''Justitium'' (derived from the Latin term ''Juris statio'') is a

concept A concept is an abstract idea that serves as a foundation for more concrete principles, thoughts, and beliefs. Concepts play an important role in all aspects of cognition. As such, concepts are studied within such disciplines as linguistics, ...

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

, equivalent to the declaration of the

state of emergency A state of emergency is a situation in which a government is empowered to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state before, during, o ...

. Some scholars also refer to it as a

state of exception A state of exception () is a concept introduced in the 1920s by the German philosopher, jurist and Nazi Party member Carl Schmitt, similar to a state of emergency (martial law) but based in the sovereign's ability to transcend the rule of law in t ...

, stemming from a state of necessity. It involved the suspension of civil business, typically including the courts, the treasury and the Senate and was ordered by the Roman higher magistrates. It was usually declared following a

sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...

's death, during the troubled period of ''

interregnum An interregnum (plural interregna or interregnums) is a period of revolutionary breach of legal continuity, discontinuity or "gap" in a government, organization, or social order. Archetypally, it was the period of time between the reign of one m ...

'', but also in case of invasions. However, in this last case, it was not as much the physical danger of invasion that justified the instauration of a state of exception, as the consequences that the news of the invasion had in Rome; for example, ''justitium'' was proclaimed at the news of

Hannibal Hannibal (; ; 247 – between 183 and 181 BC) was a Punic people, Carthaginian general and statesman who commanded the forces of Ancient Carthage, Carthage in their battle against the Roman Republic during the Second Punic War. Hannibal's fat ...

's attacks. The earliest recorded occasion of ''justitium'' being invoked was for the same reason, when in 465 BC panic gripped the city due to a mistaken belief of imminent invasion by the

Aequi 300px, Location of the Aequi (Equi) in central Italy, 5th century BC. The Aequi were an Italic tribe on a stretch of the Apennine Mountains to the east of Latium in central Italy who appear in the early history of ancient Rome. After a long stru ...

. According to

Giorgio Agamben Giorgio Agamben ( ; ; born 22 April 1942) is an Italian philosopher best known for his work investigating the concepts of the state of exception, form-of-life (borrowed from Ludwig Wittgenstein) and '' homo sacer''. The concept of biopolitic ...

, ''justitium'' progressively came to mean, after the

Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...

, the public mourning of the sovereign: a sort of privatization or diversion of the danger threatening the ''

polis Polis (: poleis) means 'city' in Ancient Greek. The ancient word ''polis'' had socio-political connotations not possessed by modern usage. For example, Modern Greek πόλη (polē) is located within a (''khôra''), "country", which is a πατ ...

'', as the sovereign claimed for himself the ''

auctoritas is a Latin word that is the origin of the English word "authority". While historically its use in English was restricted to discussions of the political history of Rome, the beginning of Phenomenology (philosophy), phenomenological philosophy ...

'', or authority, necessary to the rule of law. In his conceptualization, it is a period where the law is indefinitely suspended without being abrogated for the purpose of generating an "anomic space in which what is at stake is a force of law without law".

References

* Giorgio Agamben, ''State of Exception'', 2005. * A Dictionary of Greek and Roman Antiquities (1890), William Smith *

Livy Titus Livius (; 59 BC – AD 17), known in English as Livy ( ), was a Roman historian. He wrote a monumental history of Rome and the Roman people, titled , covering the period from the earliest legends of Rome before the traditional founding i ...

, ''

Ab urbe condita ''Ab urbe condita'' (; 'from the founding of Rome, founding of the City'), or (; 'in the year since the city's founding'), abbreviated as AUC or AVC, expresses a date in years since 753 BC, 753 BC, the traditional founding of Rome. It is ...

'', 3.3

External links

''The Roman Law Library'' by Professor Yves Lassard and Alexandr Koptev
Emergency laws Latin legal terminology Philosophy of law Concepts in political philosophy Roman law {{AncientRome-law-stub

See also

References

External links