Problems and Methods for Ancient Historians
Author: O. F. Robinson
The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
Author: Jill Harries
Publisher: Cambridge University Press
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.
Methods and Problems
Author: Alan Bowman,Andrew Wilson
Publisher: Oxford University Press
Category: Business & Economics
The first volume in a new series, Oxford Studies on the Roman Economy: a collection of essays, edited by the series editors, focusing on the economic performance of the Roman empire, and suggesting how we can derive a quantified account of economic growth and contraction in the period of the empire's greatest extent and prosperity.
Author: Olivia F. Robinson
Publisher: JHU Press
Although the Romans lived in a society very different from ours, they were like us in fearing crime and in hoping to control it by means of the law. Ordinary citizens wanted protection from muggers in the streets or thieves at the public baths. They demanded laws to punish officials who abused power or embezzled public monies. Even emperors, who feared plotters and wanted to repress subversive ideas and doctrines, looked to the law for protection. In the first book in English to focus on the substantive criminal law of ancient Rome, O. F. Robinson offers a lively study of an essential aspect of Roman life and identity. Robinson begins with a discussion of the framework within which the law operated and the nature of criminal responsibility. She looks at the criminal law of Rome as it was established in the late Republic under Sulla's system of standing jury-courts. Grouping offenses functionally into five chapters, she examines crimes committed for gain, crimes involving violence, sexual offenses, offenses against the state, and offenses against the due ordering of society.
Author: Andrew Lintott
Publisher: OUP Oxford
There is no other published book in English studying the constitution of the Roman Republic as a whole. Yet the Greek historian Polybius believed that the constitution was a fundamental cause of the exponential growth of Rome's empire. He regarded the Republic as unusual in two respects: first, because it functioned so well despite being a mix of monarchy, oligarchy and democracy; secondly, because the constitution was the product of natural evolution rather than the ideals of a lawgiver. Even if historians now seek more widely for the causes of Rome's rise to power, the importance and influence of her political institutions remains. The reasons for Rome's power are both complex, on account of the mix of elements, and flexible, inasmuch as they were not founded on written statutes but on unwritten traditions reinterpreted by successive generations. Knowledge of Rome's political institutions is essential both for ancient historians and for those who study the contribution of Rome to the republican tradition of political thought from the Middle Ages to the revolutions inspired by the Enlightenment.
Homicide and Power in the Roman Republic
Author: Judy E. Gaughan
Publisher: University of Texas Press
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.
Author: Andrew M. Riggsby
Publisher: Cambridge University Press
In this book, Andrew Riggsby surveys the main areas of Roman law, and their place in Roman life.
Classical Reception and the Problem of Rome's Flaws
Author: Basil Dufallo
Publisher: Oxford University Press
Category: Literary Collections
In the eyes of posterity, ancient Rome is deeply flawed. The list of censures is long and varied, from political corruption and the practice of slavery, to religious intolerance and sexual immorality, yet for centuries the Romans' "errors" have not only provoked opprobrium, but also inspired wayward and novel forms of thought and representation, themselves errant in the broad sense of the Latin verb. This volume is the first to examine this phenomenon in depth, treating examples from history, philosophy, literature, psychoanalysis, and art history, from antiquity to the present, to examine how the Romans' faults have become the basis for creative experimentation, for rejections of prevailing ideology, even for comedy and delight. In demonstrating that the reception of Rome's missteps and mistakes has been far more complex than simply denouncing them as an exemplum malum to be shunned and avoided, it argues compellingly that these "alternative" receptions are historically important and enduringly relevant in their own right. "Roman error" comes to signify both ancient misstep and something that we may commit when engaging with Roman antiquity, whereby reception may even be conceived as "error" of a kind: while the volume ably addresses popular fascination with a wide range of Roman vices, including violence, imperial domination, and decadence, it also asks us to consider what makes certain receptions matter, how they matter, and why.
Author: George Mousourakis
This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c.1000 BC through to its re-discovery in Europe where it was widely applied until the eighteenth century. Combining a law specialist’s informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments. Including bibliographic references and organized accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.
Author: O. F Robinson
First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.
The Problem of Admissibility of Evidence
Author: Andrea Ryan
With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Author: Mary Beard
Publisher: W. W. Norton & Company
A sweeping, revisionist history of the Roman Empire from one of our foremost classicists. Ancient Rome was an imposing city even by modern standards, a sprawling imperial metropolis of more than a million inhabitants, a "mixture of luxury and filth, liberty and exploitation, civic pride and murderous civil war" that served as the seat of power for an empire that spanned from Spain to Syria. Yet how did all this emerge from what was once an insignificant village in central Italy? In S.P.Q.R., world-renowned classicist Mary Beard narrates the unprecedented rise of a civilization that even two thousand years later still shapes many of our most fundamental assumptions about power, citizenship, responsibility, political violence, empire, luxury, and beauty. From the foundational myth of Romulus and Remus to 212 ce—nearly a thousand years later—when the emperor Caracalla gave Roman citizenship to every free inhabitant of the empire, S.P.Q.R. (the abbreviation of "The Senate and People of Rome") examines not just how we think of ancient Rome but challenges the comfortable historical perspectives that have existed for centuries by exploring how the Romans thought of themselves: how they challenged the idea of imperial rule, how they responded to terrorism and revolution, and how they invented a new idea of citizenship and nation. Opening the book in 63 bce with the famous clash between the populist aristocrat Catiline and Cicero, the renowned politician and orator, Beard animates this “terrorist conspiracy,” which was aimed at the very heart of the Republic, demonstrating how this singular event would presage the struggle between democracy and autocracy that would come to define much of Rome’s subsequent history. Illustrating how a classical democracy yielded to a self-confident and self-critical empire, S.P.Q.R. reintroduces us, though in a wholly different way, to famous and familiar characters—Hannibal, Julius Caesar, Cleopatra, Augustus, and Nero, among others—while expanding the historical aperture to include those overlooked in traditional histories: the women, the slaves and ex-slaves, conspirators, and those on the losing side of Rome’s glorious conquests. Like the best detectives, Beard sifts fact from fiction, myth and propaganda from historical record, refusing either simple admiration or blanket condemnation. Far from being frozen in marble, Roman history, she shows, is constantly being revised and rewritten as our knowledge expands. Indeed, our perceptions of ancient Rome have changed dramatically over the last fifty years, and S.P.Q.R., with its nuanced attention to class inequality, democratic struggles, and the lives of entire groups of people omitted from the historical narrative for centuries, promises to shape our view of Roman history for decades to come.
Author: Gordon P. Kelly
Publisher: Cambridge University Press
Roman senators and equestrians were always vulnerable to prosecution for their official conduct, especially since politically motivated accusations were common. When charged with a crime in Republican Rome, such men had a choice concerning their fate. They could either remain in Rome and face possible conviction and punishment, or go into voluntary exile and avoid legal sentence. For the majority of the Republican period, exile was not a formal legal penalty contained in statutes, although it was the practical outcome of most capital convictions. Despite its importance in the political arena, Roman exile has been a neglected topic in modern scholarship. This 2006 study examines all facets of exile in the Roman Republic: its historical development, technical legal issues, the possibility of restoration, as well as the effects of exile on the lives and families of banished men.
Author: John Philip Dawson
Publisher: The Lawbook Exchange, Ltd.
Dawson, John P. A History of Lay Judges. Cambridge, Mass.: Harvard University Press, 1960. viii, , 310 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50812. ISBN 1-886363-69-2. Cloth. $75. * An analysis of the divergent legal systems in England, France, Germany and Rome showing the relationship of the courts to the community, the legal structure and political organizations. The work examines the evolution of medieval French and German courts from the Roman canonist system. This study also explores the role of the local courts in England and examines in detail the workings and influence of a typical manor court, Redgrave, in Suffolk, England, (which was owned by Sir Nicholas Bacon, the father of Sir Francis Bacon) for the period up to 1711. Extensive notes, indexed. Scholars interested in the roots of the modern political structures in Europe will find this work of supreme benefit.
Author: James M. Anderson,Ivan Waggoner
Publisher: Rand Corporation
Category: Business & Economics
This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.