The theory of the mixed constitution at Rome

Author: Lintott, Andrew W.
Title: The theory of the mixed constitution at Rome
Review/Collection: in: Philosophia togata. 2, Plato and Aristotle at Rome / ed. by Jonathan Barnes and Miriam Griffin, VIII, 300
Place edition: Oxford
Editor: Clarendon Pr.
Year edition: 1997
Pages: 70-85
Keywords: Droit - Diritto - Law, Philosophie - Filosofia - Philosophy, Politique - Politica - Politics
Review:

Sharples, “Phronesis”, 1997, 42, (3), 355 – Wright, “Classical Review”, 1999, NS, 49, (1), 129-131 – Opsomer, “Les Études Classiques”, 1999, 67, (1), 96 – Fuhrer, “Museum Helveticum”, 2000, 57, (4), 318-319

Description: The application of the theory of the mixed constitution to Rome in the works of Polybius and Cicero can be appreciated in the light of the origins of the theory in classical Greece, where the one full exposition surviving to be found in Aristotle's Politics. Diogenes Laertius claimed in a bald statement without evidence that the Stoics endorsed the mixed constitution. Polybius' naturally grown mixed constitution is thus dynamic, where Aristotle's prescription to lawgivers is static. The general presumption would have assisted Polybius in creating his antagonistic model, where the mixed constitution is the product of natural evolution, and more emphasis is placed on the power than on the function of the constitutional elements. As presented by Polybius, the mixed constitution owes a great deal to the thought of Roman politicians and to Roman history. Cicero assumes that there are three good unmixed constitutions which, apart from any inadequacies, when successful, may degenerate into their corresponding corrupt versions [Editor].
Works:
Author initials: Lintott 1997