By O.F. Robinson
Utilizing Roman literary and felony assets, this ebook assesses Roman penal coverage via an in-depth exam of six high-profile felony circumstances, starting from the Bacchanalian trials in 186 BC to the pains for treason and magic within the fourth century. picking out Roman attitudes to crime and punishment, this publication brings out contrasts and advancements in these attitudes. O.F. Robinson examines Roman felony laws (both that laid down through Justinian and that codified and proven through him) in addition to Roman attitudes, either juristic and philosophical, to the needs of punishment, together with deterrence, retribution, reform, defense of the general public and the way they have been changed over the years. the writer additionally discusses arguments for mounted as opposed to versatile consequences, and the alterations made within the real punishments and in these to whom they have been utilized. This booklet is an important instrument for any expert, pupil or researcher wishing to profit extra approximately Roman values from their method of crime and punishment
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Extra info for Penal Practice and Penal Policy in Ancient Rome
Quint. inst. or. 1. Three verdicts were possible in a criminal trial at this period, rather as in Scots law: guilty, not guilty, and non liquet, or no vote; the third Scots verdict is ‘not proven’. 29). The rule that an equality of votes for condemnation and acquittal meant acquittal is a limited argument for the acceptance of a presumption of innocence. For an analysis of the statute, see Ferrary (1991). On the content in practice see generally Robinson (1995b), 41–47. I think, contra Cloud (1968) and (1994), that this creation of one murder court, even if it sat in several divisions, was Sulla’s purpose.
3–5; in this account it began with 80 names, then in the next two days another 440, and more later. 1) gives the highest total ﬁgure, 9,000; Firmicus Maternus (Math. 27) reports 7,000. Gardner (1932), 277, gives the total as 4,700. Cic. Clu. 25 gives a local example at Larinum. 39 C I C E R O , M U R D E R A N D T H E C O U RT S The civil strife had ripped apart the social stability of the Italian upper classes. The effects of constant wars ruined much of the Italian peasantry; conscription of adult males led to impoverished or indebted farms, with nobody there to protect them against forcible expropriation.
Repression, whether in the second or ﬁrst century, was thus relatively unusual. Indeed, in 212 BC, under the guidance of the Sibylline Books, games for Apollo of Delphi, an undoubtedly Greek god, had been ofﬁcially introduced. 8. Evans (1993) suggests that Livy modelled much of his story on the ‘correct’ view of the Catiline affair, but this concerned sedition rather than religion; nevertheless ‘coniuratio‘ was the link. 2–14. Dume´zil (1966), 496, links Pythagoreanism and the cult of Bacchus. T.