Libertas as an Expression of Roman Identity in Cicero and Sallust

In the late Republican period, mos maiorum, libertas and ius are no longer evoked to pursue the common good of the state, as was the case in the Rome of the maiores, but instead in an individualistic sense. Cicero theorizes a form of limited libertas of the people that does not call into question b...

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Main Author: Anna Iacoboni
Format: Article
Language:deu
Published: Max Planck Institute for Legal History and Legal Theory 2021-11-01
Series:Rechtsgeschichte - Legal History
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Online Access:https://proceedings.hpsg.xyz/index.php/rg/article/view/88
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author Anna Iacoboni
author_facet Anna Iacoboni
author_sort Anna Iacoboni
collection DOAJ
description In the late Republican period, mos maiorum, libertas and ius are no longer evoked to pursue the common good of the state, as was the case in the Rome of the maiores, but instead in an individualistic sense. Cicero theorizes a form of limited libertas of the people that does not call into question but rather further legitimizes the authority of the optimates. Cicero exalts the mixed constitution, the result of the political intelligence of the maiores, because in it the optimates have a predominant role, while the people enjoy relative freedom. The mixed constitution implements the principle of aequabilitas, which further legitimizes the power of the ruling class. For this reason, Cicero condemns democracy in which the principle of aequabilitas is denied. The parallelism between enjoying rights and freedom by the citizens, legacies of the ancestors, together with the claim of the ancient sovereignty of the Roman people, have an identity value as principles on which the identity of the Roman res publica and the Roman citizen is based, regardless of the latter’s membership in the political group of the optimates and of the populares. The appeal to these principles unites the speeches of the spokesmen of the two political forces – although it is evoked according to opposing political views – in Sallust’s De coniuratione Catilinae, Bellum Iugurthinum and Historiae. Although the sense of libertas is different depending on whether it is implemented by the optimates or the populares, freedom is enslaved to the particular interests of the political group or the individual citizen. Individualism is the cause of the decline of the res publica. Cicero and Sallust place their hopes of moral and political renewal of the res publica in a nobilitas that cannot be inherited and is based on individual virtus.
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spelling doaj-art-f1ba541c803d43d78abb87e8a6549c542025-02-11T06:08:46ZdeuMax Planck Institute for Legal History and Legal TheoryRechtsgeschichte - Legal History1619-49932195-96172021-11-0129Libertas as an Expression of Roman Identity in Cicero and SallustAnna Iacoboni0Université de Poitiers In the late Republican period, mos maiorum, libertas and ius are no longer evoked to pursue the common good of the state, as was the case in the Rome of the maiores, but instead in an individualistic sense. Cicero theorizes a form of limited libertas of the people that does not call into question but rather further legitimizes the authority of the optimates. Cicero exalts the mixed constitution, the result of the political intelligence of the maiores, because in it the optimates have a predominant role, while the people enjoy relative freedom. The mixed constitution implements the principle of aequabilitas, which further legitimizes the power of the ruling class. For this reason, Cicero condemns democracy in which the principle of aequabilitas is denied. The parallelism between enjoying rights and freedom by the citizens, legacies of the ancestors, together with the claim of the ancient sovereignty of the Roman people, have an identity value as principles on which the identity of the Roman res publica and the Roman citizen is based, regardless of the latter’s membership in the political group of the optimates and of the populares. The appeal to these principles unites the speeches of the spokesmen of the two political forces – although it is evoked according to opposing political views – in Sallust’s De coniuratione Catilinae, Bellum Iugurthinum and Historiae. Although the sense of libertas is different depending on whether it is implemented by the optimates or the populares, freedom is enslaved to the particular interests of the political group or the individual citizen. Individualism is the cause of the decline of the res publica. Cicero and Sallust place their hopes of moral and political renewal of the res publica in a nobilitas that cannot be inherited and is based on individual virtus. https://proceedings.hpsg.xyz/index.php/rg/article/view/88mos maiorumlibertasiuspopularesoptimates
spellingShingle Anna Iacoboni
Libertas as an Expression of Roman Identity in Cicero and Sallust
Rechtsgeschichte - Legal History
mos maiorum
libertas
ius
populares
optimates
title Libertas as an Expression of Roman Identity in Cicero and Sallust
title_full Libertas as an Expression of Roman Identity in Cicero and Sallust
title_fullStr Libertas as an Expression of Roman Identity in Cicero and Sallust
title_full_unstemmed Libertas as an Expression of Roman Identity in Cicero and Sallust
title_short Libertas as an Expression of Roman Identity in Cicero and Sallust
title_sort libertas as an expression of roman identity in cicero and sallust
topic mos maiorum
libertas
ius
populares
optimates
url https://proceedings.hpsg.xyz/index.php/rg/article/view/88
work_keys_str_mv AT annaiacoboni libertasasanexpressionofromanidentityinciceroandsallust