Tag Archives: Marcus Tullius Cicero

Law and the Roman Genius

The Roman genius was, in many ways, channelled through and marshalled in its creativity. Monuments, great feats of cultural and civic engineering, the notion of a long-lasting and unifying empire – all of these stand as testament to the legacy of Rome. An aspect of this abundant ingenuity can be found in the history of Roman law, and in its applications to other, later legal systems. Many of them owe a great deal, even if it is unspoken, to what came before. In this instance the hand of history is a heavy one; and since the rule of law and its corollaries are so essential to the equitable and prosperous arrangement and maintenance of society, such a subject is ripe for both study and – one hopes – interest.
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Barack Obama: The Imperilled President

According to the ‘Imperial President’ theory as put forward by Arthur M. Schlesinger, the office of President of the United States has been steadily and repeatedly accruing powers towards its own advancement. A modern president has increasing control over the federal bureaucracy, for instance, and his orders on extra-judicial matters are likely to be stronger now than they have been in a long time. The imperial president gains many of his powers in times of war; and as the United States has spent most of the last half-century fighting one war or another (in various guises), it is suggested that this has led to increasing powers for the presidency in our own times. But there is a flipside to this famous declaration: presidents may also eschew matters imperial, and instead of that particular moniker, they may have the sobriquet of ‘imperilled’ – in the words of Shakespeare’s Malvolio – ‘thrust upon ‘em’. Barack Obama is one such president.
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