''Justitium'' (derived from the Latin term ''Juris statio'') is a

concept Concepts are defined as abstract ideas. They are understood to be the fundamental building blocks of the concept behind principles, thoughts and beliefs. They play an important role in all aspects of cognition. As such, concepts are studied by ...

Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...

, equivalent to the declaration of the state of emergency. Some scholars also refer to it as a

state of exception A state of exception (german: Ausnahmezustand) is a concept introduced in the 1920s by the German philosopher and jurist Carl Schmitt, similar to a state of emergency (martial law) but based in the sovereign's ability to transcend the rule of law ...

, stemming from a state of necessity. It involved the suspension of civil business, typically including the courts, the treasury and the Senate and was ordered by the Roman higher magistrates. It was usually declared following a sovereign's death, during the troubled period of '' interregnum'', but also in case of invasions. However, in this last case, it was not as much the physical danger of invasion that justified the instauration of a state of exception, as the consequences that the news of the invasion had in Rome; for example, ''justitium'' was proclaimed at the news of Hannibal's attacks. The earliest recorded occasion of ''justitium'' being invoked was for the same reason, when in 465 BC panic gripped the city due to a mistaken belief of imminent invasion by the

Aequi 300px, Location of the Aequi (Equi) in central Italy, 5th century BC. The Aequi ( grc, Αἴκουοι and Αἴκοι) were an Italic tribe on a stretch of the Apennine Mountains to the east of Latium in central Italy who appear in the early hist ...

. According to Giorgio Agamben, ''justitium'' progressively came to mean, after the

Roman Republic The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Ki ...

, the public mourning of the sovereign: a sort of privatization or diversion of the danger threatening the ''

polis ''Polis'' (, ; grc-gre, πόλις, ), plural ''poleis'' (, , ), literally means "city" in Greek. In Ancient Greece, it originally referred to an administrative and religious city center, as distinct from the rest of the city. Later, it also ...

'', as the sovereign claimed for himself the ''

auctoritas ''Auctoritas'' is a Latin word which is the origin of English "authority". While historically its use in English was restricted to discussions of the political history of Rome, the beginning of phenomenological philosophy in the 20th century e ...

'', or authority, necessary to the rule of law. In his conceptualization, it is a period where the law is indefinitely suspended without being abrogated for the purpose of generating an "anomic space in which what is at stake is a force of law without law".

References

* Giorgio Agamben, ''State of Exception'', 2005. * A Dictionary of Greek and Roman Antiquities (1890), William Smith *

Livy Titus Livius (; 59 BC – AD 17), known in English as Livy ( ), was a Roman historian. He wrote a monumental history of Rome and the Roman people, titled , covering the period from the earliest legends of Rome before the traditional founding in ...

, '' Ab urbe condita'', 3.3

External links

''The Roman Law Library'' by Professor Yves Lassard and Alexandr Koptev
Emergency laws Latin legal terminology Philosophy of law Political philosophy Roman law {{AncientRome-law-stub

See also

References

External links