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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - plebiscitum
Definition of plebiscitum
A plebiscitum (plural: plebiscita) was a specific type of law or decree in ancient Roman law. It was an enactment that originated from a tribune – an elected official whose primary role was to represent and protect the interests of the common people (known as the plebeians). This proposal would then be presented to and voted upon by the concilium plebis, which was the assembly composed solely of common citizens. Initially, these measures were binding only on the plebeians, but over time, they gained the full force of law, applying to all Roman citizens.
Example 1: Land Reform for Veterans
Imagine a Roman tribune, concerned about soldiers returning from war without land or means of support. This tribune might propose a plebiscitum to the assembly of common people, suggesting that a portion of newly conquered public land be distributed among these landless veterans. If the assembly voted in favor, this plebiscitum would become a binding decree, ensuring that the common soldiers, who were primarily plebeians, received their due.This illustrates a plebiscitum because it is a measure proposed by a tribune to address a social issue affecting the common people, and it is then voted on by their assembly to become law.
Example 2: Debt Relief During Economic Hardship
During a period of widespread economic difficulty, many common Roman citizens might find themselves burdened by overwhelming debt. A tribune, acting on behalf of these struggling plebeians, could propose a plebiscitum to the concilium plebis that would, for instance, cap interest rates or provide a temporary moratorium on debt collection. If passed by the assembly, this decree would offer direct relief to the common people.This demonstrates a plebiscitum as a tribune initiates a legislative action to alleviate economic hardship for the common people, and the assembly of common citizens then approves it, making it a legal mandate.
Example 3: Protecting the Rights of Common Citizens
Consider a situation where a powerful aristocratic magistrate attempts to unjustly imprison a common citizen without due process. A tribune, upholding their duty to protect the plebeians, might propose a plebiscitum to the concilium plebis that strengthens the rights of common citizens against arbitrary arrest and ensures fair trials. If the assembly votes to approve this measure, it would become a legal safeguard for all plebeians.This example shows a plebiscitum being used to protect the fundamental rights of the common people, initiated by their representative (the tribune) and ratified by their own legislative body (the assembly of common people).
Simple Definition
In Roman law, a plebiscitum was an enactment or decree. It was passed by the assembly of the common people, known as the concilium plebis, at the request of a tribune.