A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why did the Decemvirate change from a reform institution into a despotic institution? This question is central to Livy’s History of Rome from its Foundation, Book 3. The Decemvirate was not created as a despotic institution from the beginning. Originally, the Decemvirate … Read more
A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why did the second Decemvirate become dangerous after suspending the right of appeal and tribunician power? This question examines the Decemvirate problem in Livy’s History of Rome from its Foundation, Book 3, from the perspective of institutional design. The danger of the … Read more
A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question What does it mean that no public office should be created beyond the reach of appeal? This question concerns the core of freedom in the Roman Republic. Public office requires authority. A state needs people who can command, judge, levy troops, impose … Read more
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
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
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
A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why did the introduction of written law fail to completely resolve the conflict between the patricians and the plebeians? This question does not ask whether the Twelve Tables were a failure. In the early Roman Republic, the content of law and the … Read more
A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question What did Rome try to learn from foreign law? This question is not limited to identifying which legal rules Rome brought back from Athens. Early Republican Rome already had law and social order. Custom, precedent, religious rules, decisions of the Senate, and … Read more
A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why did Rome send a delegation to Athens to investigate its laws? This question cannot be answered simply by saying that Rome wanted to import the advanced laws of Athens. In the early Roman Republic, law and public authority still depended heavily … Read more
A Three-Layer Analysis (TLA) of Livy, History of Rome, Book 3 1. Question Why did the Roman army regain its power to fight after freedom was restored? This question cannot be answered only by saying that the soldiers became more motivated after gaining freedom. Even under the despotism of the Decemvirs, the Roman army still … Read more
