N. 5
– 2006 – Memorie
Vladimir
A. Kvashnin
University of Vologda
EARLY LAWS ON LUXURY (III-II centuries B.C.) IN A VIEW OF
EVOLUTION ROMAN CIVITAS
Laws on luxury
(leges sumptuariae), accepted during
several centuries (since III B.C. up to I century A.D.) are the most curious
phenomena of public and legal culture of ancient Rome.
It is possible to assume their genetic connection with social institutes like
«potlatch», functioned in archaic society and had the purpose
maintenance of unity and stability of collective by prevention of an
opportunity of accumulation of superfluous property in hands of individual
persons or families.
However them revival in a society possessing statehood, became possible in
conditions of such specific social organism as the Greek polis or its typological continuation – Roman civitas. Seemingly, ancient laws on luxury
pursued the same purposes, as archaic egalitarian establishments. It is
necessary to note and great value of such factor as the public opinion which
condemned moneymaking and an idle way of life and was frankly hostile to any
excesses both in a pursuit of a profit, and in a private life.
Research
of laws on luxury inevitably deduces on one of the acute problems of ancient
history – the social structure of the polis/civitas defined character and
laws of evolution of an ancient society. Noted Russian scientist E. M. Staerman
after M. Finley has paid attention to the rare for ancient civilizations a
phenomenon which is taken place only in the Greek cities and in Rome. To describe it is
possible as process of inclusion of the free rural population as equal in
rights group in structure of a city civil community.
Struggle roman plebs for the civil rights in a combination to constant need of
a community in internal sources of updating of army (i.e. the processes
connected with formation of a civil community) have led to that to the
beginning of III century B.C. traditional norms of behavior of the person in a
society and in a life are transformed to system of the values which have become
dominating in Roman culture.
As a
result of fastening at a level of consciousness Romans these values in the
Roman civil community to aim on relative equal standard of well-being of
citizens affirms. It traditions of a way of life developed by centuries and fed
features of outlook of rural population of Italy. The output for these
property limits was fraught with decomposition of the basis of an ancient civil
community – a class of freeholders. Becoming dominating public norm, to
aim at economic equality generated the public psychology focused on moderation
in consumption and a life as norm of a life. Data containing in ancient
tradition on a way of life and activity of statesmen of epoch Pirrys′ and
the First Punic wars (a vivid example the censor 275 B.C. G. Fabricius
Luscinus)
allow to assume existence of the first restrictions on luxury in first half III
century B.C.
Possibly, they existed not in the form of laws, as later plebiscites the end of
III century B.C., and in the form of censorial remarks (nota censoria) or edicts. By time of occurrence of the first laws
on luxury they already became a part of a mos
maiorum that allowed the legislators of a Second Punic war’s epoch
appealing to them.
It is
necessary to consider as the very first law on luxury the lex Claudia (or lex Claudia
de nave senatorum), accepted in 218 B.C.
Despite of obvious scarcity of data on this law it till now causes the long
discussion in a historiography.
Besides, that the disorder of opinions of authors is very great also
conclusions to which they come at times opposite, inherently discussion is
reduced to a question on a parity of economic, political and social aspects of
the situation which have prepared acceptance of the law. In this connection it
is necessary to note, that a weak place of many works, devoted to the lex Claudia, that on the foreground one
of aspects of a problem to the detriment of another is put is, and is frequent
without taking into account that concrete historical situation in which the law
has been passed. In our opinion, the most fruitful is consideration of the lex Claudia in a context of first years
Second Punic war in view of those social changes which took place in Roman civitas in III century B.C.
Chronologically
the lex Claudia is adjoined with lex Metilia de fullionibus 217 B.C.
and lex Oppia 215 B.C.
Together they form a cycle of the laws accepted in initial stage Second Punic
war. Though it is usual these three laws are considered separately, outside of
any communication with each other, their occurrence in borders of one time
period covering first four years of war, hardly was casual. Their association
in one group will be justified in the event that we can connect their
acceptance with any problem faced to the Roman society at this time. That, by
messages of sources, there was a chronic shortage of material resources and,
first of all, the money resources, felt in Rome from the very beginning of war.
To one of ways of an output from the developed situation became a series of the
legislative measures directed on restriction of expenses inside of a family.
Laws are
united also by that they have been accepted in the form of plebiscite. It would
seem it specifies their democratic character, making struggle of a plebeian top
with patricians. More likely them it is necessary to search in aspiration Roman
state for ales-you to leave that unprecedented complex situation in which Rome has appeared in the
first years of war. Laws 218-215 B.C., as well as activity of the magistrates
during 214 - 210 B.C.,
allow to approve, that in the center of attention of the Roman authorities
constantly was a little bit greater problems (supply of army and fleet,
purchase of slaves, a payoff, withdrawal at the population through tributus and extraordinary taxes
necessary for war), so closely connected with each other, that they united in
one, the most important problem for Rome uninterrupted supply of army and fleet
material and manpower resources. In this connection it is necessary to note
reserve of the term «laws on luxury» with reference to legal
certificates of the considered period.
Raises the doubt that to Roman society of that time urgency such problem, as
has got luxury of a private life of the citizens. Sources unequivocally connect
growth of well-being, inflow of overseas luxury goods with consequences of wars
of Rome on Hellenistic
East of II century B.C.
At least, up to end Hannibal
war of a measure on restriction of races-courses of citizens had exclusively
pragmatically character and making whether during the moment of the highest
danger with the purpose to direct all means of a community for military needs.
The
changes which have come in a life of the Roman community after termination
Hannibal war, have found the reflection in events 195 B.C., connected with a
repeal of lex Oppia.
They deduce us on two significant problems – position of the woman in the
Roman family and development of a familia
in structure civitas. Burdens and
deprivations long-term Hannibal
war start to give an up the place to more and more appreciable displays of
growth of well-being of citizens, especially among of the nobility. The repeal lex Oppia in a view of it looks the
trial push opened road to process of uncontrollable growth of riches and luxury
inside of the Roman families.
However development of this process conflicted with already developed to this
time as system of values, and the public practice in which basis social experience and spiritual values of the most
mass part of the Roman society – peasantry laid. In process of growth of
comfort and well-being of citizens which sources, as a rule, were far from
traditional agriculture, resistance to the new tendencies which to the full
have proved in a life civitas already
in 80th of II century B.C. increased also.
One of
forms of struggle with negative tendencies was the edition of a new series of
laws on the luxury, accepted with small intervals on all extent of II century
B.C. Being created in conditions new socially and economic situation, these
laws already essentially differed from leges
sumptuariae epoch of Hannibal
war. The analysis of laws on the luxury, accepted in 80 - 30th of II century
B.C. (lex Orchia 181 B.C., Voconia 169 B.C., Fannia 161 B.C., Licinia
131 B.C.)
shows, that to a traditional source of expenditure of family resources – to
charges on purchase of subjects of female luxury increases new, connected with
an expenditure of money for dear dinners and food stuffs.
Most likely, changes in the field of a feed before others have proved in a life
of the Roman community. Not casually Livy among first attributes of luxury
names occurrence cookery art (39.6.9). The opportunity of unlimited consumption
unknown until then is faster than food products and faults, than other
innovations has come to the contradiction with the traditionally norms of a
life. Both the moderation of Romans in a feed, and limitation of their diet
during the early period of history of Rome
are marked by many authors.
Thus it
is necessary to pay attention that laws on luxury have reflected the changes
occurred first of all in the notable families. Established restrictions
mentioned, first of all, expensive products and the wines imported Rome, and also arisen in
the circle of the nobility a habit to frequent feasts with a lot of the invited
visitors. Since that moment as the riches became the obvious factor of a public
life, the laws done obligatory restriction of personal charges periodically
passed. The elements of constant feasts and unlimited food abundance were alien
to traditions of thrift established by centuries, simplicity and moderation in
a life. The most far-sighted part of the Roman ruling class should understand
dangers of shaking of those foundations which fastened a building Roman civitas. To the full proved the opinion
of the modern historian (E.M. Staerman) that «directed on preservation of
known equality of citizens of a measure had the purpose reproduction of
"great productive force" a civil community», i.e. peasantry
looks.
Various manifestations of this policy can be found out and in activities of
authors of laws on luxury, and measures of a Gracchan epoch, and in
«restoration» line of policy of August. Legislators besides
ideological reasons quite could consider and economic interests’
Roman-Italian peasantry suffered from inflow of overseas production. It is
impossible to exclude and political reasons of some representatives nobility,
addressed to peasantry in searches of new tools of political strike.
Thus,
researching early laws on luxury, we can draw preliminary conclusions. Laws on
luxury III-II centuries B.C. leaned on traditional norms and values of the
Roman peasantry. The restrictions entered by laws on luxury in III - II
centuries B.C., basically mentioned purchase of subjects of female luxury and
charges on dear dinners and food stuffs. Iit is possible to allocate two
greater groups of laws on luxury which conditional border is termination Second
Punic war. The first group – the laws accepted in 218-215 B. C. (leges Claudia, Metilia and Oppia) which
purpose was the control over non-productive costs inside of the Roman family in
conditions of wartime. The second group – the laws accepted in 181-131
B.C. (leges Orchia, Voconia, Fannia,
Licinia) in conditions of growth of riches and improvement of quality of a
life of the Roman citizens as which also it is possible to consider to the real
«laws on luxury».