12.3 Influence on law and government
8 min read•august 20, 2024
The ancient Mediterranean world laid the groundwork for modern Western legal and political systems. Greek and Roman traditions established key principles like , , and that continue to shape governance today.
These early experiments in democracy and republicanism introduced concepts like citizen participation, representation, and checks on power. While adapted over time, core ideas from ancient Greece and Rome remain central to how many Western governments function.
Foundations of Western legal systems
- The legal systems of many Western countries have their roots in the legal traditions of ancient Mediterranean civilizations, particularly those of ancient Greece and Rome
- These ancient legal systems established fundamental principles and practices that continue to shape modern legal frameworks and understanding of law and justice
Influence of Roman law
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- Roman law served as a foundation for many European legal systems, especially in continental Europe
- Developed a comprehensive legal code that covered a wide range of areas including property rights, contracts, family law, and criminal law
- Emphasized the importance of written laws and legal precedents in establishing a stable and predictable legal system
- Introduced concepts such as the presumption of innocence and the right to a fair trial
Corpus Juris Civilis
- Comprehensive collection of Roman laws compiled under the Byzantine Emperor Justinian I in the 6th century CE
- Consisted of four parts: the Code (imperial laws), the Digest (opinions of jurists), the Institutes (legal textbook), and the Novels (new laws)
- Served as a basis for many European civil law systems and influenced the development of international law
- Rediscovered and studied in medieval Europe, contributing to the development of modern legal scholarship and education
Common law vs civil law systems
- Two main legal traditions that emerged from the ancient Mediterranean world: common law and civil law
- Common law, associated with England and its former colonies, relies heavily on legal precedents set by courts and judges
- Civil law, associated with continental Europe, is based on comprehensive legal codes and statutes
- The distinctions between these two systems can be traced back to the different legal traditions of ancient Greece (common law) and Rome (civil law)
Democratic principles and practices
- Ancient Mediterranean civilizations, particularly ancient Athens, are often credited with developing the foundations of democratic governance
- These early experiments in democracy established principles such as citizen participation, representation, and accountability that continue to shape modern democratic systems
Athenian democracy
- Developed in ancient Athens during the 5th century BCE, considered one of the earliest forms of direct democracy
- Male citizens participated directly in the decision-making process through the Athenian Assembly (Ekklesia)
- Citizens had the right to vote on laws, elect officials, and serve on juries
- had limitations, as was restricted to adult male citizens, excluding women, slaves, and foreigners
Roman Republic
- Established a system of government that combined elements of democracy, aristocracy, and monarchy
- Citizens elected representatives to the Roman Assemblies, which had the power to pass laws and elect magistrates
- The , composed of wealthy and influential citizens, served as an advisory body and played a significant role in shaping public policy
- The Roman Republic introduced concepts such as the separation of powers and between different branches of government
Representation and citizenship
- Ancient Mediterranean democracies emphasized the importance of citizen participation and representation in governance
- Citizenship was often tied to certain rights and responsibilities, such as the right to vote and the duty to serve in the military
- The concept of representation, where elected officials act on behalf of the citizens, has its roots in these early democratic systems
- Modern democracies continue to grapple with questions of representation, citizenship, and the scope of democratic participation
Separation of powers
- The idea that political power should be divided among different branches of government to prevent tyranny and abuse of power
- Ancient Mediterranean civilizations, particularly ancient Rome, developed early forms of the separation of powers that influenced later Western political systems
Executive, legislative, and judicial branches
- In the Roman Republic, power was divided among the executive (consuls), legislative (assemblies), and judicial (praetors) branches
- Consuls served as the chief executives and commanders of the military, elected annually by the Comitia Centuriata (Assembly of the Centuries)
- The Roman Assemblies, such as the Comitia Tributa (Tribal Assembly), had the power to pass laws and elect magistrates
- Praetors served as judges and oversaw the administration of justice, interpreting and applying the law
Checks and balances
- The Roman system of government included mechanisms to prevent any one branch from becoming too powerful
- The consuls, while holding significant executive power, were subject to the decisions of the Senate and the Assemblies
- The tribunes of the plebs, elected by the Concilium Plebis (Plebeian Council), had the power to veto actions taken by the consuls or the Senate
- The separation of powers and checks and balances in the Roman Republic influenced later Western political thinkers, such as Montesquieu, in developing modern systems of government
Rule of law
- The principle that all members of a society, including those in positions of power, are subject to the same laws and legal processes
- Ancient Mediterranean civilizations, particularly ancient Greece and Rome, developed early concepts of the rule of law that continue to shape modern legal systems
Equality before the law
- The idea that all citizens, regardless of social status or wealth, should be treated equally under the law
- In ancient Athens, reforms introduced by Solon in the 6th century BCE established the principle of equality before the law (isonomia)
- The , a set of laws codified in the Roman Republic around 450 BCE, established a written legal code that applied to all citizens
Due process rights
- The concept that individuals have certain legal rights and protections when accused of a crime or facing legal action
- In ancient Athens, the right to a trial by jury was established, with citizens serving as jurors in legal proceedings
- The Roman legal system developed procedures to ensure fair trials, such as the right to present evidence and call witnesses
Protection of individual liberties
- Ancient Mediterranean legal systems recognized the importance of protecting individual rights and freedoms
- The Athenian constitution, as described by Aristotle, included provisions for the protection of individual liberties, such as freedom of speech in the Assembly
- The Roman legal concept of habeas corpus, which protected citizens against arbitrary imprisonment, has its roots in the Twelve Tables and later Roman legal developments
Republicanism and constitutionalism
- The idea that government should be based on the consent of the governed and limited by a set of fundamental laws or principles
- Ancient Mediterranean civilizations, particularly ancient Rome, developed early forms of republicanism and constitutionalism that influenced later Western political thought
Mixed government
- The concept that the best form of government combines elements of monarchy, aristocracy, and democracy
- The Roman Republic was seen as an example of a , with the consuls representing the monarchical element, the Senate representing the aristocratic element, and the Assemblies representing the democratic element
- The Greek historian Polybius, in his analysis of the Roman constitution, praised the balance and stability of the mixed government system
Limits on government power
- The idea that the power of government should be limited by law and subject to the consent of the governed
- The Roman Republic developed a system of checks and balances, such as the veto power of the tribunes, to limit the power of any one branch of government
- The Twelve Tables established a written legal code that placed limits on the power of magistrates and the aristocracy
Social contract theory
- The idea that the legitimacy of government is based on an implicit agreement between the rulers and the ruled
- Ancient Greek philosophers, such as and Aristotle, explored the concept of the social contract in their political writings
- The Roman historian Livy, in his account of the founding of the Roman Republic, described a social contract between the Roman people and their rulers, with the people granting power to the rulers in exchange for protection and justice
Civic virtue and participation
- The idea that citizens have a responsibility to actively participate in public life and promote the common good
- Ancient Mediterranean civilizations, particularly ancient Athens and Rome, placed a strong emphasis on civic virtue and participation as essential to the functioning of a democratic society
Res publica and common good
- The Roman concept of , meaning "public thing" or "commonwealth," emphasized the importance of placing the common good above individual interests
- In ancient Athens, the idea of the common good was central to the functioning of the democratic system, with citizens expected to prioritize the well-being of the polis (city-state) over personal gain
Citizenship duties and responsibilities
- In ancient Athens, citizens were expected to actively participate in the Assembly, serve on juries, and defend the city-state in times of war
- The Roman Republic had a strong tradition of public service, with citizens expected to hold public office and serve in the military as a duty to the state
- The Greek philosopher Aristotle, in his work "Politics," argued that the best form of government was one in which citizens actively participated in ruling and being ruled in turn
Legacy in modern governments
- The political and legal principles developed in ancient Mediterranean civilizations have had a profound and enduring impact on modern Western governments and political thought
Influence on Western democracies
- Many of the fundamental principles of modern Western democracies, such as citizen participation, representation, and the rule of law, can be traced back to the political systems of ancient Greece and Rome
- The Founding Fathers of the United States, in particular, were heavily influenced by the political ideas of the ancient Mediterranean world, drawing inspiration from the Roman Republic and Greek democracy in the creation of the American system of government
Adaptation and evolution of principles
- While modern Western governments have adapted and modified the political and legal principles of the ancient Mediterranean world to suit contemporary needs and values, the core ideas of democracy, republicanism, and the rule of law remain central to these systems
- The development of liberal democracy in the West has built upon the foundations laid by ancient Mediterranean civilizations, incorporating new ideas such as universal suffrage, human rights, and the welfare state
Enduring impact on political thought
- The political writings of ancient Greek and Roman thinkers, such as Plato, Aristotle, , and Polybius, continue to be studied and debated by modern political theorists and philosophers
- The ideas and principles developed in the ancient Mediterranean world have shaped the development of Western political thought, influencing thinkers such as Machiavelli, Locke, Montesquieu, and the Founding Fathers of the United States
- The legacy of ancient Mediterranean civilizations in the realm of law and government serves as a reminder of the enduring importance of these fundamental principles in the functioning of modern democratic societies
Key Terms to Review (23)
Athenian Democracy: Athenian democracy was a system of direct democracy that emerged in ancient Athens around the 5th century BCE, where citizens participated directly in decision-making and governance. This innovative political structure was characterized by the assembly, where free male citizens could propose and vote on laws, and by institutions like the Council of 500, which facilitated daily governance. The Athenian model influenced many modern democratic systems and concepts of citizenship and civic participation.
Athenian Reforms: The Athenian reforms refer to a series of political and social changes implemented in ancient Athens, particularly during the 6th and 5th centuries BCE, aimed at increasing democratic participation and reducing the power of the aristocracy. These reforms transformed Athens into a more inclusive political entity by broadening the scope of citizenship, establishing new institutions, and laying the groundwork for direct democracy, which would later influence governance in other civilizations.
Checks and balances: Checks and balances is a system that ensures no one branch of government becomes too powerful, as each branch has the ability to limit the powers of the others. This principle is crucial for maintaining a separation of powers, where the legislative, executive, and judicial branches each have distinct functions and responsibilities. The idea is to prevent tyranny and protect individual liberties by creating a balance among the governing bodies.
Cicero: Cicero was a Roman statesman, orator, and philosopher who lived from 106 to 43 BCE, known for his significant contributions to Roman politics and philosophy. His writings reflect a blend of personal experience and philosophical inquiry, influencing various aspects of governance, language, and literature in the Roman world and beyond. Cicero's ideas on natural law and rhetoric shaped both the Roman constitution and subsequent legal systems.
Citizenship: Citizenship is the status of being a recognized member of a state or nation, granting individuals specific rights and responsibilities. This concept is crucial as it establishes the legal bond between the individual and the state, enabling participation in political processes, access to rights, and adherence to duties like paying taxes or serving in the military. Citizenship shapes societal dynamics and governance, influencing how laws are created, interpreted, and enforced.
Code of Hammurabi: The Code of Hammurabi is one of the oldest deciphered writings of significant length in the world, dating back to around 1754 BCE in ancient Mesopotamia. It is a comprehensive set of laws that established rules and regulations for various aspects of society, including trade, family relations, and justice, reflecting the values and social hierarchies of the time.
Corpus juris civilis: The corpus juris civilis, or 'Body of Civil Law,' is a fundamental collection of laws and legal principles compiled under the direction of the Byzantine Emperor Justinian I in the 6th century. This monumental work served as a comprehensive codification of Roman law, influencing legal systems in many parts of Europe and laying the groundwork for the development of civil law traditions that are still in use today.
Democracy: Democracy is a system of government in which power is vested in the people, who exercise that power directly or through elected representatives. This concept emphasizes the role of citizens in political decision-making and has evolved over time, particularly during the Archaic and Classical periods of ancient Greece, where it took root in various city-states, influencing modern concepts of law and governance.
Due process: Due process is a legal principle that ensures fair treatment through the normal judicial system, especially as a citizen's entitlement. It connects to essential rights within legal frameworks, protecting individuals from arbitrary denial of life, liberty, or property. This concept emphasizes the importance of established legal procedures and safeguards, ensuring that laws are applied consistently and equitably.
Equal protection under the law: Equal protection under the law is a constitutional principle that mandates individuals in similar situations be treated equally by the law. This concept is foundational in ensuring that all people, regardless of race, gender, religion, or other characteristics, have the same legal rights and protections. It plays a crucial role in combating discrimination and promoting fairness within legal systems, reflecting the belief that justice should be impartial and accessible to everyone.
Mixed government: Mixed government is a political system that incorporates elements from different forms of governance, typically combining aspects of democracy, aristocracy, and monarchy to balance power and prevent tyranny. This approach seeks to ensure representation and stability by integrating the strengths of various political systems while mitigating their weaknesses.
Natural law: Natural law refers to a system of justice and morality that is believed to be inherent in human nature and discoverable through reason, independent of positive laws or man-made rules. It holds that certain rights and moral principles are universal and can be understood through human rationality, serving as a foundation for legal systems and ethical norms. The concept of natural law greatly influenced the development of political philosophy and legal theory, especially regarding the principles of governance, ethics, and human rights.
Oligarchy: Oligarchy is a form of government where power is held by a small group of people, often distinguished by wealth, family ties, corporate interests, or military control. This system contrasts with democratic forms of governance, where power is more widely distributed among the populace. In various ancient Mediterranean societies, oligarchies played crucial roles in shaping political dynamics and social structures, influencing trade practices and military strategies.
Peace of Nicias: The Peace of Nicias was a treaty that was established in 421 BCE, marking a temporary cessation of hostilities between Athens and Sparta during the Peloponnesian War. This peace agreement aimed to restore stability and allow both city-states to recover from the devastating impacts of war, although it ultimately proved to be fragile and short-lived. The treaty is significant as it reflects the complexities of Athenian and Spartan politics, as well as the shifting alliances that characterized this tumultuous period.
People's assembly: A people's assembly is a form of democratic governance where citizens gather to participate directly in decision-making processes. This concept emphasizes the role of ordinary people in shaping laws and policies, serving as a vital mechanism for civic engagement and accountability within a political system.
Plato: Plato was a classical Greek philosopher who founded the Academy in Athens, one of the earliest institutions of higher learning in the Western world. His work primarily focused on ethics, politics, and metaphysics, and he is known for his dialogues featuring Socrates. Plato's ideas profoundly influenced various aspects of Western thought, including philosophy, literature, and governance.
Res publica: Res publica is a Latin term meaning 'public thing' or 'commonwealth,' which refers to the Roman state and its political system of governance. This concept emphasizes the role of citizens in public life and governance, where the interests of the community as a whole are prioritized over individual interests. It laid the foundation for modern ideas about republics and representative government.
Roman Republic Establishment: The Roman Republic establishment marks the transition from monarchy to a republican form of government in ancient Rome around 509 BCE. This significant change laid the foundation for a system of governance that emphasized a mixed constitution, separation of powers, and the involvement of citizen assemblies, influencing future legal and governmental systems.
Rule of law: The rule of law is a fundamental principle that asserts that all individuals and institutions are accountable to the same laws that are publicly promulgated, equally enforced, and independently adjudicated. This concept promotes justice, fairness, and the protection of individual rights within a society. It emphasizes that no one is above the law, including lawmakers and leaders, ensuring that legal frameworks govern behavior rather than arbitrary decisions.
Senate: The Senate was a governing body in ancient Rome that played a crucial role in the political system, particularly during the Republic and the early Empire. It was composed of elected officials and served as a key advisory council to the magistrates, shaping laws, foreign policy, and financial decisions. The power and influence of the Senate evolved over time, especially in relation to military leaders and emperors.
Separation of powers: Separation of powers is a political doctrine that divides the responsibilities of government into distinct branches to prevent any one branch from gaining too much power. This principle ensures that the legislative, executive, and judicial branches operate independently while providing a system of checks and balances that maintains the rule of law and protects individual rights.
Treaty of Apamea: The Treaty of Apamea was a significant peace agreement concluded in 188 BCE between the Roman Republic and the Seleucid Empire, marking the end of the Roman-Seleucid War. This treaty resulted in a substantial expansion of Roman territory and influence, as it forced the Seleucid Empire to relinquish its control over territories in Asia Minor, effectively paving the way for Rome's dominance in the region. It also laid the groundwork for future Roman interactions with Eastern powers and had lasting implications for governance and law in conquered territories.
Twelve Tables: The Twelve Tables were the first codification of Roman law, created in the mid-5th century BCE to address the needs of a growing and complex society. They established legal principles that emphasized transparency and equality before the law, addressing various aspects of daily life, including property rights, family law, and civil procedures. This codification not only helped to unify the legal system but also played a significant role in shaping future legal frameworks in Rome and beyond.