Right of Appeal

Research Case: Why does lawmaking power itself need control mechanisms?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why does lawmaking power itself need control mechanisms? This question does not mean that making law is dangerous in itself. Making law is necessary for stable government. If government depends only on custom, precedent, social status, and the discretion of magistrates, citizens … Read more

Research Case: What makes law function?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question What makes law function? This question does not treat law merely as written text. It asks how law operates inside a governing OS. Law does not function simply because it is written. For law to function, at least the following conditions must … Read more

Research Case: Why does the mere existence of law not stabilize government?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why does the mere existence of law not stabilize government? This question does not mean that law is unnecessary. Law is necessary for stable government. If government depends only on custom, precedent, social status, and the discretion of magistrates, citizens cannot easily … Read more

Research Case: Why was the Roman OS able to repair itself institutionally after the despotism of the Decemvirs without falling into a cycle of revenge?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why was the Roman OS able to repair itself institutionally after the despotism of the Decemvirs without falling into a cycle of revenge? This question is not only about why Rome was able to overthrow the Decemvirs. Another danger appears after a … Read more

Research Case: Why was Roman freedom protected by the right of appeal and the power of the tribunes of the plebs?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why was Roman freedom protected by the right of appeal and the power of the tribunes of the plebs? This question is not only about the historical fact that the right of appeal and the tribunes protected the plebeians. The deeper question … Read more

Research Case: Why Did the Right of Appeal Protect the People and Prevent Public Officials from Becoming Kings?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 2 1. Question Why did the right of appeal function both as protection of the people’s rights and as a system that prevented public officials from becoming kings? In Livy’s History of Rome, Book 2, Rome expels the kings and tries to establish republican freedom … Read more

Research Case: Why Must a Free Republic Control Authority Itself, Instead of Expecting Good Rulers?

by

A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 2 1. Question Why must a free republic control authority itself through terms of office, multiple consuls, and the right of appeal, instead of expecting good rulers? Livy’s History of Rome, Book 2 describes how Rome expelled the kings and formed the Republic. However, the … Read more