with libertas.

  • Prerequisite for libertas is the renouncement of self-willed actions
  • Libertas enjoyable only under the law: without law, no freedom
  • Cicero: "we are all slaves to the law that we may be free"

Personal note: I sense this idea of freedom, libertas, as freedom with an attached responsibility, is not one to be dismissed lightly. Cicero holds it in contrast to licentia - or a freedom without responsibility, 'deserted island freedom'.

  • libertas is consistent with the disciplinia Romana - the right of a citizen in an organized state.
    • Not freedom of individuals, but rather a citizen's place in the community - agency within this civic community, but roles should be responsibly performed to maintain a stable state.
    • Not autonomy of will, but rather social relationship with both rights and duties.
  • Rights in libertas must be equal for all - libertas is the upper limits of political freedom.

Political office in the Republic

Note: the Romans were, at no point, egalitarians: believed in hierarchies in society (wealth, birth, etc). Hierarchy was an accepted notion.

  • Aequae libertas: equality before the law, same laws applicable to everyone, but not equal political rights for all.
    • Same legal standards, not necessarily political/social standards
    • I.e. property requirement for political office was generally acceptable.
  • Political jobs are full-time careers
    • But no salaries - politicians needed to be independently wealthy

Roman politics was very dissimilar to Athenian democracy in this respect, which was decided by lot rather than wealth. Required both wealth and land.

Personal note: Rome had some, but not a lot, of political historical precedent to reference - the negative connotations associated with oligarchies (and democracies) today were not (necessarily) widespread concerns then.

  • It was preferred for political office-holders to have familial precedent within politics - my great-grandfather was so-and-so, I have his blood, therefore ...

Wars of conquest

Series of major events between 287 and 133.

  • By 287, Rome controls all of Italy, and begins expanding outward.
  • 261-242: First Punic War
  • 218-201: Second Punic War, Rome becomes established as the most powerful country in the Mediterranean (note: Carthage remains active during this time, but defeated in two separate wars by Rome now).
  • 214-148: Rome invited to intervene in various conflicts between Greek kingdoms; eventually the Greek islands are fully annexed into Rome.
    • Note: 336-323 BC, Alexander the Great of Macedon conquered much of the known world after unifying Greece. Greece fell apart after his death.
    • Note 2: Aristotle tutored Alexander the Great - 287 in Rome was just ~fifty years after Aristotle's death (322 BC).
  • 146: Rome concludes the Third Punic War by destroying Carthage.

Gracci period ~133 BC

Following these conquests, Romans have a ridiculous amount of land and even more slaves.

  • This influx of land was predominantly given to the rich.
  • In 133, Tiberius and Gaius Gracchus (Gracci brothers) active.

Most of our knowledge of this time is covered by Appian of Alexandria c. 141 AD, wrote the Roman History (24 books), generally held to be a good source re: the Gracci period and following. Pays close attention to the plight of the working class.

In the decades preceding 133, many Roman small farms fell into disrepair as owners were sent off to war in far-off lands.

  • Roman army still mostly composed of conscripts rather than professional soldiers.
  • Many wealthy neighbors bought up (or stole) nearby farms while owners on campaign; when they returned, many vets found themselves displaced.
  • Or indebted to large landowners
  • Large landowners also started to amass large supplies of slaves to provide cheap labor on their vast estates (latifundia = slave-worked large farm)
  • Incredibly large wealth discrepancies arose during this point.

Civil War (Appian)

Referenced PDF on Appian's Civil War.

  • Many cases of leaders who just wouldn't give up power; factionalism.
  • Rome confiscated Italian lands, set out colonies
    • Rich got possession of undistributed land
  • Tiberius Gracchus, tribune of the plebs, wanted new law to redistribute land (Gracchus land reform).
    • Proposed limiting land holdings to 250 jugera (~150 acres).
  • Marcus Octavius vetoes this (fellow tribune)

Tiberius Gracchus - Revolution by Legislation

  • Elected tribune of the plebs in 133 BC
  • Knows land reform is very popular with the masses
  • To overcome opposition to agrarian reform law, deposes Marcus Octavius - an unprecedented (and arguably illegal) action
    • Ti. Gracchus: tribunes should be recallable if they do not act in the people's interests - revolutionary proposition.
  • Appian: Tiberius gathered a bodyguard to himself with the intention of forcing Octavius to comply, even if he doesn't want to.
    • Plebian assembly votes to remove Octavius and enacts the land reform law.

This land reform law (and the actions taken to enact it) is regarded as the spark that set the Republic ablaze.

  • Tiberius seeks reelection to tribune as his term comes to a close, since he knows he'll be in a lot of danger after his term ends.
    • Unfortunately, most supporters from countryside - leave back to countryside after vote held (Appian 1.13.57)
    • T. Gracchus's foes (of which there are many at this point) accuse T. of aspiring to kingship and seek to disrupt his reelection.
  • Violence breaks out between both sides (Plutarch: Tiberius's enemies started it. Appian: blames Tiberius for inciting supporters to violence).

Then: Cornelius Scipio (pontifex maximus, head of state religion, 'supreme pontiff') rushes at Gracchans (who of course let him in due to position), followed by senators.

  • Scipio is quite conservative, not happy with land reforms.
  • Kills Tiberius Gracchus (133 BC) - first open political assassination in a very long time, as well as many of his supporters.

Sic mors

Appian: killing was an abominable crime, the first to be committed in the public assembly, and led to a lot of similar events soon after.

Vell. Pat. 2.3.3: beginning of civil bloodshed and assassination without fear of punishment in Rome. From now, right overwhelmed by right, power took precedence. Differences between citizens were remedied by sword rather than word, wars started not for cause but on the basis of their profitability.

  • Doesn't truly take effect until the death of Gaius Gracchus.

Enter: Gaius Gracchus

Roughly a decade after Ti. Gracchus's death (~123 BC), younger brother Gaius Gracchus elected tribune of the plebs.

  • Gaius not only champions Ti. Gracchus's land reform but extends his political agenda to questions of citizenship - wanted to grant Italians citizenship.
  • Tiberius: interested in land distribution. Gaius: interested in effectively remaking Roman politics on a far grander scale.
    • Instituted a lot of reforms, including stripping senators of the ability to control juries, instituted a grain dole, etc.
      • https://en.wikipedia.org/wiki/Cura_annonae - gave out subsidized bread and grain for free to many citizens.

Note: rather than speaking to the Roman senate / aristocracy, Gaius spoke in assemblies toward the masses / people.

  • Runs for reelection to the tribune, second term. Loses when he runs for a third term however.
    • Violence breaks out in the voting place, citizen killed by his followers, whose death is blamed on Gaius
    • Retires with followers to the Aventine Hill (Sacred Hill), 'last stand'.
  • Gaius ends up dead, second act of political killing in a decade.
    • Political opponents used political unrest as an excuse to declare martial law and march on his supporters.
    • Political allies purged in a series of trials (reportedly extensive purge on the order of thousands), though legislation remains mostly untouched.

Note: Gracchus brothers both sought broad political reform and both died; both deaths seem to cause widescale political unrest.

  • Gracchi brothers became symbols of resistance to oppressive, greedy landowners
  • Political violence unleashed in their era would later spiral out of control, setting in the process whereby the Republic would unravel and later perish.
  • Appius p.19: Realization that the tribunate had been debased/weaponized as a tool of the powerful set in (such as by Marcus Octavius).
    • Started off as a means to defend against aristocratic oppression - later gave way to tribunes accepting bribes from wealthy aristocrats.
  • After Gracchi, populares vs optimates.