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Roman rights talk: subjective rights in Cicero and Livy


Edelstein, Dan; Straumann, Benjamin (2022). Roman rights talk: subjective rights in Cicero and Livy. History of political thought, 43(4):637-659.

Abstract

While most scholars today recognize that Roman writers occasionally used ius to denote a subjective right, the extent and reasons for this usage have not been well studied. In this article, we offer an analysis, based on a statistical survey, of how Cicero and Livy used ius to designate a range of subjective rights. We also trace this usage back to the basic Ciceronian metaphor of the populus as a kind of societas . Rights, in the Roman context, emerged out of this legal-commercial comparison, in which citizens (or even members of different nations) are entitled to equal rights in their common venture.

Abstract

While most scholars today recognize that Roman writers occasionally used ius to denote a subjective right, the extent and reasons for this usage have not been well studied. In this article, we offer an analysis, based on a statistical survey, of how Cicero and Livy used ius to designate a range of subjective rights. We also trace this usage back to the basic Ciceronian metaphor of the populus as a kind of societas . Rights, in the Roman context, emerged out of this legal-commercial comparison, in which citizens (or even members of different nations) are entitled to equal rights in their common venture.

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2 citations in Web of Science®
1 citation in Scopus®
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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:06 Faculty of Arts > Institute of History
Dewey Decimal Classification:700 Arts
Scopus Subject Areas:Social Sciences & Humanities > History
Social Sciences & Humanities > Sociology and Political Science
Social Sciences & Humanities > Philosophy
Uncontrolled Keywords:Cicero, Law, Livy, Natural, Rights, Roman History, Roman Law, Roman Political Thought
Language:English
Date:November 2022
Deposited On:06 Dec 2022 10:25
Last Modified:29 Jan 2024 02:50
Publisher:Imprint Academic
ISSN:0143-781X
OA Status:Hybrid
Free access at:Official URL. An embargo period may apply.
Official URL:https://www.ingentaconnect.com/contentone/imp/hpt/2022/00000043/00000004/art00002
  • Content: Published Version
  • Language: English
  • Licence: Creative Commons: Attribution 4.0 International (CC BY 4.0)