Rogatio

The Latin word rogatio ( rogare from the verb, " interview ", originally ) means any proposal made to the Legislature, and is therefore equally applicable to law ( Lex ) and referenda (plebiscite ) applicable. Accordingly, there are the expressions populum rogare in a proposal to the people, and legem rogare a legislative proposal ( Festus, sv Rogatio ). A rogatio thus is a proposed law or a proposed plebiscite.

The terms rogare, rogatio also refer to a person who is proposed to the comitia for public office ( Sallust, de bello Iugurthino 29). The shape of the rogatio is in the case of adrogatio (see adoption in the Roman Empire ), which was made ​​in the comitia curiata (by rogationem populi ), Aulus Gellius in ( v. 19) obtained: it begins with the words " velitis, jubeatis " and ends with " ita vos Quirites rogo ". The corresponding expression of consent to rogatio by the sovereign assembly was uti rogas, rejection antiquarians rogationem ( Livy xxxi.6 ). The term thus includes rogatio each proposed lex, each plebiscite and privilege without rogatio there was no bid ( iussum ) of the populus or plebs. On the other hand, the terms lex, plebis scitum and privilegium often inappropriate in the description of the laws used ( Gellius X.20 ), were even rogationes after they become law, further referred to as rogationes. The term rogationes is often used for the Measures of the tribunes, which led to plebiscites, so that some authors ( incorrectly ) that see rogatio as a simple equivalent of the plebiscite. In addition to the phrase rogare legem there is the phrase legem ferre to propose a lex, and rogationem promulgare to publish the contents of the proposed lex; the phrase rogationem accipere is applied to the enacting body. Lex rogata is equivalent to Lex lata. Legem perferre and lex perlata be applied to a rogatio when it has become the lex ( Digest 35 tit.2 s1 Ad legem Falcidiam ). The legislation relating to the terms as stated in Ulpian (Titus 1 s3 ): "A Lex is either rogari or ferrimagnetic called; it is abrogari called when it was repealed, derogari when it was partially lifted, subrogari when it was added, and obrogari if parts have been changed. " An following lex changed or lifted to an earlier lex if the two are not consistent were. It seems to have been a principle that lex the ineffectiveness fell when she was out of use long ( cf. Livy and Cicero xxi.63 in Verrem v.18 ).

Remains a demarcation of the words Rogatio and privilege.

Rogatio is defined in Festus as a commandment of the populus, which refers to one or more persons ( or things ), but not on all. That which arranges the populus in relation to all persons or things ( scivit ), is a lex; Aelius Gallus says rogatio is a genus legis, that is, that lex is not always rogatio but rogatio lex must be if it was a legislative comitia ( justis comitiis ) proposed ( rogata ). According to this definition is a done rogatio a lex; there is also lex, which is not rogatio: for this we have to assume a general term lex, which includes the real lex and rogatio. The passage in Aelius Gallus is corrected by Göttling (History of Rom. Staatsv. Etc. page 310 ), but the correction is based on a misunderstanding, they perverted the clear meaning at Gallus in nonsense.

According to Gallus ' definition was the rogatio the privilegium equivalent, a term which appears on the Twelve Tables (Cicero, de Legibus III.19 ); and it denotes, according to Gallus ( Festus, sv Rogatio ) a regulation that relates to a single person, as evidenced by the form of the word is given ( privi Quorum, " privae res" is the same meaning with " singulae res" ). The word privilegium according to the explanation of Gallus, transmitted no idea the character of the legal action: it could favor a party or not. It is commonly used by Cicero in the derogatory sense ( per Domo, 17; per Sestio, 30; rogationem privilegii similem, Brutus 23). Accordingly, were privilegia in the Republic no general laws or parts thereof: they have the character of an exception to the general rule. In the corpus iuris Civilis privilegium is the common name for a singular ius ( Savigny, System etc i, page 61).

• Latin phrase
• Roman law