왜 로마 트리부스 선거민회에는 절대적 과반수의 원칙과 추첨이 적용되었는가?

Abstract

This paper aims to investigate why an absolute majority rule and the lot were applied to Roman elective tribal assemblies. Mommsen and De Sanctis interpreted Chapters 56 and 57 in the Charter of Malaga(Lex Malacitana). According to their interpretations, two things is certain about electoral procedure in Roman elective tribal assemblies(comitia tributa). First, for valid election an absolute majority of voting groups (not merely a relative majority over other candidates) was necessary. Secondly, a feature which seems adequately supported by the evidences is that such a majority(1/2+1 of the voting groups) was not only necessary but was sufficient for election and that a man was declared elected (or certainly regarded as such) as soon as he had gained this majority of the groups as they voted, or of the votes of the groups as proclaimed. Obviously, if a bare majority was still sufficient for election, it was possible for more candidates to secure it than there was places. In fact, the case that too many candidates got their majority is possible. In other words, the magistracies might go to men who did not carry the largest number of tribes. Is it not likely that if so the Romans would have become dissatisfied with this procedure, and added to the absolute majority as a requirement for election a relative majority over other candidates? This argument becomes the more striking when we reflect that with this procedure it was possible to fail of election even though you gained more votes, in total, than a man who was elected. Why were an absolute majority rule and the lot apply to Roman elective tribal assemblies? My main points are as follows. First, I think that in Malagan elective assembly and Roman elective tribal assemblies each voter would vote for one man(candidate). Secondly, if a candidate got an absolute majority of tribes, he should legally secure the votes of remaining tribes. Then the assembly was dismissed without announcement of remaining tribes. Thirdly, Romans let Jupiter decide through the lot which winners of the majority of the tribes were to take office. Cicero, Pro Plancio, 22.53 would show that the results of individual voting units(tribes) would have been announced not before the lot, but after the lot. Lastly, the absolute majority rule and the lot in Roman elective tribal assemblies would have been instituted in order to minimize the disadvantages of candidates that could fail of election because of regulations to be taken in the case of equality of votes, even though they had carried the largest tribes before the regulations was applied to them.