Law and Crime in the Roman World


Book Description

What was crime in ancient Rome? Was it defined by law or social attitudes? How did damage to the individual differ from offences against the community as a whole? This book explores competing legal and extra-legal discourses in a number of areas, including theft, official malpractice, treason, sexual misconduct, crimes of violence, homicide, magic and perceptions of deviance. It argues that court practice was responsive to social change, despite the ingrained conservatism of the legal tradition, and that judges and litigants were in part responsible for the harsher operation of justice in Late Antiquity. Consideration is also given to how attitudes to crime were shaped not only by legal experts but also by the rhetorical education and practices of advocates, and by popular and even elite indifference to the finer points of law.




Roman Law and the Legal World of the Romans


Book Description

Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.




Murder Was Not a Crime


Book Description

Embarking on a unique study of Roman criminal law, Judy Gaughan has developed a novel understanding of the nature of social and political power dynamics in republican government. Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder. With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence. Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.




New Frontiers


Book Description

Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an interdisciplinary manner whereby Roman law is not merely seen as a set of abstract concepts devoid of any background, but as a body of law which operated in a specific social, economic and cultural context. This context-based, 'law and society' approach to the study of Roman law is an exciting new field which legal historians must address. This interdisciplinary collection focuses on three larger themes which have emerged from these studies: Roman legal thought the interaction between legal theory and legal practice and the relationship between law and economics.




A Fatal Thing Happened on the Way to the Forum


Book Description

An entertaining and informative look at the unique culture of crime, punishment, and killing in Ancient Rome In Ancient Rome, all the best stories have one thing in common—murder. Romulus killed Remus to found the city, Caesar was assassinated to save the Republic. Caligula was butchered in the theater, Claudius was poisoned at dinner, and Galba was beheaded in the Forum. In one 50-year period, 26 emperors were murdered. But what did killing mean in a city where gladiators fought to the death to sate a crowd? In A Fatal Thing Happened on the Way to the Forum, Emma Southon examines a trove of real-life homicides from Roman history to explore Roman culture, including how perpetrator, victim, and the act itself were regarded by ordinary people. Inside Ancient Rome's darkly fascinating history, we see how the Romans viewed life, death, and what it means to be human.




Policing the Roman Empire


Book Description

Drawing on a wide variety of source material from art archaeology, administrative documents, Egyptian papyri, laws Jewish and Christian religious texts and ancient narratives this book provides a comprehensive overview of Roman imperial policing practices.




The Oxford Handbook of Social Relations in the Roman World


Book Description

The study of Roman society and social relations blossomed in the 1970s. By now, we possess a very large literature on the individuals and groups that constituted the Roman community, and the various ways in which members of that community interacted. There simply is, however, no overview that takes into account the multifarious progress that has been made in the past thirty-odd years. The purpose of this handbook is twofold. On the one hand, it synthesizes what has heretofore been accomplished in this field. On the other hand, it attempts to configure the examination of Roman social relations in some new ways, and thereby indicates directions in which the discipline might now proceed. The book opens with a substantial general introduction that portrays the current state of the field, indicates some avenues for further study, and provides the background necessary for the following chapters. It lays out what is now known about the historical development of Roman society and the essential structures of that community. In a second introductory article, Clifford Ando explains the chronological parameters of the handbook. The main body of the book is divided into the following six sections: 1) Mechanisms of Socialization (primary education, rhetorical education, family, law), 2) Mechanisms of Communication and Interaction, 3) Communal Contexts for Social Interaction, 4) Modes of Interpersonal Relations (friendship, patronage, hospitality, dining, funerals, benefactions, honor), 5) Societies Within the Roman Community (collegia, cults, Judaism, Christianity, the army), and 6) Marginalized Persons (slaves, women, children, prostitutes, actors and gladiators, bandits). The result is a unique, up-to-date, and comprehensive survey of ancient Roman society.




The Twelve Tables


Book Description

This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.




Legitimacy and Law in the Roman World


Book Description

Greeks wrote mostly on papyrus, but the Romans wrote solemn religious, public and legal documents on wooden tablets often coated with wax. This book investigates the historical significance of this resonant form of writing; its power to order the human realm and cosmos and to make documents efficacious; its role in court; the uneven spread - an aspect of Romanization - of this Roman form outside Italy, as provincials made different guesses as to what would please their Roman overlords; and its influence on the evolution of Roman law. An historical epoch of Roman legal transactions without writing is revealed as a juristic myth of origins. Roman legal documents on tablets are the ancestors of today's dispositive legal documents - the document as the act itself. In a world where knowledge of the Roman law was scarce - and enforcers scarcer - the Roman law drew its authority from a wider world of belief.




Roman Law and the Origins of the Civil Law Tradition


Book Description

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.