This dissertation examines the participatory aspect of the lawmaking process of the Roman Republic of the first century and late second century, BC. Unlike voters in many modern republics, Roman citizens voted directly on their own laws, which were written and proposed to the citizen voting assemblies by career politicians. Whereas recent work on Republican politics has found Rome’s civil institutions to have been more open and participatory than has traditionally been assumed, the people’s role during legislative assemblies themselves continues to be seen as marginal and reactive, due to voters’ supposed dependence on their elected magistrates and presumed inability to understand the meaning behind proposed laws. This dissertation challenges the traditional view and proposes that Roman lawmaking was a fundamentally participatory process in which the people played an active role.
The first chapter focuses on obstruction of voting assemblies by the elite, which has traditionally been seen as a sign of de facto senatorial control of voting. In fact, the evidence shows that obstruction of legislative assemblies almost never succeeded at halting voting. Instead, obstruction of the legislative process by elite Roman statesmen largely served as a sort of “political theater” in which conflict was used to signal dissent or dissatisfaction with the people’s prevailing mood, rather than necessarily to block the immediate proposal at hand. When understood in this way, it was more important to be seen opposing a proposal than to succeed at blocking it. The second chapter examines how Roman voters used context clues to understand the gist of a law, and how the statesmen who drafted the laws were expected to organize and present the texts such that their contents were clear. Like many modern voters, Roman citizens relied heavily on official, orally delivered summaries of the laws rather than necessarily wrestling with the thousands of lines of highly technical language that made up the full text of a proposed law. The third chapter evaluates the expectations of Italian voters from outside Rome, who only became citizens close to the end of the Republic, of the lawmaking process. These new citizens were a highly diverse group and brought a unique set of cultural perspectives and expectations to the assembly, and consequently to the laws themselves.
Contrary to the traditional position on Roman Republican lawmaking, the Roman people were active and insightful participants in the legislative process. Despite not being able to write and propose laws directly, voters understood lawmaking and the laws well enough to be able to make independent judgments and to participate meaningfully in state institutions. Moreover, this dissertation shows that Roman lawmaking was the result of living and evolving cultural factors, which constrained elite behavior and set known expectations. This dynamic was fundamental to the way the Roman state functioned, and how it managed political crises.