Justitium
Encyclopedia
Justitium is a concept
of Roman law
, equivalent to the declaration of the state of emergency
. 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.
According to Giorgio Agamben
, justitium progressively came to mean, after the Roman Republic
, the public mourning of the sovereign: a sort of privatization or diversion of the danger threatening the polis
, as the sovereign claimed for himself the auctoritas
necessary to the rule of law.
Concept
The word concept is used in ordinary language as well as in almost all academic disciplines. Particularly in philosophy, psychology and cognitive sciences the term is much used and much discussed. WordNet defines concept: "conception, construct ". However, the meaning of the term concept is much...
of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, equivalent to the declaration of the state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
. It was usually declared following a sovereign
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
's death, during the troubled period of interregnum
Interregnum
An interregnum is a period of discontinuity or "gap" in a government, organization, or social order...
, 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
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
- for example, justitium was proclaimed at the news of Hannibal's attacks.
According to Giorgio Agamben
Giorgio Agamben
Giorgio Agamben is an Italian political philosopher best known for his work investigating the concepts of the state of exception and homo sacer....
, justitium progressively came to mean, after the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
, the public mourning of the sovereign: a sort of privatization or diversion of the danger threatening the polis
Polis
Polis , plural poleis , literally means city in Greek. It could also mean citizenship and body of citizens. In modern historiography "polis" is normally used to indicate the ancient Greek city-states, like Classical Athens and its contemporaries, so polis is often translated as "city-state."The...
, as the sovereign claimed for himself the auctoritas
Auctoritas
Auctoritas is a Latin word and 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 twentieth century expanded the use of the word.In ancient Rome, Auctoritas...
necessary to the rule of law.
See also
- AuctoritasAuctoritasAuctoritas is a Latin word and 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 twentieth century expanded the use of the word.In ancient Rome, Auctoritas...
- Giorgio AgambenGiorgio AgambenGiorgio Agamben is an Italian political philosopher best known for his work investigating the concepts of the state of exception and homo sacer....
- InterregnumInterregnumAn interregnum is a period of discontinuity or "gap" in a government, organization, or social order...
- State of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...