|Budget Amount *help
¥1,600,000 (Direct Cost : ¥1,600,000)
Fiscal Year 1991 : ¥800,000 (Direct Cost : ¥800,000)
Fiscal Year 1990 : ¥800,000 (Direct Cost : ¥800,000)
1.The aim of this study is to elucidate the meaning of the duality of the State finance in the Early Roman Empire (socalled Principate), such as we could find in the form of Aerarium and Fiscus, and the historical tranformation of the Fiscus as a State Chest.
2.As for the legal character of the Fiscus, the Severan jurist Ulpian states that the interdiction concerning public places does not apply to those places belong to the Fiscus, on the grounds that the property of the Fiscus is, as it were(quasi), private property of the Princeps(Digesta,43,8,2,4). This statement clearly shows Ulpian's understanding of the Fiscus, namely, that the properties of the Fiscus are public ones of which the Princeps as a private individual is in absolute control. After the survey of the historical process of the Fiscus as imperial treasury, it is intended to show that this dual character of the Fiscus is due to the character of the Princeps's control over the finances of the state, which can not be in stri
ct law characterized as public or as private.
3.But the duality of the State finance was dissolved as the Fiscus was changed into the only State Chest while Aerarium as a State Chest actually disappeared by the Severan Age. This proves to be true because the confusion of the terms, Aerarium and Fiscus, is found in the text of the law at that time.
4.The various official posts which perform the administration and managmenet of the Fiscus known generically as Procurator Caesaris or Procurator Augusti(in inscriptions only), the title with the term Procurator, which is the technical term in Roman private law originally meaning a personal agent of individuals. As is commonly known, they became the nucleus in the official posts' system of Equestrian Order equivalent to the one of Senatorial Order through the Principate.
5.Therefore, when the duality of the State finance was dissolved in such a way, this also means the dissolution of the dual official posts' system which characterized the Principate by means of the "coexistence" of Senatorial Order and Equestrian Order. And this is what the another Severan jurist Paulus'legal theory - Imperial Procurators are absents owing to the service of the State(Digesta,4,6,35,2), really means - when it is located in the context of the Imperial constitutional history in the Principate. Less