The Plebiscites in Roman Law

Por: Anavitarte, E. J.*

Plebiscites were all those legal acts, which as a whole, the plebs uttered in their assemblies, or assemblies of the plebs (concilia plebis) to regulate their own law, at first, they only ruled over plebeians. Hence its name.

As Rome was expanding territorially, and the number of plebeians increased, so did it the political power of plebs, so much, that in 287 BC the lex Hortensia was issued, granted universal legal binding to plebiscites (erga omnes).

For this reason, entering the classical period, the distinction between a plebiscite and other statutory law source, disappeared, and all normative sources were generically called lex. Later, in the Roman postclassic law and in the Byzantine law, they would be only a way of studying the Roman legal past, assuming they─legally─were the same.

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