ISBN: 978-2-87457-100-8
9,50 €


La division des pouvoirs dans l’Antiquité

 = Paper = 

by Éric RAIMOND, in Res Antiquae 15, 2018.

The Division of the powers is a topic of the Philosophy of Enlightenment, fully discussed by Locke and Montesquieu. With the spirit of Plato, it aims at limiting the arbitrariness of the power. Thence, the Rape of Lucrèce by Sextus Tarquinus marks the awareness of the Roman Kings arbitrariness, whom imperium will be divided into the consuls and the praetores. Nevertheless, Romans keep their attachment to give full powers to a single one, in case of crisis. The period of Civil wars and the liflong dictatorship of Julius Caesar give some testimonies of it. The Augstean Principate concentrates between his hands the power, even if some magistracies with imperium persist. Meanwhile, Spartiat Dyarchy is another example of such a division of Royal power. Many evolutions during the end of Archaic period and Classic one change the conditions governing the exercise of the Royal power : raise of Ephoric control, trials in the 5th century BC, the inception of the navarchy. In Athens, establishing a polemarch alongside the King, then transforming from Royal function into an elective (thereupon drawn) magistracy increase the partition of the power. However, whereas the modern regard tends to distinguish executive, legislative and judicial powers, Early authors endeavoured to draw a distinction between Civil and Military governement, the Religious function also.

Keywords: Law, Imperium, Basileus, Sparta, Athens, Roma, Gerousia, Polemarch, Dictator