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Concept
Sedition
Summary
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.
Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another.
Seditio (going apart) was the offence, in the later Roman Republic, of collective disobedience to a magistrate, including both military mutiny and civilian mob action. Leading or instigating seditio was punishable by death. Civil seditio became frequent during the political crisis of the first century BCE, as populist politicians sought to check the privileged classes by appealing to public assemblies. The Julio-Claudian emperors addressed this situation by abolishing elections and other duties of the assemblies. Under Tiberius the crime of seditio was subsumed in the law of majestas, which prohibited any utterance against the dignity of the emperor.
Seditio has often been proposed as the offence for which Jesus was crucified, as described in : "inciting the people to rebellion" (ἀποστρέφοντα τὸν λαόν, "leading the people astray").
The term sedition in its modern meaning first appeared in the Elizabethan Era (c. 1590) as the "notion of inciting by words or writings disaffection towards the state or constituted authority". The law developed in the Court of Star Chamber, relying on longstanding scandalum magnatum statutes and a broad repressive act of Mary I against literature that contained "the encouraging, stirring or moving of any insurrection". That seditious statements were true was no defence, but rather an aggravating factor, since true statements were all the more potent.
Official source
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