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Subsidiarity and Hierarchy in the Roman Empire 122 Frédéric Hurlet Vi Contents The Impact of Justice on the Roman Empire Impact of Empire Roman Empire, c. 200 B.C.–A.D. 476 Edited by Olivier Hekster (Radboud University, Nijmegen, The Netherlands) Editorial Board Stéphane Benoist Angelos Chaniotis Lien Foubert Anne Kolb Luuk de Ligt Elio Lo Cascio Bernhard Palme Michael Peachin Francisco Pina Polo Rubina Raja Christian Witschel Greg Woolf volume 34 The titles published in this series are listed at brill.com/imem The Impact of Justice on the Roman Empire Proceedings of the Thirteenth Workshop of the International Network Impact of Empire (Gent, June 21–24, 2017) Edited by Olivier Hekster Koenraad Verboven LEIDEN | BOSTON This is an open access title distributed under the terms of the CC-BY-NC 4.0 License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Library of Congress Cataloging-in-Publication Data Names: Impact of Empire (Organization). Workshop (13th : 2017 : Ghent, Belgium). | Hekster, Olivier, editor. | Verboven, Koenraad, editor. Title: The impact of justice on the Roman Empire : proceedings of the thirteenth workshop of the International Network Impact of Empire (Gent, June 21-24, 2017) / edited by Olivier Hekster, Koenraad Verboven. Description: Leiden ; Boston : Brill Nijhoff, 2019. | Series: Impact of empire, Roman Empire, c. 200 B.C.-A.D. 476 ; Volume 34 | Includes bibliographical references and index. Identifiers: LCCN 2019011698 (print) | LCCN 2019013016 (ebook) | ISBN 9789004400474 (ebook) | ISBN 9789004400450 (hardback : alk. paper) Subjects: Subjects: LCSH: Roman law–Political aspects–Congresses. | Justice, Administration of (Roman law)–Congresses. | Rome–Politics and government–30 B.C.-476 A.D.–Congresses. Classification: LCC KJA147 (ebook) | LCC KJA147 .I47 2019 (print) | DDC 340.5/4–dc23 LC record available at https://lccn.loc.gov/2019011698 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill‑typeface. ISSN 1572-0500 ISBN 978-90-04-40045-0 (hardback) ISBN 978-90-04-40047-4 (e-book) Copyright 2019 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid-free paper and produced in a sustainable manner. Contents Notes on Contributors vii 1 Introduction 1 Koenraad Verboven and Olivier Hekster Part 1 The Emperor and Justice 2 Culture politique impériale et pratique de la justice: Regards croisés sur la figure du prince «injuste» 19 Stéphane Benoist et Anne Gangloff 3 The Decreta and Imperiales Sententiae of Julius Paulus: Law and Justice in the Judicial Decisions of Septimius Severus 49 Elsemieke Daalder 4 The Value of the Stability of the Law: A Perspective on the Role of the Emperor in Political Crises 68 Francesco Bono 5 Legal Education, Realpolitik, and the Propagation of the Emperor’s Justice 86 Matthijs Wibier Part 2 Justice in a Dispersed Empire 6 Koinoi Nomoi: Hadrian and the Harmonization of Local Laws 105 Juan Manuel Cortés-Copete 7 Justice, Res Publica and Empire: Subsidiarity and Hierarchy in the Roman Empire 122 Frédéric Hurlet vi contents 8 Substantive Justice in Provincial and Roman Legal Argument 138 Clifford Ando 9 Zwischen Theorie und Wirklichkeit: Römische Sicherheitsgesetze und ihre Realisierung 157 Peter Herz Part 3 Justice for All? 10 Geschlechterrollen im römischen Erbrecht im Spiegel des zeitgenössischen Gerechtigkeitsverständnisses und am Beispiel der lex Voconia 177 Elena Köstner 11 La femme: objet et sujet de la justice romaine 196 Pilar Pavón 12 The Spectacle of Justice in the Roman Empire 212 Margherita Carucci Index Nominum 235 Index Locorum 236 Index of Legal Texts 237 Notes on Contributors Clifford Ando is Professor of Classics, History and Law at the University of Chicago and Research Fellow in the Department of Biblical and Ancient Studies, University of South Africa. Stéphane Benoist University of Lille, is professor of Roman history and chairs the research team HALMA (UMR 8164, CNRS, Univ. Lille, MC). He has published widely on impe- rial power, political discourses and memory, festivals and ceremonies in the city of Rome. Francesco Bono is Postdoctoral Fellow at the Università degli Studi di Pavia and staff member of ERC Research Project REDHIS. His main research interests lie in Roman Law, especially in imperial legislation in Late Antiquity and in Justinian’s age. Margherita Carucci has published a number of articles on visual art, ideology, and gender studies in ancient Roman society, with particular focus on social and cultural history. Juan Manuel Cortés-Copete is Professor of Ancient History at Pablo de Olivide University. He has published on Aelius Aristides and the Second Sophistic. He currently works on Hadrian, his letters and public constitutions. Elsemieke Daalder is an assistant professor of legal history at Leiden University. She success- fully defended her PhD thesis on the administration of justice by the Roman emperor Septimius Severus in 2018 at the same university. Anne Gangloff University of Rennes, is Senior Lecturer of Ancient History, member of the LAHM-CReAAH, UMR 6566, and of the Institut universitaire de France. Her research focuses on imperial hellenism and Roman political thought and com- munication. viii notes on contributors Olivier Hekster Radboud University, is professor of Ancient History and chairs the interna- tional network Impact of Empire. He has published widely on Roman imperial ideology and Roman emperorship. Peter Herz University of Regensburg, is professor emeritus of Ancient History. His main fields of research are social and economic history of the Roman Empire, Latin epigraphy and ruler cult in antiquity. Frédéric Hurlet Paris Nanterre University, is professor of Roman History and member of the Institut Universitaire de France. He has published widely on Augustus and gov- ernment of the Roman Empire. He is leading a research project focused on Augustan aristocracy. Elena Köstner is postdoctoral researcher at the chair of Ancient History at the University of Regensburg. Her main research project deals with interpersonal relationships mentioned in Roman last wills by using Social Network Analysis. Pilar Pavón Universidad de Sevilla, is professor of Ancient History. She has published sev- eral articles on Roman social history and on penal policy of the imperial era. Koenraad Verboven University of Ghent, is professor of Ancient History. He specializes in ancient social and economic history, particularly of the Roman world, and has a spe- cial interest in monetary history and numismatics, friendship and patronage based networks, guilds (collegia), (neo-)institutional analysis and complexity economics. Matthijs Wibier is Lecturer in Ancient History at the University of Kent, Canterbury. His re- search interests lie in the intellectual culture of the Roman Empire, including Late Antiquity. He has published mainly on Roman legal culture and literature. chapter 1 Introduction Koenraad Verboven and Olivier Hekster esse aliquam in terris gentem quae sua impensa, suo labore ac periculo bella gerat pro libertate aliorum, nec hoc finitimis aut propinquae vicini- tatis hominibus aut terris continentibus iunctis praestet, sed maria trai- ciat, ne quod toto orbe terrarum iniustum imperium sit, ubique ius fas lex potentissima sint There is a people on earth that wages wars for the freedom of others, at its own expense, its own toils and risk—and stands firm not just for those at its borders, or peoples in its near vicinity, or those joint by connect- ing lands, but crosses the seas so that there would be no unjust rule in the world and justice, and divine and human law would everywhere pre- vail. Livy, 33,33 ∵ For Romans, justice was the value that most legitimised their right to rule other peoples. Internally, it was a leading political principle that justified the power entrusted to emperors and senatorial, equestrian, and decurional elites. This seems paradoxical in modern eyes. The violence and brutality with which Rome conquered its empire and subdued the nations in it was on a scale rarely witnessed before.1 Its rule relied on structural violence towards slaves, lower class, and conquered people, and on massive inequality between differ- 1 C.B. Champion, ‘Conquest, liberation, protectionism, or enslavement? Mid-Republican Rome from a Greek perspective’,in A. Ñaco del Hoyo and F.L. Sánchez (eds.),War,WarlordsandInter- state Relations in the Ancient Mediterranean (Leiden, Boston 2018), 254–265; A.M. Eckstein, Mediterranean Anarchy, Interstate War, and the Rise of Rome (Berkeley 2009); S.P. Mattern, Rome and the Enemy. Imperial Strategy in the Principate (Berkeley, London 2002); C.A. Bar- ton, ‘The price of peace in ancient Rome’, in K.A. Raaflaub (ed.), War and Peace in the Ancient World (Oxford 2007), 245–255. © koninklijke brill nv, leiden, 2019 | doi:10.1163/9789004400474_002 2 verboven and hekster ent social groups. The empire
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