Abstract

http://ssrn.com/abstract=1139837
 
 

Footnotes (105)



 


 



The Origins of Republican Legal Theory


Mortimer Newlin Stead Sellers


University of Baltimore - School of Law

2001

Published in modified form in THE INTERNATIONAL ENCYCLOPEDIA OF THE SOCIAL AND BEHAVIORAL SCIENCES, Elsevier, 2001

Abstract:     
The first self-consciously republican ideology originated in the senatorial opposition to Gaius Julius Caesar, and implies a procedural commitment to certain republican political and legal institutions, usually attributed to Rome's republican constitution of 509-49 b.c. The basic desiderata of republican government, as articulated in the republican legal tradition derived from Rome, secure government for the common good through the checks and balances of a mixed constitution, comprising a sovereign people, an elected executive, a deliberative senate, and a regulated popular assembly, constrained by an independent judiciary, and subject to the rule of law. Some republicans would add representation, the separation of powers, or equality of material possessions, to protect public liberty ("libertas") and avoid Rome's eventual descent into popular tyranny and military despotism. Republican liberty signifies subjection to the law and to magistrates, acting for the common good, and never to the private will or domination ("dominatio") of any private master.

Number of Pages in PDF File: 20

Keywords: Republicanism, Legal Theory,Theory of Law

JEL Classification: K1, K4, K19, K39

Accepted Paper Series


Download This Paper

Date posted: June 4, 2008 ; Last revised: October 14, 2008

Suggested Citation

Sellers, Mortimer Newlin Stead, The Origins of Republican Legal Theory (2001). Published in modified form in THE INTERNATIONAL ENCYCLOPEDIA OF THE SOCIAL AND BEHAVIORAL SCIENCES, Elsevier, 2001. Available at SSRN: http://ssrn.com/abstract=1139837

Contact Information

Mortimer Newlin Stead Sellers (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
Feedback to SSRN


Paper statistics
Abstract Views: 932
Downloads: 217
Download Rank: 80,672
Footnotes:  105

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.281 seconds