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Crisis and Constitutionalism - Roman Political Thought from the Fall of the Republic to the Age of Revolution (Paperback)
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Crisis and Constitutionalism - Roman Political Thought from the Fall of the Republic to the Age of Revolution (Paperback)
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Crisis and Constitutionalism argues that the late Roman Republic
saw, for the first time in the history of political thought, the
development of a normative concept of constitution-the concept of a
set of constitutional norms designed to guarantee and achieve
certain interests of the individual. Benjamin Straumann first
explores how a Roman concept of constitution emerged out of the
crisis and fall of the Roman Republic. The increasing use of
emergency measures and extraordinary powers in the late Republic
provoked Cicero and some of his contemporaries to turn a hitherto
implicit, inchoate constitutionalism into explicit constitutional
argument and theory. The crisis of the Republic thus brought about
a powerful constitutionalism and convinced Cicero to articulate the
norms and rights that would provide its substance; this typically
Roman constitutional theory is described in the second part of the
study. Straumann then discusses the reception of Roman
constitutional thought up to the late eighteenth century and the
American Founding, which gave rise to a new, constitutional
republicanism. This tradition was characterized by a keen interest
in the Roman Republic's decline and fall, and an insistence on the
limits of virtue. The crisis of the Republic was interpreted as a
constitutional crisis, and the only remedy to escape the Republic's
fate-military despotism-was thought to lie, not in republican
virtue, but in Roman constitutionalism. By tracing Roman
constitutional thought from antiquity to the modern era, this
unique study makes a substantial contribution to our understanding
of Roman political thought and its reception.
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