Abstract

ESPITIA GARZON, Fabio. Dictatorship, "state of siege" and provocatio ad populum in the works of Mommsen. Rev. Derecho Privado [online]. 2011, n.21, pp.7-20. ISSN 0123-4366.

In this contribution the author returns to the mommsen's roman Public Law, to establish if addressing issues of dictatorship and provocatio ad populum, the imposing German jurist also adopted bourgeois ideology, and in doing so superposed ideas and schemes foreign to the Roman concepts, ignoring the specificity of the different powers granted in the Roman dictatorship. The author indicates that the view of mommsen's roman dictatorship reflects the design of montesquieu, ignoring that this attribution was a summa potestas limited only in some cases led to discretionary exercise of criminal repression; hence the easy confusion between dictatorship and tyranny as a form of government, this confusion is characteristic of bourgeois thought. Likewise, the author notes that the mommsen's proposal also ignore machiavelli, who asserted that no dictator ever caused to the republic than benefits, and emphasized its temporary and limited powers, and Rousseau, who remembered that a dictator could in certain cases suspend civil liberties but without ever undermining them.

Keywords : Roman Public Law; Dictatorship; Provocatio ad Populum.

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