Roman jurists, corporations and the theory of representation

In approaching the scope and essence of public law, Roman jurists made an important contribution to the theory of representation.

The development of the concept of a state or municipality as an entity existing apart from its members is of fundamental importance. It is probable that jurists made use of the writings of philosophers in developing their ideas, such as the Stoic classification of bodies (corpora) and a body composed of separate elements (a people, a legion and a herd). Another example is the notion of a body whose members change yet which retains its identity.

The notion that a body could retain its identity in spite of changes of membership was the essential background for the jurists' development of a theory of corporations as entities having an existence separate from that of its members and accordingly having rights and duties separate from theirs.

By one philosophical route or another, the jurists appear to have satisfied themselves that there could be such a thing as a body of constant identity yet changing parts. It was then their task to answer the question what legal acts that body should be able to perform, or who should perform those acts for it. There are clear statements recognizing the existence of a corporation: money owed to a collectivity (universitas) is not owed to the individuals who comprise it (and vice versa); such things as theatres and stadia belong to the universitas and not to the individuals who comprise it.

The jurists also developed notions about representation of the universitas by its 'organs'. Although it is disputed which corporate bodies were regarded as having capacity to be represented in this way, it is quite clear that this was true of municipalities.

The praetor's edict itself provided remedies to be used in actions for and against municipes. The municipality could be represented both by its magistrates and by agents specially appointed to represent it (adores); their election or appointment was a matter of public law, but they could represent the municipality in private-law transactions. This is the basis of a theory of representation.

[Source: The Cambridge History of Greek and Roman Political Thought (2005), p. 630-631]

Main principles of representative government - Bernard Manin

According to Bernard Manin: "Four principles have invariably been observed in representative regimes, ever since this form of government was invented:

1. Those who govern are appointed by election at regular intervals.
2. The decision-making of those who govern retains a degree of independence from the wishes of the electorate.
3. Those who are governed may give expression to their opinions and political wishes without these being subject to the control of those who govern.
4. Public decisions undergo the trial of debate."

[Source: 'The principles of Representative Government' (1997), p. 6]

Etymological Note on ‘Representation’ 1 – Latin

● repraesentātiō

1 Payment in ready money. b immediate execution (of a trust).

2 The act of bringing before the mind.

3 A re-embodiment, image.

● repraesentō

1 To give immediate effect to (something that would normally take place later), bring forward to the present, make immediately available. b to bring on (a condition) at once.

2 To pay (a sum) in ready money, pay at once.

3 (of things) To present to view, exhibit; (also) to manifest (to the other senses). b to show (an appearance or likeness).

4 To show or present in person.

5 To make present to the mind (by verbal or other means).

6 To bring back into the present (what is dead, lost. etc.), revive. b to serve (the turn of something not present, available, etc.); to serve as the equivalent of .

7 To represent in art, portray. b (of things) to resemble, imitate.

● praesens

1 Being in the same place (as some other person indicated by the context), present, face to face, in person, in the flesh. b (applied to physical or mental attributes) ... e still in the land of the living, still with us. f a person who is present, someone on the spot.

2 (of actions, conduct, etc.) Performed or manifested (by someone) in person.

3 (of persons) Present in a helpful or opportune manner; (esp. of gods, etc...).

4 (of the mind or spirit; also, of persons) Resolute, ready, prompt.

5 (of actions, processes, conditions, etc.) Efficacious, ready, effective. b (of remedies, etc.).

6 That occurs without delay, immediate. instant; that takes effect at once, immediately operative; ... b (of danger, etc.) that presses close upon one, imminent. urgent, instant.

7 (of money) Paid at once in cash, ready.

8 (of things, etc.) Already in one's possession, ready to hand, easily accessible or available.

9 Present to the mind or senses.

10 (of a place) In which one actually is at the moment; the immediate neighbourhood.

11 a At the scene of action, on the spot. b to the place or situation in question. to the actual spot or scene. c on the present occasion, in the case or instance in question.

12 (of events, conditions, etc.) Occurring, obtaining, etc., here and now or in some contextually indicated circumstances, present, actual. b (with words expressing time). c present events, the present situation, the situation contemporary with given circumstances; (esp. in relation to a particular person) one's present situation or activities. d (leg.) ~nti die, on the present day or the day in question, i.e. with immediate (i.e. unconditional) effect.

13 (gram.) Expressing present time, present.

14 Characteristic of the present day, modern, contemporary; modern or contemporary works.

15 Belonging (only) to the present, momentary.

16 For the moment, for the present, temporarily

[Source: Oxford Latin Dictionary (1968), p. 1621, 1434-1440]

Welcome!

You find yourself on a blog dedicated to representative government.

More information on what is this web-page about you can find in... well, section About.

Here you may access various historical events or facts referring to representative government (section Chronology) or explore different approaches to the concept of representative government (section Conceptual). All sources of information are listed in section Bibliography.

I hope that when you leave this web-page you will know something you didn’t know before. If there is something you know and haven’t found it here – why don’t you leave it in turn? Just visit section Contribution, leave your comment and accept my thanks in advance. Any contribution will be highly appreciated!

I bid you good reading!