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Actarius

(168 words)

Author(s): Gizewski, Christian (Berlin)
[German version] ( actuarius.) Actarius can apply to   acta and also to actus (fast movement, transportation) and can therefore designate activities in various areas: 1. In private life, actarius (= actuarius) refers to the ‘fast scribe’, that is of court speeches or recitations (Suet. Iul. 55; Sen. Epist. 4,4,9; Tac. Ann. 5,4), and therefore also to the bookkeeper or accountant (Petron. Sat. 53,1). A. (= actarius) refers to a record-keeper in private and imperial households (CIL VI 5 182; VI 6 244; VI 9 106 f.). 2. In military life, actuarii are, since Septimius Severus, sometimes h…

Dominatus

(356 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (Lat. dominatus) sometimes has the legal sense of dominium (cf. Nov. Theod. II. 22,2,16), meaning the position of a dominus as mandated authority, master or owner, esp. in family and property law (Dig. 12,6,64; 29,2,78). In the political realm, dominatus stands for ‘foreign’ or ‘arbitrary’ power (Greek tyrannís; Cic. Rep. 1,61). At the core of the concept is statutory power that is freely exercised and not susceptible of control, and thus is subject to abuse (Cic. Rep. 1,61). The modern German loan-word Dominat is a 19th-cent. neologism, and according to [1. 74…

Bruttiani

(130 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Bruttiani were the ushers of Roman magistrates. Because of their desertion to Hannibal and their loyalty to him until the end of the Second Punic War, the southern Italian tribe of the  Bruttii not only had to surrender a large part of their territory to Rome, but also had to declare their readiness from then on to work as ushers in ‘slavish’ positions, albeit as free men. Although these punishments had lost their significance at the latest with the Social War, Bruttiani remained a synonym for   apparitores , because the Bruttii continued in their traditional service as   licto…

Censuales

(250 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Assessment of citizens for tax purposes (  census ) in republican Rome is carried out by subordinate officials of free status ( scribae) and by bonded state servants ( servi publici a censu or censuales), under the political responsibility of the   censores insofar as they are in office. But supervision of the administration of the tax registers ( libri censuales) is carried out by a chief administrator, probably from early times called magister census. There are also census officials, occasionally termed censuales, in provincial administrations and in cities w…

Cubicularius

(281 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from cubiculum, literally ‘bedchamber’, also ‘private living space’, cf. Varro, Ling. 8,54) could denote a domestic slave, a personal servant, but also someone responsible for guarding access to a persona publica (Dig. 50,16,203). Officials from as early as the Republic had cubicularii in that sense (Cic. Verr. 2,3,8) and emperors from the very beginning had them as personal servants and confidants in their private domain (Suet. Iul. 4,1; Suet. Dom. 17,2). The higher ranks of the emperor's staff were occupied primarily …

Discessio

(138 words)

Author(s): Gizewski, Christian (Berlin)
[German version] General ‘dispersal’, in assemblies also ‘closure’ (Gell. NA 1,4,8; Ter. Andr. 5,68; Cic. Sest. 77). In legal terms, discessio describes the loss of a right or withdrawal from a contract (Dig. 18,2,17,18; Dig. 6,1,35 pr.). Politically, discessio was used as a general term for the formation of parties, splits and internal conflicts, such as between patricians and plebeians (Greek ἀπόστασις; apóstasis; Gell. NA 2,12; Sall. Hist. fr. 1,11). In the Roman Senate, discessio refers to the voting procedure in which voters go and assemble on different sides of …

Consul(es)

(841 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The word consul is of uncertain etymology (possibly originating from con- and sal- = ‘hastily get together’ or from con- and sell-/ sedl- = ‘sit down together with’ or ‘sit down next to’). The historical tradition (Liv. 1,60,3-4), firmly established in the late Republican period, that following the expulsion of the last king Tarquinius Superbus in 510 BC there were two consules-colleagues at Rome's head is uncertain, because of some contrary indications in the same historical transmission. Initially, consules were probably assigned as advisers to a praetor maximus (…

Corrector

(273 words)

Author(s): Gizewski, Christian (Berlin)
[German version] The word corrector (from corrigere, ‘correct’) designates in general the critic who imposes censure or punishment, or the reorganizer, e.g. a pedagogue, overseer, official or politician with duties of this kind (Plin. Pan. 1,6,2; Sen. Dial. 4,10,7; Amm. Marc. 31,4,9). From the time of Trajan the name corrector was given to a senatorial legate of the emperor who was sent to a province with a special mission, e.g. ad ordinandum statum liberarum civitatum (Plin. Ep. 8,24). Arising from this already in the 3rd cent. AD is a form of regular provincial admi…

Curialis, Curiales

(198 words)

Author(s): Gizewski, Christian (Berlin)
[German version] [1] Local counsil Curialis (from curia) is the term used for both individual members of the local council and the council in its entirety as an institution ( decuriones; Dig. 29,2,25,1; 37,1,3,4; 50,16,239,5).  Curia;  Decuriones Gizewski, Christian (Berlin) [German version] [2] Member of the municipal Curial class Curalis was the name given to the members of the municipal Curial class, i.e. the members of families who on the basis of family descent ( curiali obstricti sanguine; Cod. Iust. 10,32,43), or, on the basis of the official duties of the heads o…

Ovatio

(261 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (from Lat. ovare, equivalent to Greek euázein,'to cheer'). In its wider sense, it referred to the Roman triumph as well as to smaller official public celebrations in honour of meritorious generals. In its narrower sense, the word referred from the 5th cent. BC to about the 1st cent. AD to the smaller-scale celebration for generals who did not fully meet all the requirements for a large victory celebration, the triumph (Cic. Phil. 14,12: ovantem ac prope triumphantem). The latter was not possible in cases of legal doubt regarding the reason for war, of vic…

Bureaucracy

(1,086 words)

Author(s): Gizewski, Christian (Berlin) | Rhodes, Peter J. (Durham)
[German version] I. General The term bureaucracy has no roots in the political terminology of antiquity, but is a modern French-Greek hybrid formation (Old Fr. ‘bure’, ‘burrel’ from Lat. burra). Bureaucracy refers -- also in a critical sense -- to specific organizational structures of modern states [1]. As an ‘ideal type’ in Max Weber's definition, bureaucracy in general terms refers to a special form of legal rulership: its rulers employ officials in their administration, who -- in full-time salaried positions with a clear…

Curiata lex

(383 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Legally binding decision of the comitia curiata (organized by curiae) -- probably the oldest type of Roman popular 's assembly. The early form can hardly be deduced from the sources (cf. Cic. Rep. 2,25). Presumably, all questions of the succession of influential families, religion, citizenship, military call-ups ( legio), taxes, the inauguration of kings and priests and later the responsibilities of the offices were regulated by leges curiatae (Liv. 1,17,8f.; 1,22,1). In the struggle of the orders, elections and the administration of justice did …

Incensus

(173 words)

Author(s): Gizewski, Christian (Berlin)
[German version] (‘not appraised’) is one who neglects to have his property assessed by the censor in Rome (  census : Dig. 1,2,2,17) and therefore, due to the non-determination of which voter class he belongs to and his military service obligation, it is possible he cannot be called in for his fundamental civic duties. Incensus is punishable by death in accordance with a legendary law of Servius Tullius (Liv. 1,44,1). In the Republican period the consequence of an omitted tax declaration can be the confiscation of property and being sold into slav…

Decemprimi

(229 words)

Author(s): Gizewski, Christian (Berlin)
The term referred to the ‘first ten’ in a row (Greek δεκάπρωτοι, dekáprōtoi). [German version] [1] The ten highest-ranking decuriones in the curia of a city Decemprimi was the name for the ten highest-ranking decuriones in the curia of a city with a constitution based on Roman or peregrine law. They handled various tasks; in particular, they were prominent in legations (Liv. 29,15,5; Cic. Verr. 2,2,162). In the Roman Imperial period, the decemprimi gradually become responsible for the legal duty of monitoring the municipal financial administration and, in case of im…

Acta

(828 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Acta identifies the result of agere (to cause or pursue something). In legal language, agere refers to action directed toward the creation or alteration of rights (Dig. 50,16,19) by private persons, but especially through organs of public law such as magistrates, courts and generally holders of ‘jurisdiction’ (Dig. 4,6,35,8). Agere can be exclusively oral, but is often also documented in written form in the interest of enforcement, verification and proof. I. Acta in the legal sense refers to the variously documented and archived public records of leg…

Ambitus

(428 words)

Author(s): Gizewski, Christian (Berlin)
[German version] designates the (circling) going round, the bending, spreading, outline, carried over also to a discursive speech or vain behaviour, since the XII Table Law (table VII, 1) also the building spacing (Varro, Ling. 5,22; Dig. 47,12,15; Cod. lust. 8,10,12,2). 1. In the political arena ambitus is the ‘circulation and supplication’ (Fest. 12: circumeundo supplicandoque) for the purpose of campaigning, usually in a negative sense, as laws verifiable since the 4th cent. BC against unauthorized methods of ambitus demonstrate: it originates first in connection with …

Diribitores

(68 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Diribitores(from diribere = dis-habere) are ‘distributors’ or ‘regulators’, also ‘stewards’, or ‘preparers’ (e.g. of food: Apul. Met. 2,19). In the Roman Republic, diribitores were the publicly appointed and sworn officials of the tabulae/suffragia responsible for the counting of votes in courts of law or in the citizens' assembly (CGIL 5,62,6; lex Malacitensis 55/FIRA 1, 211).  Comitia;  Suffragium Gizewski, Christian (Berlin) Bibliography Mommsen, Staatsrecht 3, 406ff.

Concilium

(609 words)

Author(s): Gizewski, Christian (Berlin)
[German version] Concilium (from con-calare) is an assembly (Fest. p. 38) that has been called; also used in a transferred sense (Cic. Tusc. 1,72; Lucr. 3,805). 1. In political usage, concilium frequently differentiates a popular assembly without legal consequences from constitutional   contiones and   comitia ( is qui non universum populum, sed partem aliquam adesse iubet, non comitia, sed concilium edicere iubet, Gell. NA 15,27,4; Liv. 9,45,8). It was also used in the meaning of contio or comitia and then more often in association with populi and plebis (Cic. Sest. 65; lex Iulia muni…

Intercessio

(438 words)

Author(s): Gizewski, Christian (Berlin) | Meissel, Franz-Stefan (Vienna)
[German version] I. Constitutional law In Roman Republican constitutional law, the intercessio (from intercedere = to step in-between) denoted a veto against magisterial decrees (  Decretum ), against Senate resolutions (  Senatus consultum ) and against  rogations of all types presented to the various people's assemblies. It rendered decrees ineffective unless an intercessio was unlawful, as for example in the case of magisterial court decrees during an ongoing legal proceeding. Senate resolutions were reduced to mere recommendations (  auctoritas ) …

Auctoritas

(911 words)

Author(s): Gizewski, Christian (Berlin) | Willvonseder, Reinhard (Vienna)
[German version] I. General meaning Auctoritas refers to the ‘authorship’, ‘affirmation’ and ‘amplification’ of a thing and is derived from the meaning of the verb augere (‘to increase’) and especially from the verbal substantive auctor. In the legal life of Rome, the word designates various extraordinarily important institutions in the private and public spheres. Gizewski, Christian (Berlin) [German version] II. Public law In the Republic, auctoritas designates the sovereign position of the  Senate in constitutional law. The auctoritas senatus or auctoritas patrum is the …
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