A. Apollonius Pompejae Minuciae omnibusque sal.
In my previous message I continued our discussion of
the detailed provisions of your proposals, and the
problems they create. You responded quite amply to my
points concerning those issues. In the end, of course,
you dismissed most of these by saying "well this is
only a technicality, it won't be a problem in
practice, you are nit-picking, if this is all you can
find to worry about then I don't see the problem", and
similar things.
You seem to have missed the rest of my message. I went
on to say, "I think that... illustrates most of the
practical problems with these proposals. But the
problems are deeper than that." And I then devoted
some fifteen or sixteen paragraphs to exploring those
deeper problems. That may be a tediously large
quantity of prose for you to read, and I can
sympathise with that, but I certainly don't think it
leaves you any room to argue that all my objections
are concerned with trifling technicalities. No, the
technical problems of these proposals, numerous though
they are, took up on the first part of my argument.
The rest - the most important part - you have very
little to say about. I hope that by dealing with these
fundamental issues in a separate e-mail I can draw to
them the attention you did not give previously.
I argued that you are perpetuating the policy of
making the legal definition of a valid resignation
drastically different from the common-sense
understanding of what a resignation is. This policy, I
suggested, is in fact the fundamental cause of all the
problems we have had with resignations over the last
three or four years, and yet your proposals do not
eradicate it but perpetuate and indeed extend it. This
is perhaps one of the two most fundamental elements of
my opposition to your proposals. You have said not one
single word in reply. I presume, therefore, that you
cannot think of any flaw in my reasoning and that you
are hoping that if you say nothing about it people
won't notice.
You do manage to summon up a few words on the subject
of historical accuracy. Your words are to the effect
that we cannot adopt a historical Roman policy on
resignations because in ancient Rome resignations were
rare. First, this is a non sequitur. In Rome
resignations were rare, you say. So what? Why does
that mean we should not deal with them, when they do
occur, in exactly the same way that the Romans did? I
think perhaps there is a hidden step in your
reasoning: you are assuming that one of the basic
purposes of our law on resignations should be to try
to stop people resigning. This is the only way I can
make sense of your argument. You are therefore saying,
if I've guessed correctly, that the ancient practice
would not be appropriate to our situation because in
antiquity people did not often try to resign, and
therefore they did not have a system which was
effective at stopping them resigning; we need to stop
people resigning, therefore the Roman system is not
adequate for our needs.
If this is indeed your reasoning, then it does not
help your cause much, because the simple fact is that
these proposals, like the Roman system, will not stop
people resigning. I can say this with considerable
confidence because there is nothing at all in these
proposals which could conceivably stop people
resigning except ideas which have already been tried
in the lex Cornelia Maria. In essence the policy is
"stop people resigning by making a legally valid
resignation more difficult to do". The lex Cornelia
Maria has demonstrably failed to stop people
resigning, and there is no reason whatsoever why we
should believe that your proposals will have any
better success. They are based on the same flawed
principle which has been tested and found inadequate.
There is, in fact, almost nothing we can do by mere
legislation to stop people leaving Nova Roma or
resigning from office. It is simply not a problem
which can be solved by legislation. What we *can* do
with legislation, however, is put an end to these
absurd legal wrangles about what is and is not a
technically valid resignation. Your solution to this
is to put in place more and more technical legal
requirements for a valid resignation. This is patently
not going to work. Every technical legal requirement
you create will simply create more borderline cases
which are hard to fit within the scheme of the law.
The only sensible solution is to *remove* the
technical requirements and to allow magistrates and
others to use their common sense to decide what is and
is not a resignation. This is, of course, what the
Romans did.
Ah, the Romans again. Forgot about them, didn't you?
Evidently you did, because they're not much in
evidence in your proposals (in spite of your attempt
to stick the Latin label "postliminium" on something
which is in fact nothing to do with postliminium at
all). But let's go back to your assertion that
resignation didn't happen in the ancient republic.
Actually this is at best half-wrong. It is true that
people did not stand up in the forum and say "I resign
my citizenship of this republic". If that is what you
class as a resignation, then no, it did not happen.
But the issue which your proposals address is wider:
it concerns voluntary loss of citizenship. This
occured in the ancient republic very often indeed. It
happened, in fact, every time a Roman citizen
emigrated. The mere act of going to live somewhere
else, in the absence of any evidence to the contrary,
was taken as a sign that the person concerned had
decided to abandon his citizenship.
So if you are arguing that the Roman system did not
stop people giving up their citizenship, then you're
right. But if you're arguing that it didn't do this
because people didn't try to give up their
citizenship, you are dead wrong. People *did* do it,
they did it often, and Roman law did not try to stop
them because it would have been futile. If a Roman
citizen told his friends that he was going to live in
Mongolia, and he packed up his things and left, Roman
law did not insist that until he sent a written notice
in compliance with certain rules to a certain
magistrate he had not really left at all. It simply
accepted the plain facts: he had gone to live
somewhere else; he was no longer a citizen. But, just
as it was easy to leave, so it was easy to return. If
this fellow found that Mongolia was not his cup of
tea, and came back, he did not have to "apply" for
citizenship again, let alone change his name or give
his reasons for leaving to some official who couldn't
care less. He just came back. And the law said, "okay,
he has come back: we will treat him as the same person
he was before, and he is now a Roman citizen again,
just as he was before".
If your concern is that a system like this will not
stop people leaving, then I think you must ask
yourself: why should we try to stop people leaving? Do
we really benefit from a high citizen-count if many of
those citizens are only still here because we have
introduced complex legislation making it hard for them
to leave? Of course not. The only reason there has
been in the past for trying to stop people leaving is
that once a person has left it has been very tedious
for him to get back in because he has had to "apply"
for citizenship all over again. This would obviously
be solved at a single stroke by introducing the Roman
practice, because it would make it not only very easy
to leave but also very easy to come back. Problem
solved.
You express concern for people who resign their
citizenship in the heat of the moment and then regret
it. We are all concerned with these people. Yet you
don't seem to have grasped the fact that under the
ancient Roman system this problem disappears. "So you
resigned your citizenship in the heat of the moment
and then regretted it? No problem," says the ancient
practice, "just come straight back, no hassle, no
paperwork". How much easier could it be? No nine-day
period of grace, but an *infinite* period of grace! If
you're concerned for people who resign and then regret
it, the Roman practice is infinitely superior than
your proposals.
But come now, you may say, this doesn't apply to
resignations of office: Romans never resigned their
offices. On the contrary. I have said this before, but
you don't seem to have heard, so let me say it again.
**Just about every Roman magistrate who did not die in
office resigned**. It was standard practice. When you
came to the last day of your term, you got up on the
rostra, made a speech, swore you had obeyed the laws,
and then ceremonially resigned. You did not have to
send a message to some particular magistrate; you did
not have to twiddle your thumbs waiting for your
resignation to be "accepted" or "acknowledged". The
resignation simply took effect as soon as you declared
it.
I simply cannot understand what could be problematic
about this very simple, very untechnical, very Roman
way of doing things. Your responses so far have not
enlightened me; all they have done is to make me more
and more convinced that when you decided not to adopt
ancient Roman practice it was simply because you had
not adequately understood, or bothered to find out,
what ancient Roman practice actually involved.
We are not going to stop people leaving Nova Roma by
making them jump through hoops to do it: all we are
going to achieve is to decrease the number of people
who validly resign and increase the number of people
who have left but who we cannot take off the list
because their resignations did not meet the complex
legal requirements for validity. The same is true of
resignation from office. Legislation cannot stop
people doing these things. It is questionable whether
we should even be bothering to *try* to stop people
doing these things. There is no good reason at all, as
far as I can see, for failing to adopt the ancient
Roman way of doing things. If you leave, you lose your
citizenship; but if you come back afterwards, you get
it back with no hassle. If you announce your
resignation from office, you lose that office; if you
want it back, you can run for re-election. What could
be simpler? What could be more sensible? What could be
more Roman? Nothing that I can think of; and certainly
not the leges Moraviae Minuciae.
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