This is a comprehensive analysis of the idea of libertas and its conflicting uses in the political struggles of the late Roman Republic. By reconstructing Roman political thinking about liberty against the background of Classical and Hellenistic thought, it excavates two distinct intellectual traditions on the means allowing for the preservation and the loss of libertas. Considering the interplay of these traditions in the political debates of the first century BC, Dr Arena offers a significant reinterpretation of the political struggles of the time as well as a radical reappraisal of the role played by the idea of liberty in the practice of politics. She argues that, as a result of its uses in rhetorical debates, libertas underwent a form of conceptual change at the end of the Republic and came to legitimise a new course of politics, which led progressively to the transformation of the whole political system.
This article argues that, next to a certain intellectual tradition of Roman liberty, often labelled 'neo-Roman' or 'Republican', we should also take into account the existence of, at least, two other conceptions of liberty, which have so far remained occluded under the prominence of Cicero's ideas and the appropriation of them by later thinkers. By analysing the debate in opposition and in favour of sumptuary laws enacted from the 3rd century BC onwards, the article identifies a first notion of liberty which coincided with the absence of any external legal constraints upon the citizens' private life and was, thereby, incompatible with the rule of law in this sphere. The second intellectual family of concepts equated libertas to the absence of constraints from one's own passions as well as the possession of the capacity to pursue something worth pursuing for the well-being of the community. According to this view, liberty also resided in the supremacy of the rule of law. The third notion of libertas, elaborated by Cicero in the De re publica and De legibus, identified liberty with the absence of arbitrary domination to achieve one's own ends and resided in the supremacy of the rule of law. Its preservation depended on the constitutional arrangements of the commonwealth and the related civic status of the individual.
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