New from Oxford University Press:
Crisis and Constitutionalism argues that the late Roman
Republic saw, for the first time in the history of political thought,
the development of a normative concept of constitution--the concept of a
set of constitutional norms designed to guarantee and achieve certain
interests of the individual. Benjamin Straumann first explores how a
Roman concept of constitution emerged out of the crisis and fall of the
Roman Republic. The increasing use of emergency measures and
extraordinary powers in the late Republic provoked Cicero and some of
his contemporaries to turn a hitherto implicit, inchoate
constitutionalism into explicit constitutional argument and theory. The
crisis of the Republic thus brought about a powerful constitutionalism
and convinced Cicero to articulate the norms and rights that would
provide its substance; this typically Roman constitutional theory is
described in the second part of the study. Straumann then discusses the
reception of Roman constitutional thought up to the late eighteenth
century and the American Founding, which gave rise to a new,
constitutional republicanism. This tradition was characterized by a keen
interest in the Roman Republic's decline and fall, and an insistence on
the limits of virtue. The crisis of the Republic was interpreted as a
constitutional crisis, and the only remedy to escape the Republic's
fate--military despotism--was thought to lie, not in republican virtue,
but in Roman constitutionalism. By tracing Roman constitutional thought
from antiquity to the modern era, this unique study makes a substantial
contribution to our understanding of Roman political thought and its
reception.
"Crisis and Constitutionalism is a
brilliantly original and erudite argument in favor of the
distinctiveness and long-term importance of Roman constitutional thought
from Cicero to the American Founders, which demonstrates just how much
Western political and legal thought, on both sides of the Atlantic, has
owed, and still owes, to ancient Rome. It is controversial, highly
compelling, and of very real contemporary significance." --Anthony
Pagden