Authors: Robinson
ISBN-13: 9780415416511, ISBN-10: 0415416515
Format: Hardcover
Publisher: Taylor & Francis, Inc.
Date Published: February 2007
Edition: (Non-applicable)
Author Biography: Robinson
Book Synopsis
Using Roman literary and legal sources, this book assesses Roman penal policy through an in-depth examination of six high-profile criminal cases, ranging from the Bacchanalian trials in 186 BC to the trials for treason and magic in the fourth century. Identifying Roman attitudes to crime and punishment, this book brings out contrasts and developments in those attitudes.
O.F. Robinson examines Roman criminal legislation (both that laid down by Justinian and that codified and confirmed by him) as well as Roman attitudes, both juristic and philosophical, to the purposes of punishment, including deterrence, retribution, reform, protection of the public and how they were modified over time. The author also discusses arguments for fixed as against flexible penalties, and the changes made in the actual punishments and in those to whom they were applied.
This book is an essential tool for any specialist, student or researcher wishing to learn more about Roman values from their approach to crime and punishment
Table of Contents
Acknowledgements viii
Introduction 1
The Bacchanalian affair 7
The sources 7
The cult of Bacchus 8
The story 9
The whore with the heart of gold 9
The authorities are informed 11
Hispala's story 13
The source of the romance 15
The Senate 16
The reactions 18
The Senate's resolutions 19
Livy on the Senate's conduct 22
After-shocks 23
Foreign cults 25
Whose plot? 27
Cicero, murder and the courts 30
The system of the standing jury-courts 31
The quaestio perpetua de sicariis et veneficis 33
The lack of a state prosecution service and the moral ambivalence of prosecution 34
The Social War and Sulla's dictatorship 36
The proscriptions 37
Pro Roscio Amerino: the case 40
The narrative 42
Parricide and its penalty 44
Cicero's speech 47
Cicero's counter-charge 51
The slaves of Roscius 53
Roscius' estate 54
The trial of Cn. Calpurnius Piso in AD 20 56
The sources 56
Germanicus and Piso 57
After Germanicus' death 60
Treason 62
Delators 63
The trial 64
Preliminaries to the trial 64
The opening of the trial 66
The prosecution 67
The defence 68
Piso's end 69
Subsidiary trials 70
The sentences 72
The survival of the standing jury-courts 75
Pliny and repetundae trials before the Senate 78
The crime of res repetundae 78
The disappearance of 'voluntary' exile 81
The trial of Marius Priscus and his legate 82
The trial of Classicus and his companions 86
Calumny and other procedural crimes 89
Further subsidiary trials 90
The trial of Julius Bassus 91
The trial of Varenus Rufus 94
A trial before the emperor 96
The Senate and the ordo 98
Acta Martyrum Christianorum: the extension of torture 99
The sources 100
The background: astrologers and philosophers 101
The different stages of the criminal law concerning Christianity 102
Death and torture, and the links with social status 105
Decius, the gods and the Christians 108
Pionius 111
The lapsed 115
Valerian and the criminalization of Christianity 116
Cyprian 118
The 'great' persecution 120
The first edict, and the martyrdom of Felix 121
The later edicts 122
Agape and her companions 124
Some brief accounts: Irenaeus of Sirmium; Phileas of Thmuis; Crispina 125
Popular pressures and the rule of law 127
Some trials for treason and magic in the fourth century 130
The historical background 130
Fourth-century issues 132
The sources 135
Constantius and the trials of 359 137
The prohibitions on magic under Constantine and his sons 140
Astrology as science 142
Valentinian I and the trials at Rome for magic and adultery 144
Formalities in the criminal procedure of the fourth century 147
The trials at Antioch in 371-72 149
The origins 149
Theodorus on trial 151
Dangerous writings 153
The resumption of the inquiries 154
The continued prohibition of pagan sacrifices and divination 156
Justinian the legislator 158
Justinian and the Corpus Iuris Civilis 158
Justinian's own legislation in Code, Book 9 159
Justinian's legislation on criminal matters in his Novels 164
Justinian's Code and the Theodosian Code 168
Justinian and the jurists 174
Crime and punishment 179
The philosophy of punishment 180
Penalties in Republican Rome 184
The growth of the death penalty: punishment in the Empire 187
Law and general ideas of punishment 193
Summary 195
Glossary 198
Bibliography 202
Index of Sources 228
General Index 243
Subjects