‘Dominium in Solo Provinciali’ and ‘Ager Publicus.’

Abstract

So far as extant writings go, Gaius is the first to assert that Rome was owner of the soil in the provinces. It seems, however, to be the general belief that the doctrine of state-ownership was invented long before the Empire. Mommsen attributed it to Gaius Gracchus, basing his view upon the Gracchan censoria locatio in Asia. Klingmüller, who has more recently examined the evidence, believes that the theory is even older; that in fact Rome had from the earliest times claimed ownership of conquered territory. Rostovtzeff, rejecting Klingmüller's arguments, asserts that Rome adopted the theory from the Hellenistic practices found embodied in the Hieronic law which Rome used for the collection of tribute in Sicily.