A Study Of Moral Legislation In The Period Of The Transition From The Ancient Roman Republic To The Monarchy

The historical development in ancient Rome has been characterized by the tendency of legislating morality,which was pushed forward by the governing class.That is to say,some moral expectations and regulations have been defined in the form of law and and therefore have gained the validity of laws.It differs from the historical tendency in ancient China where laws became increasingly moralized.Especially during the period from the turn of the 3rd and 2nd century BC to the 1st century AD,moral legislation in ancient Rome made great achievement as the frequency of legislating morality and the number of moral laws issued both increased unprecedentedly.It is during the same period that ancient Rome underwent great historical changes and realized the transition from Republic to Empire.Research on moral legislation during this period will not only help us to have a better understanding of the moral tradition and moral laws,but also assist in exploring the inner connection between moral legislation and social transition in ancient Rome.What's more,it will enable us to have a more profound comprehension of the inevitability and complexity of Rome's transition from Republic to Empire.By applying the methodology of historiography and inspiration from law philosophy and sociology as well,the author of this paper poses the process of legislating morality in the context of historical development of the Roman society,so as to conduct an analytic discussion of the background,cause,content,traits,outcome and influence of moral legislation in ancient Rome.Moral legislation made a great progress since the late Roman Republic in response to moral crisis and the appeal for restoring "os maiorum"(the traditional Roman moral custom).It is in effect an attempt by the ruling class to consolidate political dominance and social control.Over the course of legislating morality,the governing class of Rome strengthened its supervision and control over the citizens.especially the upper class in power,which helped with the concentration of power and therefore facilitated the transition of Rome from the republic to the empire.The paper consists of five chapters with the first one introducing the background.The traditional moral custom and tradition "mos maiorum",the moral crisis since the late Republic and the change in moral surveillance mechanism are presented respectively as the cultural basis,realistic demand and appeal for moral legislation.The moral perspective on history which attributes the fate of the Roman nation to its "mos maiorum" is analyzed in this chapter.And such analysis will help with the understanding of the function of moral factors in the Roman political life and the inevitability of moral legislation.The second chapter aims at sorting out the cause and motivation of moral legislation.Under the influence of moral perspective on history,the ancient Romans intended to attributed moral revolution and moral legislation to the response to moral crisis as well as to the revival of traditional morality.However,it is claimed by the author in this paper that moral legislation occurred as a result of multiple factors.The author analyzes firstly the realistic need for strengthening moral construction and rebuilding social order;secondly the political motivation underlying moral legislation;thirdly the ideological motivation of the Roman ruling class to push forward the legislating process.The third chapter focuses on the main contents and process of legislating morality.It is concluded from its earliest origin to its most prosperous development in the late republic,the process of legislating morality has demonstrated different focus in different times.In the early Republic,focus is rarely placed on personal or social morality;in the late Republic,the scope of morality being legislated is much wider,and the content much richer,yet the concentration is on the field of political morality.At the same time,the cultivation of proper values in the field of culture,education and amusement has also drawn certain attention from the authority.Early princeps show greater concern with stabilizing familial and social order while carrying on the tradition of moral legislation.The subsequent chapter takes analyzing the traits of moral legislation in ancient Rome as the main task.Through argumentation based on the analysis of the material and the application of the comparative approach,it is proposed by the author in this chapter that one of the traits of moral legislation in Roman is that it has continuously taken serving politics as its major function and therefore take the power class as its primary objectives.What's more,moral legislation in Rome is also characterized by the spirit of "rule of law" and humanistic values,which is obviously different from the the trait of patriarchalism,hierarchism,ruling by man and cruelty in ancient Chines legal culture.Such characteristics indicate the progressiveness of Roman legal system compared with those in other contemporary societies like China.It is also pointed out in this chapter that moral legislation in Rome from the late Republic to the Early Principate is characterized by its focus on the symbolic function.Chapter Five revolves around the outcome,impacts and significance of moral legislation in ancient Rome.The author holds the view that moral legislation makes up for the shortcoming of morality in regulating the society in the transitional period and it has produced profound and long-lasting effect on the advancement of rule of law and social transformation.Consequently,the spirit of rule of law has been cultivated,the legal subjects have been expanded.More importantly,it has facilitated the concentration of power,the transition from the old system to the new one and the consolidation of cultural confidence,which has great significance for the imperialization of Rome.A summary is made in the Conclusion part.Based on the analysis of the impact,value and limitations of moral legislation in ancient Rome,this part tries to get some inspiring insights which might be of some value for the issue of moral legislation in the contemporary society.