Law And Crime In The Roman World

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 2007 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.

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.

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

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

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.

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.

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.