Abrogatio
In Roman law, abrogatio is in general an annulment of a law or legal procedure.
Abrogatio or annulment of a citizen's rights was a necessary preliminary before he was sent into exile.[1]
Abrogatio legis
Abrogatio legis was the total repeal of a law. For example, the populares) were abrogated.[4]
Abrogatio imperii
Abrogatio imperii was the annulment of a
prorogatio).[6] Abrogatio was a preliminary step to prosecuting a magistrate, who was immune to prosecution during his term in office, and was usually initiated by a tribune of the plebs
.
province of Sicily without authorization from the senate; in actuality, his intention seems to have been to take advantage of any damage to Scipio's reputation from his association with the disreputable Pleminius, with the goal of thwarting Scipio's overall strategy of invading Africa in order to lure Hannibal out of Italy. None of these adrogationes succeeded.[7]
References
- ^ Jo-Marie Claassen, "Exile, Roman," in The Oxford Encyclopedia of Ancient Greece and Rome (Oxford University Press, 2010), p. 146.
- ^ A. Arthur Schilling, Roman Law: Mechanisms of Development (Mouton, 1978), p. 250, citing Cicero, De re publica 2.37.63
- ^ George Mousourakis, The Historical and Institutional Context of Roman Law (Ashgate, 2003), p. 108.
- ^ Mousourakis, The Historical and Institutional Context of Roman Law, p. 175.
- ^ Karl Loewenstein, The Governance of Rome (Martinus Nijhoff, 1973), p. 73, note 41.
- ^ Mousourakis, The Historical and Institutional Context of Roman Law, p. 81.
- ^ Rachel Feig Vishnia, State Society and Popular Leaders in Mid-Republican Rome 241-167 B.C. (Routledge, 1996), pp. 82–85, citing Livy 22.25.10 on Fabius Maximus; Livy 27.21.21.4 and 22.10–11 and Plutarch, Marcellus 27 on Claudius Marcellus; and Livy 22.25.10 on Scipio.