Legal Definitions - senatus consultum

A senatus consultum (often abbreviated as S.C.) was a resolution or decree issued by the Roman Senate. Its legal authority and function evolved significantly throughout Roman history.

• During the Roman Republic, a senatus consultum was primarily an advisory opinion or recommendation given by the Senate to magistrates (elected officials). While it did not technically have the direct force of law, it was almost always followed due to the immense prestige and influence of the Senate.
• In the early Roman Empire (around the 1st century A.D.), the legislative power of the popular assemblies (the comitia) diminished, and senatus consulta began to take on the direct force of law, effectively becoming a primary source of legislation.
• By the late Roman Empire (towards the end of the 2nd century A.D.), the Senate's independence waned. At this point, a senatus consultum largely became a formal expression of the emperor's will. The Senate would often adopt the text of a speech (an oratio) delivered by the emperor, thereby officially endorsing and enacting the imperial policy as law.

Here are some examples illustrating the application of a senatus consultum:

• Republican Era (Advisory Role):

  Imagine the Roman Senate, during the Republic, issues a senatus consultum recommending that the consuls allocate additional funds from the treasury to repair a vital road connecting Rome to a key port city. While the consuls, as elected officials, technically have the final say on budgetary matters, they would almost certainly follow this strong recommendation from the Senate. To disregard it would be politically unwise and could undermine their authority, even though the senatus consultum itself isn't a binding law.

• Early Imperial Era (Legislative Force):

  Under the early Empire, a wealthy Roman citizen dies without a clear will, and there's a dispute among distant relatives over the inheritance. The Senate passes a senatus consultum that establishes new, specific rules for intestate succession (inheritance without a will) for certain classes of property. This resolution now has the direct force of law, and judges across the Empire must apply these new provisions when resolving inheritance disputes, demonstrating its legislative power.

• Late Imperial Era (Imperial Will Endorsement):

  The Emperor, seeking to standardize the administration of justice across the vast Roman provinces, delivers a detailed speech to the Senate outlining a new set of procedures for provincial governors to follow when hearing legal cases. The Senate then formally convenes and adopts the exact text of the Emperor's speech as a senatus consultum. In this scenario, the senatus consultum serves as the official vehicle through which the Emperor's policy is formally enacted into law, with the Senate providing its traditional, albeit largely ceremonial, endorsement.