Bylaws of the Collegium

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Re: Bylaws of the Collegium

Postby Gaius Florius Lupus » Sun May 21, 2017 3:27 am

Salvete Collegae!

One week has passed, therefore as promised, I would like to present the draft of our bylaws to the members of our collegium.

The following suggestions were made and considered in the draft:
  • The bylaws should be Latin with an English translation available as a sticky thread in the forum.
    The Latin text was plagiarized from the Collegium Latinae [sic] assuming permission by P. Sextius Laevus, but some parts were changed by me.
  • In case of expulsion there should be the possibility to appeal to the aediles.
    See article XV.
  • It should be possible to create sub-groups.
    This was not taken into consideration. Everybody is free to associate in a sub-group, but I have no idea how this is supposed to be organized by the collegium. I suggest they place a short keyword in front of threads that correspond to the particular sub-group. This does not require the interference of the collegium.
  • The name of the collegium should be changed to Collegium Philosophicum.
    See article I. As soon as the bylaws are approved, I will request the name change to the Aedilis together with the submission of the bylaws.
  • An academic degree should not be mandatory for the magistri.
    This was simply left out.
  • The title of the co-leaders should be changed from domini to magistri.
    See article VI.
  • Severe insults should be punished.
    See article XIV. In case of violations against the Mos Maiorum or the bylaws, a majority of 75% of the voters can expel a member of the collegium.

Now here is the text of the draft:

Constitutio Collegii Philosophici

A. Rationes

I. Hac constitutio Collegium Philosophicum sicut culturale collegium Rei Publicae Romanae dehinc fundatum est.
II. Ratio huius collegii sit, ut locus disceptandi quaestiones philosophicas sit atque educationem de scholis philosophicis classicis et Platonis et Epicuri et disciplinae Stoicae propaget.


B. Collegae

III. Omnibus civibus Romanis petitio collega apud Collegium Philosophicum apertum est.
IV. Collega utro magistro approbanda est.
V. Omnes collegae, qui cives optimo iure sunt, suffragium habent.

C. Rectio

VI. Duos magistri super Collegium magisterium collegialiter habent, et invicem vetare possunt. Primi inter pares sunt, pro collegio loquuuntur, deliberationibus eius praesentant, suffragia irrita decernunt. Itaque magistri moderatores Fori Collegii Philosophici sunt.
VII. Suffragatores potestatem legiferam communiter habent.
VIII. Magistri a pluritate eligendi sunt spatium uni anni quod kalendis Ianuarii incipit.
i. Si utrum officium magistrale vacatum sit, alius magister collegium convocet et electioni quam primum praesit.
ii. Si ambo officia simul vacata sint, quisque suffragator collegium convocare et electionem parare potest.
iii. Si collegium et magistris et suffragatoribus careat, Aedili Curuli tradetur usque ad statum reficiendum.

D. Convocationes

IX. Uter magister collegium convocare potest. Haec convocatio annuntiabitur minime septem ante diebus.
X. Ullus collega magistris non dissentientibus collegium convocare potest. Haec convocatio annuntiabitur minime septem ante diebus.
XI. Ullus collega optimo iure coram convocatione collegii rem ferre potest.
XII. Ullum propositum collegi et erogatio pecuniae, praeter alio providetur, parte maiore suffragiorum indiget ut valeat.

E. Moderatio

XIII. Contentiones inter collegas privatim placandae sunt, vel a parte maiore, magistris intercedentibus secundum necessitatem.
XIV. Ob nefas contra rationes constitutionemve collegii, vel morem maiorem, pars dodrans suffragiorum collegam sceleratum expellere potest.
XV. Collega expulsus adversus talem expulsionem ad Aedilem vel Curulem vel Plebeium, si plebeius sit, appellare potest.

F. Dissolutio

XVI. Collegium cunctis collegis consentientibus solvi potest. Si collegium sic solvatur, denarii sui Aerario Populi Romani dentur.

G. Emendationes

XVII. Maior pars suffragiorum hanc regulam emendare potest.


For those who do not understand Latin, here is a short summary of the articles:
Purpose:
I. Declaration of the foundation of the Collegium.
II. It is meant as place for philosophical discussions and to promote education in classical philosophy.

Colleagues
III. All citizens can apply for membership.
IV. A member can be approved by either magister.
V. All members with optime iure status can vote.

Administration
VI. Two magistri lead the collegium. They represent the collegium are moderators of the forum and can cast a decisive vote, when there is no majority.
VII. All voters have common legislative power.
VIII. Magistri are elected annually and their term starts in January.
i. If one magister is vacant, the other one can call for elections.
ii. If both magistri a vacant, any collegium member can call for elections.
iii. If there is neither a magister nor any voting member left, the aediles take over the collegium.

Assemblies
IX. Any magister can call an assemble at least 7 days in advance.
X. Any member of the collegium can with consent of the magistri also call an assembly.
XI. Any voting member can make a proposal in the assembly.
XII. Any proposal and all expenses need the approval of the majority.

Moderation
XIII. All members settle conflicts among themselves or with intervention of the magistri or the majority if necessary.
XIV. Violations of the bylaws or the Mos Maiorum can be punished with expulsion by a majority of 75% of the voters.
XV. In cased of expulsion the member can appeal to the aediles.

Dissolution
The collegium can be dissolved by unanimous decision of its members. The denarii go to the treasury in this case.

Amandments
The bylaws can be amended by simple majority of the voters.

I would suggest we wait for another week, so that changes to these bylaws can be suggested by the members and discussed here.
If any changes are made, the final version will be published again in one week and we start voting. If the bylaws are approved, they will be submitted to the Curule Aedile.
I hope everybody agrees with this procedure.
I would also appreciate a correction of grammatical mistakes or bad choice of words by those who are more fluent in Latin than me. Gratias!

Valete!
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Re: Bylaws of the Collegium

Postby Gaius Curtius Philo » Sun May 21, 2017 6:20 am

I would suggest Article X to be amended to account for long delays of the magistri from responding an attempt to assemble of a member. In that case, after a given time of silence, their agreement should be seen as tacit. There should also be conditions to remove a magister that isnt serving the will of the members.

I would also change the clause for dissolving the collegium to make it that unanimous support of the voting members and at least 75% of the total membership are necessary for dissolution. What would this entail? That one would have to not only have 75% of the collegium vote for dissolution but also not have anyone against dissolution from among the other 25%. This means that if most of this 25% are inactive but ONE is active and opposes, the collegium still stands. Why is this good? Because I believe that the collegium should exist as long as there are people willing to work in it. As long as one active person wishes it to remain, it should. If 75% wants it gone but ONE person wants it to stay, I think it would still be an injustice if that ONE person is forced to see the collegium dissolve.
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Re: Bylaws of the Collegium

Postby Gaius Florius Lupus » Sun May 21, 2017 11:20 am

The agreement of the magistri to a convocation is not meant as a formal act. It is rather meant that they do not disagree. But we can rewrite this ablativus absolutus to make it more clear. Instead of "magistris consentientibus" we can write "magistris non dissentientibus". So the magistri have 7 days time to disagree with the convocation and nullify it. Otherwise their consent is assumed.

You are right that the dissolution should be decided unanimously. Whoever wants to dissolve it, can simply resign his membership. There is no need to force the remaining minority to dissolve it, even if only one remains.

I will do the changes in the original post, so that everyone can see the current version we are talking about and does not get confused.

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Re: Bylaws of the Collegium

Postby Gaius Curtius Philo » Sun May 21, 2017 4:00 pm

And there should also be conditions to remove a magister if he or she is acting contrary to the interests of the collegium.
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Re: Bylaws of the Collegium

Postby Publius Sextius Laevus » Sun May 21, 2017 8:12 pm

Salvete Lupe et omne

I would say 'copied with consent'. Please be it known that Lucius Livius Seneca authored the Latin version to which I modified a small part.

I see no reason that they should not be as much the same as allowable by the similar nature of the Collegium Academicum. I would expect the Collegium Latinum to be picking up the additional modification herein made.

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Re: Bylaws of the Collegium

Postby Gaius Florius Lupus » Mon May 22, 2017 2:09 am

Gaius Curtius Philo wrote:And there should also be conditions to remove a magister if he or she is acting contrary to the interests of the collegium.


According to the current version a magister can even be expelled from the collegium, if he acts contrary to the mos maiorum or the bylaws. Furthermore the collegae could change the bylaws with a simple majority, if it becomes necessary to remove him. Are additional clauses really necessary?
It was not usual in Rome to impeach magistrati or other elected officers before their term was over. They had the principle of collegiality instead. Every officer had a colleague, be it a magistratus or a duumvir, who could veto whatever his colleague decided. We have the same principle in our collegium.
We have to consider two possibilities:
  1. The second magister agrees with the first one who is supposed to be removed.
    In this case there is nothing what the collegae could do about it, even if the majority want the removal of one or both magistri. Both magistri can act together and cancel any convocation of the collegium, which would be necessary to remove one of them.
  2. The second magister opposes the first one.
    In this case he can already veto everything that his colleague does and effectively neutralize him.
In neither case a particular clause for the removal of a magister would change anything.

Still if we want to implement your proposal, we could do it in the following way:
Add the word "maxime" (maximum) to article VIII as well as the option to have additional elections during the year.
VIII. Magistri a pluritate eligendi sunt spatium maxime uni anni quod kalendis Ianuarii incipit vel praemature, si maior pars suffragiorum ita petat.

This means translated:
The magistri are to be elected by the majority for a duration of maximum one year, which starts the 1st of January or earlier, if the majority of the voters may demand so.
So the majority of the members could simply elect a new magister at any time.

I do not think this clause is necessary, but if the proposal is seconded by another collegium member, I will include it in the draft.
From experience we have seen more examples of an elected officer resigning and abandoning our community rather than facing criticism and struggling to stay in office. So removing somebody against his will is apparently not something we need to worry about in the "harsh reality of our Republic".

So does anybody second the proposal of Curtius Philo Aurelianus?

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Re: Bylaws of the Collegium

Postby Gaius Curtius Philo » Mon May 22, 2017 4:10 am

No need amice. You convinced me of it not being necessary. Especially given the addition of the 7 days to respond, that you added. That removes the problem of an absent Magister causing problems. So I retract my latest suggestion.
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Re: Bylaws of the Collegium

Postby Lucia Horatia Adamas » Mon May 22, 2017 5:45 am

L. Horatia Adamas L. Livio Senecae omnibusque S.P.D.

I shall paste a copy of the Latin draft, etc., below to facilitate my responses.


====

Constitutio Collegii Philosophici

A. Rationes

I. Hac constitutio

haec...

Collegium Philosophicum sicut culturale collegium Rei Publicae Romanae dehinc fundatum est.

conditum / creatum. 'dehinc' may be a bit redundant.


II. Ratio huius collegii sit, ut locus disceptandi quaestiones philosophicas sit atque educationem de scholis philosophicis classicis et Platonis et Epicuri et disciplinae Stoicae propaget.

This would imply that discussions of later philosophers and their works is unwelcome. I hope that isn't the case.


B. Collegae

III. Omnibus civibus Romanis petitio collega apud Collegium Philosophicum apertum est.

Melius: petitio…aperta est. ' Petitio' is feminine and requires a feminine adjective. The phrase 'petitio collega,' however, is awkward, and I am not certain what it is intended to mean. Perhaps 'ut collega,' or something even more graceful, perhaps 'omnibus civibus Romanis liceat collegae Collegi Philosophici fieri.'
Often, though, verbs in such documents are in Cato's favorite grammatical form, the future imperative. Too, 'particeps' might be better than 'collega.'


IV. Collega utro magistro approbanda est.

Utri, dativus irregularis. With the gerundive, the agent is in the bare, naked dative, not the ablative.

V. Omnes collegae, qui cives optimo iure sunt, suffragium habent.

C. Rectio

Fortasse melius: regimen

VI. Duos

Duo...

magistri super Collegium magisterium collegialiter habent, et invicem vetare possunt. Primi inter pares sunt, pro collegio loquuuntur, deliberationibus eius praesentant, suffragia irrita decernunt. Itaque magistri moderatores Fori Collegii Philosophici sunt.
VII. Suffragatores potestatem legiferam communiter habent.
VIII. Magistri a pluritate eligendi sunt spatium uni anni quod kalendis Ianuarii incipit.

'Magistri majori parti,' dative agent with gerundive and improved vocabulary. I think we can use the accusative of extent of time here and simply say 'unum annum.'

i. Si utrum officium magistrale vacatum sit,

Si alterum munus vacat (there are only two, so 'alter' seems better.

alius magister collegium convocet et electioni quam primum praesit.

'comitia habere' seems to be the regular phrase for holding or presiding over elections.

ii. Si ambo officia simul vacata sint, quisque suffragator collegium convocare et electionem parare potest.

Si ambo munera / officia simul vacant, unus quisque suffragator ….et comitia habere potest.

See above...

iii. Si collegium et magistris et suffragatoribus careat, Aedili Curuli tradetur usque ad statum reficiendum.

D. Convocationes

IX. Uter magister collegium convocare potest. Haec convocatio annuntiabitur minime septem ante diebus.

melius, ut spero: uná quidem septimaná antea annuntiabitur; minimé uná septimaná. Fortasse gerundivum etiam melius: annuntiandum est uná quidem septimaná.


X. Ullus collega

unusquisque collega




magistris non dissentientibus collegium convocare potest. Haec convocatio annuntiabitur minime septem ante diebus.
XI. Ullus collega optimo iure coram convocatione collegii rem ferre potest.

Melius: 'unusquisque collega'

XII. Ullum propositum collegi et erogatio pecuniae, praeter alio providetur, parte maiore suffragiorum indiget ut valeat.

For all points here: 'any' should be translated as a form of '[ali]quis,' as my English-Latin lexicon notes. X therefore would begin with 'aliquis collega' and XI would also start with 'aliquis collega,' etc.

E. Moderatio

XIII. Contentiones inter collegas privatim placandae sunt, vel a parte maiore,

Again, the agent is in the dative with gerundives.


magistris intercedentibus secundum necessitatem.

More graceful: si necesse sit.

XIV. Ob nefas contra rationes constitutionemve collegii, vel morem maiorem, pars dodrans suffragiorum collegam sceleratum expellere potest.

'sceleratum' seems a bit strong. Once I was moderator of a group where one member was clearly insane, having presented himself first as a tall, hairy male, then as a woman…who threatened to lead his army against those he deemed to be opposed to him. This is not criminal conduct, but it certainly is not desirable. Neither are arguments based on misconceptions, as when someone's child gets access to the computer and posts incendiary materials and others blame the member. [/color]

XV. Collega expulsus adversus talem expulsionem ad Aedilem vel Curulem vel Plebeium, si plebeius sit, appellare potest.

F. Dissolutio

XVI. Collegium cunctis collegis consentientibus solvi potest. Si collegium sic solvatur,

'dissolvo' is better; 'solvo' often means 'pay.'

denarii sui Aerario Populi Romani dentur.

G. Emendationes

XVII. Maior pars suffragiorum hanc regulam emendare potest.


For those who do not understand Latin,

Probably the majority of the membership...

here is a short summary of the articles:
Purpose:
I. Declaration of the foundation of the Collegium.
II. It is meant as place for philosophical discussions and to promote education in classical philosophy.

Colleagues
III. All citizens can apply for membership.
IV. A member can be approved by either magister.
V. All members with optime iure status can vote.

Administration
VI. Two magistri lead the collegium. They represent the collegium are moderators of the forum and can cast a decisive vote, when there is no majority.
VII. All voters have common legislative power.
VIII. Magistri are elected annually and their term starts in January.
i. If one magister is vacant,

If one magistracy / if one position is vacant...

the other one can call for elections.
ii. If both magistri a vacant,

Both magistracies / both magisteria are vacant...

any collegium member can call for elections.
iii. If there is neither a magister nor any voting member left, the aediles take over the collegium.

Assemblies
IX. Any magister

Better: either magister

can call an assemble at least 7 days in advance.
X. Any member of the collegium can with consent of the magistri also call an assembly.
XI. Any voting member can make a proposal in the assembly.
XII. Any proposal and all expenses need the approval of the majority.

Do we anticipate expenses?

Moderation
XIII. All members settle conflicts among themselves or with intervention of the magistri or the majority if necessary.
XIV. Violations of the bylaws or the Mos Maiorum can be punished with expulsion by a majority of 75% of the voters.

Who is to say what the Mos Majorum is?


XV. In cased of expulsion the member can appeal to the aediles.

Dissolution
The collegium can be dissolved by unanimous decision of its members. The denarii go to the treasury in this case.

Amandments

Amendments...

The bylaws can be amended by simple majority of the voters.

I would suggest we wait for another week, so that changes to these bylaws can be suggested by the members and discussed here.
If any changes are made, the final version will be published again in one week and we start voting. If the bylaws are approved, they will be submitted to the Curule Aedile.
I hope everybody agrees with this procedure.
I would also appreciate a correction of grammatical mistakes or bad choice of words by those who are more fluent in Latin than me.

Have done some of that, albeit not in minio… Additional phrases are somewhat awkward. For those desiring to learn fluent Latin, the Schola Latina Europaea atque Universalis offers wonderful courses written by a European Latinist known for his fluency. Unfortunately office politics contrived the expulsion the best teachers and interpreters, but it seems that the sole incompetent has been evicted as well, so the others are at least adequate.

Gratias!

Flocci est!


Valete!

Vale, et valete!


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Re: Bylaws of the Collegium

Postby Gaius Florius Lupus » Mon May 22, 2017 5:57 pm

Gratias tibi, Horatia Adamas!

I appreciate your input very much. It is good to have finally an expert looking over the Latin text. Some words and grammatical forms also looked awkward to me, but I assumed since it came from the Collegium Latinum, they should know better than me.
Due to the number of corrections I will post an entirely new version below.

A few questions and remarks though:
  • Should "haec constitutio" in article I not be in the ablative? I thought I got "constitutio" wrong, not "hac".
  • Nowhere in article I it says that later philosophies are not welcome. In fact most clauses that restricted free speech were eliminated from the bylaws. However it would be counter-intuitive to expect discussions on existentialism in a philosophical forum hosted by the Roman Republic. Classical philosophy is the emphasis, but everybody can say anything, even from later philosophers. Still I would say the most significant contributions to philosophy in general came from classical philosophers.
  • In article IX and X should the gerundive not be feminine, i.e. "annuntianda", since convocatio is feminine too?
  • Do we anticipate expenses? - Actually no. But we have denarii in the treasury of the collegium, so we need rules on how it could be spent, if the question ever arises.
  • Who is to say what the Mos Majorum is? - Nobody. This lies in the very nature of a mos. It is a simple custom, it is not written by anybody. One would have to find a precedent or other historical evidence to prove a violation of the Mos Maiorum.
  • I have learned something important today. I did not remember that the agent of a gerundive has to be dative instead of ablative + a. Gratias tibi ago.

Here is now the most current version of the draft (corrections marked red).

Constitutio Collegii Philosophici

A. Rationes

I. Hac constitutione Collegium Philosophicum sicut culturale collegium Rei Publicae Romanae conditum est.
II. Ratio huius collegii sit, ut locus disceptandi quaestiones philosophicas sit atque educationem de scholis philosophicis classicis et Platonis et Epicuri et disciplinae Stoicae propaget.


B. Collegae

III. Omnibus civibus Romanis liceat collegae Collegii Philosophici fieri.
IV. Collega utri magistro approbandus est.
V. Omnes collegae, qui cives optimo iure sunt, suffragium habent.

C. Regimen

VI. Duo magistri super Collegium magisterium collegialiter habent, et invicem vetare possunt. Primi inter pares sunt, pro collegio loquuntur, deliberationibus eius praesentant, suffragia irrita decernunt. Itaque magistri moderatores Fori Collegii Philosophici sunt.
VII. Suffragatores potestatem legiferam communiter habent.
VIII. Magistri maiori parti eligendi sunt unum annum quod kalendis Ianuarii incipit.
i. Si alterum munus vacat, alius magister collegium convocet et comitia habeat.
ii. Si ambo munera simul vacant, unus quisque suffragator convocare et comitia habere potest.
iii. Si collegium et magistris et suffragatoribus careat, Aedili Curuli tradetur usque ad statum reficiendum.

D. Convocationes

IX. Uter magister collegium convocare potest. Haec convocatio annuntianda est minime una septimana antea.
X. Aliquis collega magistris non dissentientibus collegium convocare potest. Haec convocatio annuntianda est minime una septimana antea.
XI. Aliquis collega optimo iure coram convocatione collegii rem ferre potest.
XII. Aliquid propositum collegi et erogatio pecuniae, praeter alio providetur, parte maiore suffragiorum indiget ut valeat.

E. Moderatio

XIII. Contentiones inter collegas privatim placandae sunt, vel parti maiori, magistris intercedentibus, si necesse sit.
XIV. Ob nefas contra rationes constitutionemve collegii, vel morem maiorem, pars dodrans suffragiorum collegam expellere potest.
XV. Collega expulsus adversus talem expulsionem ad Aedilem vel Curulem vel Plebeium, si plebeius sit, appellare potest.

F. Dissolutio

XVI. Collegium cunctis collegis consentientibus dissolvi potest. Si collegium sic dissolvatur, denarii sui Aerario Populi Romani dentur.

G. Emendationes

XVII. Maior pars suffragiorum hanc regulam emendare potest.


I hope I have done all corrections properly. Please correct any mistakes!

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Re: Bylaws of the Collegium

Postby Gaius Florius Lupus » Sun May 28, 2017 12:12 pm

Salvete collegae!

Another week of debate and improvements has passed, and as earlier announced, it is now time to vote.
Hereby I formally ask for the approval of the above version to be adopted as the new bylaws of the Collegium Philosophicum.
These bylaws also imply a name change of the collegium from Collegium Philosophiae to Collegium Philosophicum.
Furthermore it means the removal of the link to Cassia Longina's website for the collegium, which will be outdated by the establishment of the new bylaws.

Voting will last for one week and will be conducted the old-fashioned way by answering to this thread.
If you agree with the proposal, please answer with VTI ROGAS.
If you reject the proposal, please answer with ANTIQVO.
If you have no opinion on the proposal, please answer with ABSTINEO.

It can be assumed that I vote myself in favor, since I am making this proposal.

Your participation in this polls is important to prove the activity of this collegium. So even, if you do not care about the bylaws, please vote with ABSTINEO instead of not voting at all.

In one week we shall have the result of this poll. If the proposal is approved by the majority, then it will be submitted to the Aediles.

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