Lex Hortensia
The lex Hortensia, also sometimes referred to as the Hortensian law, was a law passed in
It was the final result of the long
Causes
In the annalistic tradition, around the year 287 BC, a plebeian dictator by the name of Hortensius was appointed to handle a civil uprising that eventually led to the secession of the plebs to the Janiculum hill;
However, there is considerable reason to doubt this story,
Due to the extreme measures taken by the consuls, however, it is likely that considerable urban unrest predicated this reform.[11] With both the urban and the rural sections of the populace clamouring for reform and the military necessities of manpower granting the plebs a strong negotiating position, the law entered the realm of the inevitable.[11] Of course, necessary to pass such specific and controlling legislation was an organised movement, likely coordinated by the plebeian tribunes in the city.[10]
Provisions
The lex Hortensia was a step in a series of reforms that secured political freedom for the plebs. In the early Republic, before the start of reforms, laws passed by the
Furthermore, the law created restrictions on when votes could be scheduled. For example, votes could no longer be held on market days, which could have interfered in economic business. However, this served as an impediment towards the participation of rural plebeians in the concilium plebis, as they were then unable to vote on convenient days when they would have been in the city.[12]
As a question of legal semantics, there remained a difference between a plebiscitum, a plebeian law, and a lex, a law per se. The lex Hortensia simply changed the recognition of the plebiscitum such that it was treated as if it were a lex. Later, as the distinction became immaterial, all binding laws, formerly leges or plebiscita, became referred to leges as well.[13][14]
Legacy
The passage of the Hortensian law ended a significant chapter in the
See also
- Roman law
- List of Roman laws
- Leges Valeriae et Horatiae(449 BC)
- Lex Canuleia (445 BC)
- Leges Liciniae Sextiae(367 BC)
- Lex Publilia (250 BC)
- Lex Ogulnia (300 BC)
References
- ^ ISBN 0-19-926108-3.
- JSTOR 4430760.
- ^ Abbott, Frank Frost (1963). A History and Descriptions of Roman Political Institutions (3 ed.). New York: Biblo and Tannen. p. 32.
- ^ a b c Abbott 1963, p. 52.
- ^ a b Abbott 1963, p. 53.
- JSTOR 41532825.
- ^ Maddox 1983, p. 277.
- ^ Maddox 1983, p. 278.
- ^ a b c Maddox 1983, p. 280.
- ^ a b Maddox 1983, p. 283.
- ^ a b Maddox 1983, p. 286.
- ^ Maddox 1983, pp. 284–285.
- .
- ^ "Roman law". Encyclopedia Britannica. Retrieved 2017-04-26.
- JSTOR 4430760.