top of page
Untitled – Figma - Google Chrome 04_03_2025 17_42_57.png

Dangers of Emergency Powers: Fall of the Roman Republic

aug.jpeg

Emergency powers vest exceptional authority in the executive branch of government to address crisis’s promptly and legitimately.

Article by Jasper Wiggins

Image: Hermitage Museum St Petersburg

Image: Augustus from Prima Porta, Vatican Museums

Introduction

Australian Political Analysis Review - Open Source Independent Education

Emergency powers vest exceptional authority in the executive branch of government to address crisis’s promptly and legitimately. The Roman Republic’s experience with such power however proved catastrophic despite the customary tradition of precedent and law in the regulation of the executive and legislative branches of government. Despite structural checks on power, the Late Republican model was fundamentally flawed. From the outset, the deeply oligarchical and transactional nature of Roman elitism, perpetuated political corruption through the self-destructive mechanism of the triumvirate. Furthermore, the infiltration of public institutions through emergency decrees, bolstered enabled forms of legal despotism which compromised the rule of law. Finally, the parasitic relationship between a cult of personality and public trust highlights how deception of the citizenry can sustain hold on power.  While it may be asserted that the use of exceptional decree in the transition from the Republic to the Empire was justified on grounds of anarchy prevention, ultimately, it should be recognised that to a large extent, both aristocratic tolerance of corruption alongside a debilitated legislative capacity to respond to legal despotism, set precedent for the abuse of higher office, which held the Senate contributorily negligent for its downfall.


Similarly, Wilfred Nippel notes that political and cultural reflection the Greeks and Romans was possible due to justification of state emergency on Reason. On such basis, can one observe Cicero’s “justificatory formula”, that being the primacy of the people’s safety after the Cataline Conspiracy, “supreme law” of the lands, inferring near identical basis by which Robespierre warrants the formation of revolutionary tribunals in his speech on Revolutionary Government to wield absolute judicial authority. In similar fashion, Robespierre’s petition to be declared Dictator in June of 1974 is indicative of the extent he was willing to go to have is claimed legitimised by the Convention as the Senate did to Octavian. He was however brandished a tyrant as he fled the Convention. What is clear is that his state emergency was, similar to legal precedent, reliant on historical and likely fictional examples to legitimise the tyrannical five months of his 1794 government.

Debilitated Rome: Elitism and the Senate

The tolerance of corruption in the Roman Republic was a result of the aristocratic predisposition to public office. Lintott argues that in a moral sense, socialisation of “election bribery”, incentivised by “ambitus” a sense of ambition to seek prestige and glory for family, which normalised ultra-competitiveness. Cicero furthers this notion, citing that Sulla normalised accepted “ruthless behaviour”, such as conviction without trial, exacerbated the elites’ already lack accountability, however lawfully empowered by Valerian Law. Stout advances Cicero’s notion, further characterising the rotation of consulship between Marius and Sulla as something transactional by implication of power struggle, further deteriorating the notion of normalised corruption, for only when business spoiled between the two, was legal immunity reneged on Sulla. 

 

While Cicero’s assertions hold merit, it should however be recognised that politics largely for Cicero, as it was for all senators, a professional career. Thus, his reservations against Sulla and Marius’ power dynamic are largely contradictory, for Cicero himself supported Sulla’s proscriptions in exchange reform. Cicero even goes to an extent to defend charges of incitement and extortion against Sulla, citing that his actions were conducive to the best interests of the state while contrasting these with his Sulla’s known sinister traits (Cicero, Pro Sulla, 21-23). The extent of Cicero’s defence appears to be substantial, for his intentions seek to cast doubt over the validity of each charge. Plutarch whereas, discredits Cicero, advancing that he contributed to corrupt dealings in the Senate, for policy he pursued as Consul, warranted appeasement to Pompey and Crassus. (Plutarch, Fall of the Roman Republic, 311). He further notes that Cicero vested public funds into the armies of the already influential Crassus to quell the Cattellian opposition, thus concurrently adding to the former’s material strength, to save his Consulship (Plutarch, Fall of the Roman Republic, 325). Cicero’s hypocrisy juxtaposed with predisposed ego, underscores the contradictory personalities that comprised of the Republic’s Senate. Inference, moreover, suggest that such a combination of attitudes rendered the Senate’s function compromised, and thereby, vulnerable to the accession of military strongmen such as Julius Caesar.

 

On one hand, Philip Styrt defines the stunts performed by Caesar in 61 BC, as transactions of “continual faction,” similarly modelled after the shared power dynamic of  Crassus and Pompey. Recurrent factionalism in Styrt’s view facilitated by “interplay” of business deals between “friends”, permanently orientated Senate agenda around the discrediting of opposing faction, and thus debilitating the Senates’ legislative function. To a large extent, this rendered it subject to the business of private alliances, who would utilise “cooperation” as means of holding mandate over consul appointments, and thereby Senate veto. Further, Robert Bronner adds that factionalism between alliances, compelled both Caesar and Pompey to “stack the magestry’s” with loyalist enablers who would utilise majority voting blocs to support triumvir bidding though legal legislative means. Subsequently, the Senate became the “staging ground” for Caesar’s dictatorship.


On the contrary, the function of the triumvirate between Octavian, Antony and Lepidus served more as a vulnerable tool to justify collective dictatorship as opposed to a legislative bargaining chip. Robert Bonner, moreover, evaluates that the less binding “gentlemen’s agreement” between Pompey, Crassus and Caesar of the First Triumvirate had evolved, in the Second, as something rather empowered by Lex Titia, or enforceable “legal creation.”  Bonner adds that through subjection of the legislature did it render tripartite governance, as effective “dictatorship in commission.” Exceptional powers vested in Octavian, Antony and Lepidus subsisted, implying, that the Senate was compelled to ratify increasingly autocratic powers for free nomination of magistrates, sanction “without appeal” or trial, out of implicit fear of political persecution. Unlike Julius Caesar, the triumvirate’s revised function enabled the triumvirs “to step into power” due to mutual recognition of the collective strength, suggesting the fallacy that they had learnt from Caesar’s mistakes. Contrary to modern Elitist Theory, the weaponization of the triumvirate mechanism rendered self-destructive outcomes for the welfare of the Republic. By implication, the weakened function of the Senate was subject to the will of military strongmen who pledged to restore what they had already taken.

Public Trust: Gateway to Tyranny

A regime that is fundamentally tyrannical to some extent is perfectly justifiable on the merit of popular consent, so long as context is supported. Plutarch contrasts the public’s reception of Caesar with his capacity to govern. Although he describes Caesar who had “great popularity” with the citizenry, Plutarch concedes that Caesar’s insistence on assuming the title “Rex” (King), cost him his reputation and thus, popularity with the masses (Plutarch, Fall of the Roman Republic, 299 and 246). Caesar’s downfall, in part, resembled the public’s retraction of John Locke’s notion of consent, for the absence of public trust could no longer deter threat of a coup, nor warrant Caesar’s turbulent regime desirable (Plutarch, Fall of the Roman Republic, 299, 300 and 301).

 

On the contrary, the leadership of Caesar Augustus demonstrates how public trust can effectively be manipulated through ultimate decree. Cassius Dio suggests that Augustus further elevated his status through self-appointment to Pontifex Maximus, ruler of the faith upon the death of Lepidus. James Evans, writes that when a comet passed during “funeral games” honouring Julius Caesar, Augustus, opportunistically seized the event to personify the comets passing, as Caesar’s embrace into the heavens as a God. Not only could such an act be considered an attempt to revive the reputation of Caesar, but more symbolically, prove Augustus’s claim to Princeps, by reflecting it as religiously sound, for he was the heir to a God. Moreover, the inclusion of Eros, the son of Venus, situated at the heel of Augustus’ Primo Porta statute, evokes a sense of “divine lineage” to a similar affect. Therefore, while his own perception of the comet remains unknown, Augustus’ treasury minted custom denarii to the public, depicting on the reverse, a star with eight surrounding rays, likely to boast of his father’s accession (The British Museum, Head of Augustus).  Evans notes that the intended effect “promoted” by Augustus, had likely strategized to consolidate his own “campaign.” Consequently, through appeal to the naivety of the Roman population, his status as a demi-god, thus, invalidated any opposition to his rule and policy, for he could enact baseless charges against immorality. Nonetheless, both Julius Caesar’s and Augustus’ instances highlight how two autocrats sought permission of the public, through exceptional means, coercion, and popularity to maintain power. Although while Julius Caesar’s example endorses how popular support can check on power, his fate provided Augustus with the lesson that popular support in conjunction with, emergency powers, is requisite to maintaining leadership.

Conclusion

At the heart of the context of the Late Roman Republic, does it suggest that emergency powers were not a single contributing factor towards the demise of the Republic. While exceptional decree proved effective in facilitating the private transactions of elites, tolerance of the self-destructive nature of the triumvirate mechanism rendered, the function of the legislature’s capacity to check power, compromised. Moreover, the lawful despotism empowered by imposed anti-Republican notions in the Senate, inhibited the rule of law, up until rendering its function, merely subsidiary, in comparison to his status. Finally, illusionary images cast by despots of themselves enhanced their capacity to win the popular consent of the masses through instances of deception and religious sanctimony. Ultimately, when exceptional powers are combined with such attributes, can conjoined mechanism prove fatal to the health of an existing order, for such power pursuant to the law, cam extend to all arms of government. The Later Roman Republic context, thereafter, endorses such notions, thus, holding itself contributorily negligent, for its undoing.

Bibliography

Vervaet, Frederik Juliaan. “THE ‘LEX VALERIA’ AND SULLA’S EMPOWERMENT AS DICTATOR (82-79 BCE).” Cahiers Du Centre Gustave Glotz 15 (2004): 37–84. http://www.jstor.org/stable/24359187

 

Cicero, Tullius Marcus. “Cicero: Pro Sulla Oratio” https://www.attalus.org/cicero/sulla.html 

 

Plutarch. “Fall of the Roman Republic.” Harmondsworth: Penguin Classics, 1972. 


 

Lintott, Andrew. “Electoral Bribery in the Roman Republic.” The Journal of Roman Studies 80 (1990): 1–16. https://doi.org/10.2307/300277

 

Styrt, Philip Goldfarb. “‘Continuall Factions’: Politics, Friendship, and History in ‘Julius Caesar.’” Shakespeare Quarterly 66, no. 3 (2015): 286–307. http://www.jstor.org/stable/24778524

 

Gruen, Erich S. “Pompey, the Roman Aristocracy, and the Conference of Luca.” Historia: Zeitschrift Für Alte Geschichte 18, no. 1 (1969): 71–108. http://www.jstor.org/stable/4435061

 

Bonner, Robert J. “Emergency Government in Rome and Athens.” The Classical Journal 18, no. 3 (1922): 144–52. http://www.jstor.org/stable/3289221

 

“Head of Augustus, Comet with Eight Rays and Tail Upwards.” n.d. The British Museum. The Trustees of the British Museum. https://www.britishmuseum.org/collection/object/C_R-6068.

 

“Augustus, Res Gestae - Livius.” 2007. Livius.org. 2007. https://www.livius.org/sources/content/augustus-res-gestae/.

 

Welch, Kathryn. “The Lex Pedia of 43 BCE and Its Aftermath.” Hermathena, no. 196/197 (2014): 137–62. https://www.jstor.org/stable/26740133


 

Frank Frost Abbott. A History and Description of Roman Political Institutions. New York: Biblo and Tanne. https://tile.loc.gov/storage-services/public/gdcmassbookdig/historydescript00abbo/historydescript00abbo.pdf

 

Evans, James. “The Comet of 44 B.C. and Caesar's Funeral Games. John T. Ramsey , A. Lewis Licht.” History of Science Society: University of Chicago Press. (1998) https://soundideas.pugetsound.edu/cgi/viewcontent.cgi?article=3698&context=faculty_pubs

Jasper Wiggins

06/10/2023

The Social Contract captures the relationship between consent to govern by the individual, and the extent to which the State exercises authority. Both Kant and Locke examine conditional express and tacit consent and how it compares with obliged moral duty. Kant's view towards the role of the State differs from Locke's notion that authority to establish a society is granted by the consent of the majority, rather than constitution. Ultimately, Kant's morally regulative approach challenges Locke, asserting that the empowerment of constitution requires the incorporation of popular obedience, to uphold enforceable legal authority.

Article by Jasper Wiggins

Article by Jasper Wiggins

Article by Jasper Wiggins

What is Communitarianism?
Federalism After Washington

Explore More on Ideology

Explore More On Ideology

image 195
icons8-instagram-24 8
icons8-facebook-24 8
icons8-linkedin-24 8

Search Projects and Articles

icons8-instagram-24 8
icons8-facebook-24 8
icons8-linkedin-24 8

Search Projects and Articles

About and Contact

Contribute

myBLOG

Australian Political Analysis Review - Open Source Independent Education

bottom of page