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What is the form of government in Rome. "the main forms of government in ancient Rome"

The history of ancient Rome, completing the history of antiquity, is one of the important stages of world history. The Roman state occupies a special place in the history of the legal development of mankind and modern jurisprudence, as does Roman law itself, since it was this system, which once became uniform for the ancient world, that formed the basis of the law of many modern states.

Periodization of history Ancient Rome based on forms of government, which in turn reflected the socio-political situation: from royal rule at the beginning of history to the dominant empire at its end. Thus, the history of Ancient Rome is divided into the following stages:

Royal period (754-753 - 510-509 BC).

Republic (509 - 27 BC)

3. Empire (30-27 BC - 491 AD)

Early Empire Principate (27 BC - 193 AD)

Late Empire. Dominat (193 - 476)

The oldest period of Roman history is usually called the “royal” period, which, according to legendary tradition, lasted about two and a half centuries. This period is primarily associated with the emergence of a new city, in the future the capital of an entire empire, Rome. The time of the founding of the city of Rome (753 BC) is characterized by the processes of decomposition of the primitive communal system among the tribes that settled near the Tiber River. The unification through wars of three tribes (ancient Latins, Sabines and Etruscans) led to the formation of a community in Rome.

A society similar to that of ancient Rome is called a military democracy. The economic basis of the early Roman community was agriculture. The development of cattle breeding and agriculture entailed property differentiation and the emergence of private property. Patriarchal slavery arises, the sources of which are mainly wars, and at the same time the beginnings of the class division of society.

Initially, the Roman city community (people) consisted of three tribes (tribes), divided into thirty curiae (unions of male warriors), and those into one hundred clans. Thus, the free population of Rome initially numbered 300 clans. The land was owned by the clan - relatives used forests and pastures together, and arable land was divided between families. The clan consisted of large paternal families.2 The owner (pater) of such a family occupied main role. Families headed by a priest were called patrician, and their members were called patricians. The patricians were not only the owners of the land, but had the right to vote and could be elected to all government bodies. The part of the population of Rome that came from the conquered tribes of the conquered territories or moved to the city from other places was called the plebs. The plebeians were not members of the clan organization of Rome, so they did not have the right to an allotment of land from the communal field and were engaged in crafts and trade. Some plebeians owned small plots of their own land, mined different ways. The plebeians were personally free, but did not have political rights and the right to marry representatives of patrician families, and they also performed military service and paid taxes.

The heads of the clans constituted the council of elders or the senate, which over time acquired the significance of the main government authority, consisting initially of 100, later of 300 members. The Senate had the right to preliminary discuss all those cases that were submitted for decision

The People's Assembly (originally a meeting of the Roman curiae). 4 At curiat meetings, new bills were adopted or rejected, all senior officials were elected, including the king; this assembly declared war and, as the highest court, made the final decision when it came to the death sentence of a Roman citizen.

The head of the Roman community, its civil ruler, was the rex - the king, who was elected at a general meeting in which only patricians, members of the oldest Roman families, could participate. The king was the supreme military leader, priest and judge; if necessary, he was assisted by quaestors - officials who carried out trials in cases of murder.

Over time, the number of plebeians begins to increase. Plebeians appear - rich artisans and merchants who begin to play an increasing role in the economy of Rome. They acutely feel their lack of rights and turn into a political and economic force opposed to the patriciate.

Thus, the emergence of the state in Ancient Rome was the result of general processes of decomposition of the primitive communal system, generated by the development of private property, property and class differentiation. But these processes were accelerated by the struggle of the plebeians for equal rights with members of the Roman community, which finally destroyed the foundations of the tribal system of Ancient Rome. The polis as a political community is being replaced by the state.

The consolidation of the victory of the plebeians and the emergence of the state in Ancient Rome is associated with the reforms of Rex Servius Tullius, as a result of which the plebeians were introduced into the Roman people. It was based on differences in property and territorial division, which intensified the process of weakening consanguineous ties that underlay the primitive communal organization. The first part of the reform is the division of the entire free population of Rome into property categories. At the heart of this

division was based on the size of the land plot owned by one or another person: those who had a full plot were included in the first category, three-quarters of the plot - in the second, etc. Later, with the appearance in the 4th century. BC e. money, monetary valuation of property was introduced. In addition, a special group of citizens was separated from the first category - horsemen, and the landless - proletarians - were united into the sixth category.

Limitation royal power according to the Magna Carta of 1215. This conflict ended with the adoption of the Magna Carta in 1215. All successive confirmations of the Magna Carta were supplemented by new, more relevant political articles. Of all the articles of the Charter regulating the relations of the English monarch with his subjects, 30 articles expressed the interests of the barons 7 knighthood and the freeholder elite 3 townspeople.

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Development of the form of government of Ancient Rome

The history of ancient Rome, completing the history of antiquity, is one of the important stages of world history.The Roman state occupies a special place in the history of the legal development of mankind and modern jurisprudence, as does Roman law itself, since it was this system, which once became uniform for the ancient world, that formed the basis of the law of many modern states.

Periodization of history Ancient Rome based on forms of government, which in turn reflected the socio-political situation: from royal rule at the beginning of history to the dominant empire at its end.Thus, the history of Ancient Rome is divided into the following stages:

Royal period (754-753 510-509 BC).
Republic (509 27 BC)

3. Empire (30-27 BC - 491 AD)

Early Empire Principate (27 BC - 193 AD)

Late Empire. Dominat (193 - 476)

The oldest period of Roman history is usually called the “royal” period, which, according to legendary tradition, lasted about two and a half centuries.This period is primarily associated with the emergence of a new city, in the future the capital of an entire empire, Rome.Time of foundation of the city Rome (753 BC) is characterized by the processes of decomposition of the primitive communal system among the tribes that settled near the Tiber River. The unification through wars of three tribes (ancient Latins, Sabines and Etruscans) led to the formation of a community in Rome.

war, and at the same time the beginnings of the class division of society. 1

Initially, the Roman city community (people) consisted of three tribes (tribes), divided into thirty curiae (unions of male warriors), and those into one hundred clans. Thus, the free population of Rome initially numbered 300 clans.The land was owned by the clan; relatives used forests and pastures together, and arable land was divided between families. The clan consisted of large paternal families. 2 The owner (pater) of such a family occupied the main role. Families headed by a priest were called patrician, and their members were called patricians.The patricians were not only the owners of the land, but had the right to vote and could be elected to all government bodies. The part of the population of Rome that came from the conquered tribes of the conquered territories or moved to the city from other places was called the plebs. The plebeians were not members of the clan organization of Rome, so they did not have the right to an allotment of land from the communal field and were engaged in crafts and trade. Some plebeians owned small plots of their own land, obtained through various methods. 3 The plebeians were personally free,but they did not have political rights and the right to marry representatives of patrician families, and they also performed military service and paid taxes.

The heads of the clans constituted the council of elders or the senate, which over time acquired the significance of the main government authority,consisting initially of 100, later of 300 members.The Senate had the right to preliminary discuss all those cases that were submitted for decision

The People's Assembly (originally a meeting of the Roman curiae). 4 At curiat meetings, new bills were adopted or rejected,

1 History of state and law of foreign countries. Part 1. Textbook for universities. 2nd ed., erased. / ed. Prof. Krasheninnikova N.A. and prof. Zhidkova O.A. M.: Norma Publishing House, 2001 - p.160.

2 (Encyclopedia Around the World.)

4 cm: History of state and law of foreign countries. Textbook. 4th ed., revised and supplemented. / ed. Prof. K.I. Batyr. M.: TK Welby, 2003 - p. 81-82.

all senior officials were elected, including the king; this assembly declared war and, as the highest court, made the final decision when it came to the death sentence of a Roman citizen.

The head of the Roman community, its civil ruler, was the rex - the king, who was elected at a general meeting,Only patricians, members of the oldest Roman families, could participate in them.The king was the supreme military leader, priest and judge; if necessary, he was assisted by quaestors - officials who carried out trials in cases of murder.

Over time, the number of plebeians begins to increase. Plebeians appear - wealthy artisans and merchants who begin to play an increasing role in the economy of Rome. They acutely feel their lack of rights and turn into a political and economic force opposed to the patriciate.

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1 See: Ibid., p. 162-163.

The reform was of great military importance. People's militia, i.e.

The Roman army was now built depending on the new division into property classes. Each class exhibited a certain number of centuries (hundreds). 5 This reform was also of great political importance, because After the reform, the century becomes not only a military, but also a political unit. With the inclusion of the bulk of the plebeians in the civil community, popular assemblies in centuries supplant curiat assemblies, which lose almost all significance.

The second part of the reform is the division of the free population according to territorial principles. The territory of the city was divided into 4 districts and tribes, which was evidence of the victory of the principle of territorial division of the population over the tribal one. The city tribes had some political rights and self-government.

The reform of Servius Tullius destroyed a society based on the tribal system, and instead created government system, based on differences in property and territorial division. 4

After the removal of the rex's position as head of state in 509 BC. Rome became republican. The period of the republic was a period of intensive upward development of production, which led to significant social changes, reflected in changes in the legal status of certain groups of the population. In the early republican period, Rome was a polis - a civil community consisting of free people. In the VIV centuries.

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4 See: Ibid., p. 83.

5 (Website "World History")

BC. The Roman Republic can be called patrician, since all officials were electedonly from the patricians. By the end of IVV. BC. the plebeians achievedpolitical rights, and in the 3rd century. BC. the division of Roman society into patricians and plebeians lost its political significance.

Thus, the period of the republic (end of the 6th century BC - mid-1st century)

BC) is characterized by the struggle between the plebeians and patricians, which ended with the complete equalization of the rights of these classes and the merger of the patrician-plebeian elite. During the struggle, a new class structure of Roman society emerged: the nobility, consisting of the senatorial class and the class of equestrians, and the plebs - rural and urban. All of them were Roman citizens (unlike the plebeians during the struggle against the patricians). Non-citizens included the classes of freedmen and slaves.

The Roman Republic combined aristocratic and democratic features, with a significant predominance of the former, ensuring the privileged position of the noble rich elite

slave owners. This was reflected in the powers and relationships of the highest government officials. organs 1 The main authorities were: People's Assemblies, Magistrates, Senate.

During the Republican period, there were three types of popular assemblies:

1. Curiat - people's assemblies of 30 clan curiae. They had the formal right to delegate executive power to magistrates (officials) and decided on certain issues family relations;

2. Centuriate - popular assemblies that met according to military-political divisions (centuries). They elected senior officials: consuls, praetors, censors, decided issues of war and peace,

dealt with criminal cases;

3. Tributary - popular assemblies that met in tribes and territorial districts into which the Roman state was divided. They

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1 See: Ibid., p. 170.

elected lower officials, considered complaints against fines, and passed laws.

Public assemblies in Rome were convened at the discretion of senior officials, who could interrupt the meeting or postpone it to another day. They presided over the meeting and announced issues to be decided.

The most important body state power In the Roman Republic there was a Senate. InitiallyThe Senate consisted of 300, at the end of the 1st century. BC. - out of 600 people. The Senate was staffed mainly by senior Roman magistrates who had served their terms; they were appointed by specially authorized persons elected by the People's Assembly - the censors. The Senate approved the resolutions of the comitias, directed foreign policy, finances, state property, supervised the religious cult, determined the timing of the recruitment of soldiers, the contingent of troops, and the powers of military leaders. The Senate formalized its decisions in the form of senatus consultations, which were guided by the magistrates, although they did not have legislative force.

Executive power in the Roman Republic belonged to magistrates - officials elected by the comitia for a year. The magistracy was represented by officials who performed various management functions. The most important principles were: election, collegiality, urgency, responsibility to the people, gratuitous service. 6 Master's degrees were divided into ordinary (permanent) and extraordinary (extraordinary). Ordinary master's degrees included:

1. Two consuls - two high magistrates. The consuls had the highest civil and military power: they convened the comitia and the senate and carried out their decisions, supervised the elections of other magistrates, recruited and commanded troops. The power of the consuls was collegial: one of them could veto the decision of the other.

2. Praetors - the highest magistrates in charge of legal proceedings. From 247 BC two praetors were elected: the city praetor, who heard legal cases among citizens, and the praetor peregrinus, who heard legal cases between citizens and non-citizens (peregrini).

3. Two censors - the highest magistrates who conducted censuses of citizens, revised the lists of members of the Senate, monitored the receipt of taxes, farmed out state revenues, and supervised the behavior and morals of citizens.

4. Tribunes of the People - Roman magistrates elected from 494 BC. only from the plebeians as defenders of their interests before the patricians. The tribunes of the people had the right of veto - the right to suspend the actions and decisions of magistrates and protest the opinions of the Senate. The person of the tribune was considered sacred and inviolable, violence against his person was equated to religious crimes.

5. Quaestors are the lowest of the ordinary magistrates. They were in charge of the treasury, kept financial books of income and expenses, accompanied consuls on military campaigns, were in charge of the sale of prisoners and the accounting of military booty.

6. Aediles - lower magistrates in charge of the improvement of the city of Rome. They organized public celebrations, controlled supplies

cities with food and maintaining order in the city.

Extraordinary magistrates, which were created only in extraordinary circumstances that threatened Rome with special danger. A dictator is the sole bearer of unlimited power, appointed

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6 Kudinov O.A. History of state and law of foreign countries: Educational and practical manual / Moscow State University of Economics, Statistics and Informatics. - M.: MESI, 2004. p. 24.

The Republican period in the history of Ancient Rome is characterized by almost continuous wars. The territory owned by Rome was constantly increasing, and its power was growing. The consequence of Rome's military successes and the seizure of new territories was a sharp increase in the number of slaves. The development of slave society in Rome leads to an aggravation of all its class and social contradictions.

The main reason for the fall of the republic was the contradiction between the political form of the republic of the 1st century. BC e. and its social and class content. The wide Mediterranean market, new groups of provincial slave owners, complex relationships between Italy and the provinces, between citizens and “non-citizens” urgently required a new system of government. It was impossible to govern a world power with methods and apparatus suitable for a small community on the Tiber. The most important phenomenon in the socio-economic and political life of Ancient Rome in the 2nd century. BC e. should be considered a crisis of the polis organization, when the old republican institutions, adapted to the needs of the small Roman community, turned out to be insufficiently effective in the new conditions.

The crisis of slavery, the conflict between the center and the provinces, the grandiose uprisings of slaves (in Sicily and under the leadership of Spartacus) led to the 1st century. BC. to the fallRepublic in Rome. Empire (monarchy) became the form of state power with which slave owners hoped to maintain their dominance. 6

The Principate is a form of government in Ancient Rome in which republican institutions were formally preserved: People's Assemblies meet, the Senate sits, consuls, praetors and tribunes of the people are still elected. But in reality all power belonged to the emperor-princeps, who unites in his hands the powers of all the main republican

6 See: Ibid., p. 24, 27.

master's degree As a censor he staffs the Senate, as a tribune he cancels at his will the actions of any authority, like a consul and dictator he determines the policy of the state, gives orders in branches of government, commands the army, etc. 4 He is given the title “August” (“exalted by the deity”). Components The princeps' management systems become: a “council of friends”, which has developed into a permanent body, a council, a special treasury, a fiscus, several offices, and numerous officials appointed by the princeps. The basis of his power is the standing army, and, above all, the Praetorian Guard, which guards

princeps. The head of the praetorians, the praetorian prefect, became the confidant of the princeps. While the republican government declines, the apparatus of the princeps continuously grows and strengthens, and the republican cover soon becomes unnecessary.

Period 193-284 often referred to by historians as the time of crisis of the 3rd century. Essentially, it was a crisis of the slave system. Land ownership is everything

more went to the provincial nobility, and the main labor force became the colons - small tenants of the land. Subsistence agriculture began to dominate. In addition, there was no national unity in the Empire. At the same time, the barbarian invasion of the empire begins.

At the end of the 3rd century. Different layers of the ruling class of the Roman Empire, frightened by the economic crisis and barbarian invasions, temporarily rally around the emperor's power.In the III V centuries. AD a new form dominant is approved (from the new name of the emperor “dominus” “lord”). The old republican institutions are losing power and disappearing. All management is concentrated in the hands of the emperor, whose power is now considered as a divine institution. Among the leading institutions of the Dominance period one can single out the State Council

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4 See: Ibid., p. 94.

consistory, financial department, military. An extensive state apparatus is being created with a mass of officials: exceptional, noble, illustrious. A strict hierarchy is established among them. The highest dignitaries include the quaestor of the sacred palace (the head of the consistory), the master of positions, and the head of the sacred bedchamber. The Senate has been preserved, but its role is completely insignificant. Magistrates become honorary titles. In 395, the empire was divided into two parts: Western (with its capital in Rome) and Eastern (with its capital in Constantinople). Each of them is headed by the emperor Augustus, who appoints an assistant to himself, Caesar.

Serious changes are taking place in local government. Introduced

a unified system of administrative division: prefecture, diocese, province. Each province was led by a governor who relied on his own bureaucratic apparatus. The most important function of the governors was the collection of taxes. The highest civil authority in the prefecture belonged to the praetorian prefect, to whom the diocesan vicars and provincial presidents were subordinate. Prefects reported directly to the emperor. They had no military functions, since civil power was finally separated from military power. During this period, the police were reorganized. The army is finally turning into a permanent, professional army with the strictest discipline and special privileges. Despite all these measures, Rome did not emerge from the crisis. In 476, under the continuous pressure of the barbarians, the Western Roman Empire fell.

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7 See: Ibid., p. 29.

Limitation of royal power under the Magna Carta of 1215.

To the beginning XIII V. In England, objective prerequisites are emerging for the transition to a new form of feudal state - a monarchy with class representation. However, the royal power, which had strengthened its position, did not show any readiness to involve representatives of the ruling classes in resolving issues of public life. In this regard, recognition of the right of estates to participate in resolving important political and financial issues occurred in England during acute socio-political conflicts.

This conflict ended with the adoption of the Magna Carta in 1215.Magna Carta played an important role in English history. It contributed to the formation of the English class monarchy (starting from 1297, all successive confirmations of the Magna Carta were supplemented by new, more relevant political articles).

Of all the articles of the Charter regulating the relations of the English monarch with his subjects, 30 articles expressed the interests of the barons, 7 of the knighthood and freeholder elite, and 3 of the townspeople. The charter in form looked like an agreement between the king and peers, secular and spiritual representatives. 7

All these articles can be divided into three main groups:

1) Articles reflecting the material interests of different social strata;

2) Articles purporting to establish new political orders, in particular to limit royal power - the so-called constitutional articles;

3) Articles confirming the previously existing or newly created order of work of judicial and administrative bodies, as well as suppressing abuses of the royal apparatus in the center and at

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7 History of state and law of foreign countries: Tutorial. / Chepurnova N.M., Seregin A.V. M.: Eurasian Open Institute, 2007. p. 87.

places.

The central place in the Charter is occupied by articles expressing the interests of the barons who led the movement.Most of the articles of the Charter concern the vassal-fief relations of the king and the barons and seek to limit the arbitrariness of the king in the use of his seigneurial rights associated with land holdings. These articles regulate the procedure for guardianship, obtaining relief, debt collection, etc.Baronial fiefs were declared freely inheritable possessions.Thus, Article 2 of the Charter made the determination of the amount of relief from the king’s vassals dependent on the size of landownership that was inherited. According to Article 4, the fief guardian was supposed to receive moderate income for his own benefit and not cause damage to either the people or things of the warded property. Concession to large feudal lords was also made in articles that speak of reserved royal forests and rivers (Articles 44, 47, 48). 1

The charter restored some of the seignorial rights of the barons, infringed as a result of the expansion of royal jurisdiction; thus it was forbidden to transfer, by royal order, claims for property from the baron's curia to the royal curia. The king promised to eliminate any arbitrariness in imposing monetary duties on the barons. According to the Charter, "shield money" and allowances could now be collected by the king only with the general consent of the Council of the Realm. Article 14 of the Charter states: “And in order to have this general Council of the kingdom for the assessment of benefits or for the assessment of shield money, we will command that archbishops, bishops, abbots, and counts be summoned.” This placed an obstacle against the king's abuses. The procedure for collecting benefits for ransom from the captivity of the king, for the elevation of the firstborn son to knighthood

The dignity of marrying off the monarch's eldest daughter remained the same, but the amount of such benefits had to be moderate. 7

At the same time, some provisions of the Charter protected the interests of other participants in the movement. Thus, previously existing

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7 See: Ibid., p. 88

privileges and freedoms of the church and clergy, in particular freedom of church elections.

The interests of knighthood in the most general form were expressed in Articles 16 and 60, which spoke of performing only the required service for knightly fief and that the provisions of the Charter relating to the relationship of the king with his vassals also apply to the relationship of barons with their vassals. In relation to the knights, the charter provided for the promise of the barons not to take any fees from their vassals without their consent, except for the usual feudal benefits, and also not to force them to perform duties in large size than the one that follows custom.

The charter confirmed the ancient liberties of London and other cities, as well as the right of merchants, including foreign ones, to freely leave and enter England and conduct trade without any restrictions. The charter established the unity of weights and measures necessary for trade. “Let there be one measure of wine throughout our whole kingdom, and one measure of beer, and one measure of bread, namely, a London quarter, and one width of dyed and undyed cloth and cloth for armor, namely, two cubits between the edges; the same thing that applies to measures, let it also apply to weights...”

Article 39 laid the foundation for individual freedom: no free person could be arrested, imprisoned, deprived of property or protection of the laws, expelled or subjected to other punishment, except by the court of his peers and according to the laws of the land. Article 20 limited the size of administrative fines: a free person retained property in the amount necessary to maintain social status; when collecting these fines, the merchant's goods and the villan's inventory were declared inviolable.Free peasants were promised not to be burdened with unbearable exactions and not to be ruined by fines.

Article 17 breaks the connection between the administration of justice and the person of the king, decreeing that general litigation will be tried and decided in a certain place once and for all (Westminster), and will not follow the king. Cases of crimes falling within the exclusive jurisdiction of the crown court should no longer be decided by sheriffs, coroners and other officials of the king (Article 23). Such cases must be heard exclusively by the judges of the Kingdom of England. Thus, the judiciary was separated from the administration. This was the beginning of the separation of powers.

In Art. 36 the king promised that henceforth he would not accept in his office an order ordering the investigation of a person arrested on a charge of crime, and would not refuse a request to issue such an order. Here we are talking about fixing an important procedural means of protecting a prisoner, sometimes completely innocent, from arbitrariness, which gives him a certain guarantee for a relatively quick analysis of his case, preventing the threatening danger of waiting months and years for a court verdict. 7

Particularly famous is Art. 39 Charter. It read: “No free man shall be arrested or imprisoned, or dispossessed, or in any (other) way dispossessed, and we will not go against him or send against him except by the lawful judgment of his equals and according to the law of the land." Thus, it prohibited the arrest, imprisonment, dispossession, outlawry, exile, or "dispossession in any manner" of free people except by the lawful judgment of their peers or the law of the land.The idea of legality was clearly stated in Art. 40: “No oneWe will sell rights and justice, we will not deny them to anyone or slow them down.” 8

Many Englishmen believed that Articles 39 and 40 of the Charter gave it unfading glory throughout the centuries; they were reread with blessing, like a holy letter, seeing in them a solemn legal formulation of the principle of civil freedom, open to everyone

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7 See: Ibid., p. 89

8 (Digital library)

a civilized person, a guarantee against administrative arbitrariness and lawlessness. Probably, one cannot downplay the enormous historical role of these articles as a banner that united the British in their struggle for the freedom of their country, for the best forms of political existence.

Given the role of the church in this conflict, the king was forced in the very first article of the Charter to confirm its original freedoms and privileges. Of particular importance was a large group of articles aimed at streamlining the activities of the royal judicial and administrative apparatus. This group of articles (Articles 18 - 20, 38-40, 45, etc.) confirms and consolidates those that have developed since the 12th century. judicial, administrative and legal institutions, limits the arbitrariness of royal officials in the center and locally.

The Charter makes an attempt to establish certain political mechanisms and guarantees that could prevent its violation in the future and a return to the previous policy of the royal administration. These guarantees are sometimes referred to as the “constitutional clauses” of the Charter. Article 61 provides for the establishment of a committee of 25 barons with certain control functions in relation to the king. 1

The significance of the Charter in the state and legal history of England is enormous.The Magna Carta went down in history as the first constitutional act of significance for modern English constitutionalism. The articles of the Charter on the control and advisory functions of the Council of the Realm prepared the legal basis for the English Parliament. However, the most famous articles were those that guaranteed the free population of England personal integrity and fair justice.

The significance of this document was most clearly manifested in subsequent eras, but from its very appearance the Charter was a symbol of protest

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1 See: Ibid., p. 347.

people against the oppression of the authorities, and each subsequent generation used it as a guarantee of respect for individual rights. Moving away from the real historical ground on which the Charter grew up and took hold, a peculiar ideological phenomenon arises: the history of the Charter becomes the history of its interpretations pursuing political goals. There is still no consensus among historians and government scholars regarding the assessment of the Magna Carta of 1215.

Historians D.M. Petrushevsky and R.Yu. Winner sees in the Charter a victory of feudal reaction. Thanks to the ahead-of-time ideas contained in the Magna Carta of 1215, it marked the beginning of the development of human rights legislation. Other important documents related to individual rights and freedoms in England were based on the text and main idea of the Magna Carta: “no free person can be arrested or persecuted except by order of a court.” In states of the Anglo-Saxon legal system, these documents are still used in judicial practice, and in the United States, both federal and local Constitutions contain ideas and quotations from the Magna Carta.

Bill of Rights 1791

The original text of the US Federal Constitution did not contain a special article or section devoted to civil rights and liberties, although some of them mainly contained individual regulations. This kind of oblivion of civil rights and freedoms caused enormous discontent among democratically minded sections of the population and even jeopardized the ratification of the constitution. Already in July 1789, the first 10 amendments were introduced into the first congress, convened on the basis of the Constitution, at the suggestion of D. Madison, which by December 1791 were ratified by the states and simultaneously entered into force. The amendments that make up the Bill of Rights are equivalent in meaning to determining the legal status of an American citizen. 9

Bill of rights - the main legal document guaranteeing the personal political rights and freedoms of US citizens. Put an end to the concept of divine origin of power king and government, characteristic of early medieval Europe and the era absolutism.

The rights and guarantees proclaimed in the bill were significantly narrower than those contained in the constitutions of most states, but they were universal and created a high level for the 18th century. degree of national democracy. The amendments had at least a double goal: they created a sphere of federal control and legislation regarding civil rights and freedoms, and secondly, for the first time in the field of political legislation, they were structured as prohibitions and restrictions imposed, including on legislators.

The first ten amendments were not uniform in their purpose and were not always related to clarifying civil rights and freedoms. The last of these says that the residual powers are exercised by the state and the people inhabiting it. Ninth Amendment

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contains a reservation that the list of rights now available in the Constitution does not infringe on other rights that have already been recognized or will be recognized for citizens in the indefinite future. The Third Amendment regulates such a rare matter now for constitutions as the procedure for accepting soldiers for quarters in peacetime or war (this matter was considered important from the point of view of respecting the rights of citizens to the inviolability of their home). The remaining seven amendments dealt with specific civil rights and freedoms that a citizen, in principle, needs for normal, i.e. safe and unfettered life in a state-organized society and for participation in the affairs and concerns of the state.

A special place in the Bill of Rights is occupied by the 1st Amendment, which proclaims freedom of speech, press and assembly. Thus, Amendment I speaks of freedom of religion, freedom of speech and press, the right of the people peaceably to assemble and petition the government: “Congress shall make no law respecting an establishment of any religion, or prohibiting the free exercise thereof, or abridging the freedom of speech.” or the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." 10

The preservation of religious freedom was and is one of the oldest and most important components of personal freedom. Thus, guaranteeing religious freedom is an important component of civil rights. In order to avoid interference with religious freedom while maintaining compatibility with the underlying reasons relating to the non-provability of religion, it is important that the Government does not give preference either to a non-religious doctrine or to any particular religion.

The fundamental rights of citizens are still based on the First Amendment.

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and political associations - parties, trade unions, associations and confessions.

The 2nd Amendment recognizes that, in order to guarantee liberty, the states have the right to maintain militia , and the people keep and bear arms. There have been many years of controversy surrounding it, with opponents of free arms trade seeking its abolition.

The 3rd Amendment prohibits the quartering of soldiers in private homes without the owner's consent in time of peace; it has lost its actual meaning.

The 4th Amendment guarantees security of person and property by prohibiting searches and seizures without a warrant, which can only be issued by the judiciary upon a showing of "probable cause." 11 These provisions, enforced through judicial protection, express a commitment to the idea that specific individual liberties—freedom of expression, religion, and others against unreasonable government intrusions into private life—are essential elements of a free society. These privacy protections are usually lumped together under the term "civil liberties."

The 5th Amendment introduced trial by jury, declaring that “no person shall be compelled in any criminal case to be a witness against himself, or to be deprived of life, liberty, or property, without due process of law.”

Amendments 6, 7 and 8 are devoted to procedural principles and guarantees of legal proceedings; they determined the range of criminal and civil cases that were to be tried with the participation of jurors. The same amendments prohibited excessive taxes and fines, as well as cruel and unusual punishment.

Under Amendment 6, all criminal cases were tried by jury.

_____________________________________________________________

11 Megaencyclopedia of Cyril and Methodius

The accused had the right to confront witnesses who did not testify in his favor; he was allowed to call witnesses on his side and resort to the advice of a lawyer. 4

Amendment 7: "In all suits at the common law, where the value in dispute exceeds twenty dollars, the right of trial by jury shall be preserved; no fact tried by the jury shall be reviewed by any court of the United States except in accordance with with the norms of general morality."

Amendment 8: "Excessive bail shall not be required or imposedexcessive fines or cruel and unusual punishments." 10 Under the 8th Amendment, different states allowed or prohibited the death penalty, depending on whether the state court classified the death penalty as “cruel or unusual punishment.”

The 9th Amendment states that rights “already enjoyed by the people,” even if not included in the Constitution, cannot be repealed. This amendment is used by supporters of an expansive interpretation of all rights.

The 10th Amendment did not address civil rights at all: “The powers not delegated to the United States by this Constitution, nor prohibited to the several States from the exercise thereof, are reserved to the States or to the people.” According to the 10th Amendment, states' rights not transferred to the federal government are inviolable. Supporters sovereignty states, in particular duringAmerican Civil War, often relied on the 10th Amendment. In 1941, the Supreme Court ended the dual interpretation of the Bill of Rights by ruling that states' rights were recognized only to the extent established by federal law. 11

Combined with these amendments, the U.S. Constitution took on even greater focus. Was created, as subsequent history showed,

______________________________________________________________

4 See: Ibid., p. 266.

10 See: Ibid.

11 See: Ibid.

most best option political system for USA.

It should be noted that the desire of the drafters of the Constitution of 1787 to circumvent the problem of rights and freedoms was quite understandable:

1. The Declaration was adopted at the beginning of the war for independence against the British royal power, when it was necessary to explain the reasons for this war. And the Constitution was adopted after the victory in this war, when the right to insurrection could be turned against the US government itself;

2. The Declaration of Independence declared that all men are born equal and liberty is their unalienable right. The drafters of the Constitution quite rightly feared that the proclamation in the federal Constitution of the principles of equality of individual rights and freedoms could, in the conditions of the existence of slavery in the southern states of the United States, lead to a split between the southern and northern states (which, in the end, happened in the 60s of the XIX century). V.)

The adoption of the Bill of Rights was an undoubted victory for American democracy. At the same time, it should be borne in mind that this document, like the constitution itself, says nothing about socio-economic rights and freedoms. The brief provisions contained in the Bill of Rights have been extensively interpreted in numerous Supreme Court decisions and detailed in hundreds of acts of Congress. 9

Thus, the Constitution of 1787 and the “Bill of Rights” for the first time in human history established representative democracy, the principle of separation of powers, the principle of federalism, as well as the democratic rights and freedoms of man and citizen. The Basic Law of the United States had a great influence on the development of constitutionalism in other countries and the development of ideas of the rule of law.The Bill of Rights was used in the developmentUniversal Declaration of Human Rights, adopted by the UN on December 10, 1948, and similar documents in force in many countries around the world.

_____________________________________________________________________________________ 19 See: Ibid., p. 38.

List of used literature:

History of state and law of foreign countries. Textbook. 4th ed., revised and supplemented. / ed. Prof. K.I. Batyr. M.: TK Velby, 2003-496p.
History of state and law of foreign countries. Part 1. Textbook for universities. 2nd ed., erased. / ed. Prof. Krasheninnikova N.A. and prof. Zhidkova O.A. M.: Norma Publishing House, 2001 - 624 p.
History of state and law of foreign countries. Part 2. Textbook for universities. 2nd ed., erased. / ed. Prof. Krasheninnikova N.A. and prof. Zhidkova O.A. M.: Publishing house NORMA-INFRA, 1998 - pp. 37-38.
Kudinov O.A. History of state and law of foreign countries: Educational and practical manual / Moscow State University of Economics, Statistics and Informatics. - M.: MESI, 2004. 305 p.
History of state and law of foreign countries: Textbook. / Chepurnova N.M., Seregin A.V. M.: Eurasian Open Institute, 2007. 198 p.
http://www.krugosvet.ru/enc/istoriya/DREVNI_RIM.html(Encyclopedia Around the World.)
http://www.istmira.com/istoriya-drevnego-mira/452-carskij-period-v-istorii-rima.html(Public History Library)
http://historic.ru/books/item/f00/s00/z0000017/st019.shtml(Website "World History")
http://lib.ru/INOOLD/ENGLAND/hartia.txt(Digital library)
http://www.grinchevskiy.ru/17-18/bill-o-pravah.php(US History in Documents website)
http://www.megabook.ru/Article.asp?AID=615898(Megaencyclopedia of Cyril and Methodius)

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MINISTRY OF GENERAL AND PROFESSIONAL EDUCATION OF THE RUSSIAN FEDERATION

Krasnoyarsk Agrarian University

Main forms of government in Ancient Rome

Is done by a student

Checked:

Krasnoyarsk 98

Introduction

Rex reign period

Reform of Servius Tullius

Political organization of the slave-owning aristocratic Roman Republic

Master's degree

Dictator

"Collective" bodies

Features of the Roman aristocratic republic

Crisis of the Roman Republic and transition to monarchy

State organization of Rome during the imperial period: principate and dominance

Principate

Conclusion

Bibliography 3

Introduction.

The history of Ancient Rome dates back to the eighth century BC. (754-753). The Roman people are divided into clans (gens), unions of clans (curia) and three tribes - Ramni, Titii and Lucerians. The head of the city was the rex (king). There were seven kings in total - starting with Romulus and ending with Tarquin the Proud.

In 509 BC. Tarquin the Proud was overthrown, and the consul Junius Brutus was elected head of the city. The royal period ends and the period of the republic begins, which took about 500 years (509-27 BC).

Since 27 and up to 476 AD Rome is going through a period of empire, which in turn breaks up into the period of the principate (27 BC - 193 AD) and the dominant (193-476).

1. The period of the reign of the Rex.

The Roman community of the period of military democracy is heterogeneous in its social structure. Noble families, aristocrats and patricians stood out. From among them come military leaders and city magistrates. They traced their origins to gods, kings, and heroes. Little by little, the aristocracy acquires a clientele dependent on itself, and even earlier, slaves.

On certain days, clans, curiae, tribes, and then the entire union of tribes met in meetings to consider matters within their competence; about disputed inheritances and legal disputes in general, death sentences, etc.

There were 300 clans in total, 100 in each tribe. 10 clans formed a curia, 10 curias formed a tribe (tribe). Such an organization has been and remains the subject of scientific discussion, because its artificial origin is striking. This is - in essence - an army, rationally organized, at an early stage, under Romulus, which conquered and defended the captured land, and then began the systematic seizure of Italy.

The clan was a naturally formed unit and was patrilineal. Relatives bore the same name. This generic name was derived from the name of a real or mythical ancestor. Relatives should not marry within the clan.

As a member of a clan and tribe, a Roman citizen:

was a participant in common land ownership in the form of an allotment allocated to him and his family;
received the right to inherit the allotment and family property in general;
could demand help from his family and proper protection;
participated in general religious celebrations

In turn, the curia, the tribe and the union of tribes as a whole could demand from each citizen the fulfillment of his military and other public duties. Until a certain time, the rights and obligations of citizens were in a kind of harmony.

The heads of the clans constituted the council of elders or the senate, which over time acquired the significance of the main government authority. As family rulers, they were called fathers. The Senate had the right to preliminary discuss all those cases that were submitted to the decision of the people's assembly. He was also in charge of many of the current affairs of governing Rome. The total number of senators was first 100, then 300.

The Senate also existed under the kings, as well as the popular assembly, which was originally a meeting of the Roman curiae. Voting was also carried out among the curiae. Finally, the head of the Roman community, its civil ruler and supreme military leader was Rex, the king. It was an elected position accountable to the people. Rex had the functions of military leader, high priest and sometimes chief judge.

Also, general meeting of the Roman people was, in addition to what was said, a military assembly, a review of the military strength of Rome. It was organized and voted according to its divisions.

Members of the clans, and through them the tribes, made up the Roman people. Thanks to the growth of productive forces, the emergence of patriarchal slavery and the property differentiation that arose on this basis, inequality developed among the Romans both between clans and within clans. In contrast to the clan, the patriarchal family became stronger. Individual noble families stood out. Their members began to claim a better share of the spoils, as well as the exclusive right to join the Senate, become military leaders, etc. This clan elite stood apart as patricians. On the contrary, poorer families supplied a layer of indentured slaves and people in different types dependence, often similar to patriarchal slavery.

The clan organization of the Romans was destroyed. This process was aggravated by the fact that on the expanded territory of Rome, thanks to the conquests, there was a new settlement of conquered and foreigners who voluntarily settled in the city. These settlers, whose numbers grew, were called plebs, i.e. a bunch of.

The plebeians were free, they achieved the right of private ownership of land, engaging in crafts and trade. In terms of property they were heterogeneous. In their environment, not constrained by family ties, private property developed faster. Because of this, one part of them became rich, while the other became poor and easily fell into debt bondage. Initially, the plebeians were not included in the clan organizations of the indigenous Romans and were politically powerless. Sometimes some of the plebeians turned to the powerful patricians, seeking protection and help. On this basis, a relationship of dependence arose - “clienteles”. The patrician patron accepted the client into his family, gave him his name, allocated him part of the land, and defended him in court. The “client” (i.e., the faithful, obedient one) obeyed the patron in everything and was obliged to participate together with his family in the war. The bonds of clientele were considered sacred and inviolable.

The number of clients and even indentured slaves included mainly plebeians, but the native Romans also found themselves in such dependence.

At the end of the royal era (6th century BC), Roman society was already well aware of inequality and oppression, tribal relations gave way to class ones, and clan institutions were transformed into state ones.

Reform of Servius Tullius.

An important step On the path of Roman statehood there was a reform, which Roman tradition associates with the name of the sixth rex Servius Tullius. Under him, the plebeians were introduced into the Roman community, and the territorial tribes somewhat displaced the tribal ones.

It was done this way: Servius Tullius divided the entire male population of Rome, both patricians and plebeians, into six property categories. The criterion for property status was land allotment, livestock equipment, etc. Class 1 included people whose property was valued at no less than 100,000 copper asses. The minimum size for the 2nd class was property of 75,000 asses; for the 3rd - 50,000, for the 4th - 25,000, for the 5th - 11,500 asses. All poor people made up the 6th class - proletarians, whose wealth was only their offspring.

Each class fielded a certain number of military units - centuries (hundreds): 1st class - 80 centuries of heavily armed and 18 centuries of horsemen, a total of 98 centuries; 2nd grade - 22; 3 - 20; 4 -22; 5 - 30 lightly armed centuries and 6th class - 1 century, in total 193 centuries. Since each century had one vote, the combined opinion of the richest centuries gave 98 votes out of 193, that is, a majority. Therefore, during the coordinated voting of the first two categories, the rest were not asked.

In this simple way, the beginning of the rule of the rich and noble was laid, regardless of whether they were patricians or plebeians.

Along with all this structure, another important innovation was introduced to the undoubted benefit of the plebeians: the territory of the city was divided into 4 territorial districts - tribes, which serves as evidence of the victory of the principle of territorial division of the population over the tribal one.

The significance of the reforms of Servius Tullius is enormous. Everyone's solution critical issues In the life of the Roman community, the transition to comitia centuriata took place, in which the entire population liable for military service participated, while the comitia curiata lost their significance. By merging patricians and plebeians into a single people, introducing territorial districts, and bringing to the forefront rich people, and not just well-born, the reform of Servius Tullius destroyed a society based on consanguinity and created in its place state a device based, as F. Engels wrote, on property differences and territorial division.

2. Political organization of the slave-owning aristocratic Roman republic.

The reform of Servius Tullius was an important concession to the plebeians, but it still did not put them on an equal footing with the patricians. Especially with regard to the allocation of land, which

MINISTRY OF GENERAL AND PROFESSIONAL EDUCATION OF THE RUSSIAN FEDERATION

Krasnoyarsk Agrarian University

Main forms of government in Ancient Rome

Is done by a student

Checked:

Krasnoyarsk 98

Introduction.

Since 27 and up to 476 AD Rome is going through a period of empire, which in turn breaks up into the period of the principate (27 BC - 193 AD) and the dominant (193-476).

1. The period of the reign of the Rex.

As a member of a clan and tribe, a Roman citizen:

1. was a participant in common land ownership in the form of an allotment allocated to him and his family;

2. received the right to inherit the allotment and family property in general;

3. could demand help from his family and proper protection;

4. participated in general religious celebrations

Also, the general meeting of the Roman people was, in addition to what was said, a military meeting, a review of the military strength of Rome. It was organized and voted according to its divisions.

Members of the clans, and through them the tribes, made up the Roman people. Thanks to the growth of productive forces, the emergence of patriarchal slavery and the property differentiation that arose on this basis, inequality developed among the Romans both between clans and within clans. In contrast to the clan, the patriarchal family became stronger. Individual noble families stood out. Their members began to claim a better share of the spoils, as well as the exclusive right to join the Senate, become military leaders, etc. This clan elite stood apart as patricians. On the contrary, poorer families supplied a layer of indentured slaves and people in various types of dependence, often similar to patriarchal slavery.

The number of clients and even indentured slaves included mainly plebeians, but the native Romans also found themselves in such dependence.

Reform of Servius Tullius.

An important stage on the path of Roman statehood was the reform, which Roman tradition associates with the name of the sixth rex Servius Tullius. Under him, the plebeians were introduced into the Roman community, and the territorial tribes somewhat displaced the tribal ones.

In this simple way, the beginning of the rule of the rich and noble was laid, regardless of whether they were patricians or plebeians.

The significance of the reforms of Servius Tullius is enormous. The resolution of all the most important issues in the life of the Roman community passed to the comitia centuriata, in which the entire population liable for military service participated, while the comitia curiata lost their importance. By merging patricians and plebeians into a single people, introducing territorial districts, and bringing to the forefront rich people, and not just well-born, the reform of Servius Tullius destroyed a society based on consanguinity and created in its place state a device based, as F. Engels wrote, on property differences and territorial division.

2. Political organization of the slave-owning aristocratic Roman republic.

The reform of Servius Tullius was an important concession to the plebeians, but it still did not put them on an equal footing with the patricians. Especially in regard to the allocation of land, which became more and more as Italy was conquered. Another problem concerned the abolition of debt slavery, which is inevitable if the debt is not paid on time.

But to achieve both, the plebeians needed political rights Things came to a head with sharp clashes, but in the end, the plebeians achieved satisfaction of all their demands:

1. Institutions of special plebeian magistracy so-called. the people's tribunate, designed to protect the plebeians from the arbitrariness of the patricians;

2. Access to public land on an equal basis with patricians;

3. Protection from the arbitrariness of patrician judges (by introducing a code of laws known as the Laws of the 12 Tables);

4. Permissions for marriages between patricians and plebeians;

5. The right to occupy first some, and then all major government positions, including military ones.

In 287 BC. it was decided that the decisions of the plebeian assemblies have the same force as the decisions of the centuriate comitia, i.e. obligatory for all Roman citizens without exception and all government agencies Rome. In addition, these decisions were not subject to either approval by the Senate or its revision.

History of state and law of foreign countries: Cheat sheet Author unknown

14. THE FLOWING AND DECLINE OF THE REPUBLICAN FORM OF GOVERNMENT IN ANCIENT ROME

In the VI–IV centuries. BC e. in Roman society, social differentiation continued among the free population. In 494 BC. e. The plebeians obtained from the patricians the right to annually elect their representatives - the tribunes of the people (they protected the plebeians from oppression by the patrician magistrates). In the 4th century. BC e. the conquest of new territories led to a sharp increase in the number of slaves and a noticeable increase in their role in agriculture and craft. In the 1st century BC e. Italics (free residents of Italian policies subordinate to Rome) received Roman citizenship.

Central government bodies authorities. 1. People's assemblies were empowered to make decisions that had legal force. The main type of popular assembly was the comitia centuriata: they adopted bills, organized the elections of senior magistrates (consuls, praetors, censors), and had judicial powers. 2. Senate: its members at the beginning of the republic were appointed consuls, and from the 4th century. BC e. – censors (special magistrates). Formally, the Senate was considered an advisory body under the magistrates: it approved laws adopted by the people's assembly and was in charge of finances. In cases of invasion by enemies or internal unrest, the Senate made a decision to approve the dictatorship and grant emergency powers to a special official (magistrate extraordinaire) - the dictator. From ser. V century BC e. Plebeians were admitted to the Senate. 3. The system of magistrates included officials authorized to represent the Roman state and on its behalf to make judicial and administrative decisions. Principles of organization and activity of magistrates: election, collegiality, urgency in the exercise of powers, responsibility to the people, gratuitous execution civil service. Kinds magistrates: those with the highest authority (imperium) (consuls and praetors) and those who do not have such powers.

Military service All full-fledged citizens who possessed a sufficient amount of property had to serve. In the 5th century BC e. was produced reform of Furius Marcus Camillus. The soldiers' salaries were set; placement in the ranks was now determined not by property status, but by experience and training. The army was commanded by the consuls. Consul Gaius Marius in 107 BC e. replaced the volunteer army with a hired army: the commander distributed the salary. The ground arose for a military dictatorship, which Sulla established in 82–79. BC e.

Criminal proceedings carried out by consuls (later also by praetors). By Valery's law death sentences passed by consuls within the city limits could be appealed to the comitia centuriata. In the provinces, the courts were administered by proconsuls and propraetors (administrative officials appointed from Rome).

I century BC e. – a period of political instability: triumvirates and dictators replaced each other 27 BC e. the republic fell Octavian's principate was established, he received the title of emperor and lifelong rights of the people's tribune, became Augustus (the most holy) and pontiff (high priest).

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