The Constitution of Hierarchy

Drawing upon Roman public law and the classical Western ius commune generally, I sketch a law-governed constitution of hierarchy, including its institutional form and its basic justification. Grounded in a popular delegation of sovereign authority and power (imperium and potestas) to the Roman emperors and subordinate officials, the constitution of hierarchy is pervasively shaped and constrained by law and legal norms, written and unwritten, that orient the lawful exercise of power to the public good; it includes subsidiary democratic mechanisms of petitioning, consultation, and local and provincial democracy. The alternative to the constitution of hierarchy is not political egalitarianism, but an alternative hierarchy of arbitrary and exploitative rule, dominated by an economic and social class of optimates.