Caesarem Appello: Roman Private Appeals in the Late Republic and Augustan Principate Restricted; Files Only

Gordon, Benjamin (Spring 2026)

Permanent URL: https://etd.library.emory.edu/concern/etds/8w32r7279?locale=en
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Abstract

This thesis examines the genesis and initial development of private appeals in the Roman state. The first chapter, broadly speaking, argues against the prevalence of appeal in the Republic before the dictatorship of Julius Caesar. It examines appeal in Greek thought before refuting the assertions made in previous scholarship that provocatio ad populum and reiectio Romam or revocatio Romae do act as precedent for appeal, while acknowledging that the latter may serve as a form of “proto” appeal. The second chapter discusses what I consider to be the genesis of Roman appeals law—the dictatorship of Julius Caesar. I examine the relevant private appeals cases that appear in the sources and point to aspects of Roman society in the Late Republic that may have allowed for appeal to a singular figure (both in private and public disputes) to arise as a phenomenon. The third chapter looks at Augustus, who assumed an appellate jurisdiction that would remain with the princeps, and later emperor, until the fall of the Roman Empire in the West (and continue past that point in the East). I first look at the status quaestionis in regard to how Augustus was able to assume appellate jurisdiction. Then, I examine the cases where appellants appeal to Augustus in their private disputes, and finish the chapter positing my own view of how Augustus came to hold appellate jurisdiction, saying that initially, the Senate granted appellate powers to Augustus in 30 BC, in the wake of his victory at the Battle of Actium. To encourage appeals in conjunction with that grant, I claim Augustus made efforts to form an image of himself as a “good leader,” which, in part, led to those both in Italia and the provinces to appeal to Augustus in both their private and public disputes, thereby contributing to the development and creating Augustus’ appellate jurisdiction.

Table of Contents

Table of Contents

Introduction ………………………………………………………………..1

Chapter 1: Appeals Law in the Republic?…………….…………………. 11

Chapter 2: Julius Caesar and the Birth of Roman (Private) Appeal. ……..37

Chapter 3: Private Appeals and the Augustan Principate………………….61

Conclusion………………………………………………………………..127

Bibliography………………….…………………………………………..134

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