The Visigothic Code
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Valerius Maximus on Vice: a Commentary of Facta Et Dicta
Valerius Maximus on Vice: A Commentary on Facta et Dicta Memorabilia 9.1-11 Jeffrey Murray University of Cape Town Thesis Presented for the Degree of Doctor of Philosophy (Classical Studies) in the School of Languages and Literatures University of Cape Town June 2016 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town Abstract The Facta et Dicta Memorabilia of Valerius Maximus, written during the formative stages of the Roman imperial system, survives as a near unique instance of an entire work composed in the genre of Latin exemplary literature. By providing the first detailed historical and historiographical commentary on Book 9 of this prose text – a section of the work dealing principally with vice and immorality – this thesis examines how an author employs material predominantly from the earlier, Republican, period in order to validate the value system which the Romans believed was the basis of their world domination and to justify the reign of the Julio-Claudian family. By detailed analysis of the sources of Valerius’ material, of the way he transforms it within his chosen genre, and of how he frames his exempla, this thesis illuminates the contribution of an often overlooked author to the historiography of the Roman Empire. -
Roman-Barbarian Marriages in the Late Empire R.C
ROMAN-BARBARIAN MARRIAGES IN THE LATE EMPIRE R.C. Blockley In 1964 Rosario Soraci published a study of conubia between Romans and Germans from the fourth to the sixth century A.D.1 Although the title of the work might suggest that its concern was to be with such marriages through- out the period, in fact its aim was much more restricted. Beginning with a law issued by Valentinian I in 370 or 373 to the magister equitum Theodosius (C.Th. 3.14.1), which banned on pain of death all marriages between Roman pro- vincials and barbarae or gentiles, Soraci, after assessing the context and intent of the law, proceeded to discuss its influence upon the practices of the Germanic kingdoms which succeeded the Roman Empire in the West. The text of the law reads: Nulli provineialium, cuiuscumque ordinis aut loci fuerit, cum bar- bara sit uxore coniugium, nec ulli gentilium provinciales femina copuletur. Quod si quae inter provinciales atque gentiles adfinitates ex huiusmodi nuptiis extiterit, quod in his suspectum vel noxium detegitur, capitaliter expietur. This was regarded by Soraci not as a general banning law but rather as a lim- ited attempt, in the context of current hostilities with the Alamanni, to keep those barbarians serving the Empire (gentiles)isolated from the general Roman 2 populace. The German lawmakers, however, exemplified by Alaric in his 63 64 interpretatio,3 took it as a general banning law and applied it in this spir- it, so that it became the basis for the prohibition under the Germanic king- doms of intermarriage between Romans and Germans. -
Liberty of Contract
YALE LAW JOURNAL LIBERTY OF CONTRACT "The right of a person to sell his labor," says Mr. Justice Harlan, "upon such terms as he deems proper, is in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it. So the right of the employee to quit the service of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the ser- vices of such employee ........ In all such particulars the employer and the employee have equality of right, and any legis- lation that disturbs that equality is an arbitrary interference with the liberty of contract, which no government can legally justify in a free land." ' With this positive declaration of a lawyer, the culmination of a line of decisions now nearly twenty- five years old, a statement which a recent writer on the science of jurisprudence has deemed so fundamental as to deserve quotation and exposition at an unusual length, as compared with his treat- ment of other points, 2 let us compare the equally positive state- ment of a sociologist: "Much of the discussion about 'equal rights' is utterly hollow. All the ado made over the system of contract is surcharged with fallacy." ' To everyone acquainted at first hand with actual industrial conditions the latter statement goes without saying. Why, then do courts persist in the fallacy? Why do so many of them force upon legislation an academic theory of equality in the face of practical conditions of inequality? Why do we find a great and learned court in 19o8 taking the long step into the past of deal- ing with the relation between employer and employee in railway transportation, as if the parties were individuals-as if they were farmers haggling over the sale of a horse ? 4 Why is the legal conception of the relation of employer and employee so at variance with the common knowledge of mankind? The late Presi- ' Adair v. -
CONTINUITY and CHANGE in the EIGHTH CENTURY Conciliar
CHAPTER 6 CONTINUITY AND CHANGE IN THE EIGHTH CENTURY Conciliar Continuity: Alaric to Clovis In September 506, thirty-four Gallo-Roman clerics met in the city of Agde “with the permission of our most glorious, magnifi cent, and pious lord king.”1 Th e honored rex was Alaric II, an Arian Christian, who hoped that by authorizing a council of Catholic prelates, he would be able to rely on their loyalty in the ongoing fi ght for political domina- tion in Gaul.2 Alaric’s dream of a Visigothic-dominated Gaul would be crushed only a year later, when he was defeated and killed by Clovis at the Battle of Vouillé.3 But in 506, the king was still vigorously attempt- ing to hold together a unifi ed Visigothic realm. Th e same year that he convoked the Council of Agde, he also issued the Lex Romana Visig- othorum (or Breviarium), a compilation of Roman law whose infl uence would far outlive Alaric himself.4 Following Clovis’ victory, and the establishment of Merovingian dominance in Gaul, the Lex Romana Visigothorum continued to be copied and consulted frequently, even though manuscripts of the Codex Th eodosianus were still in circula- tion.5 For Alaric, however, the codifi cation project had a more imme- diate aim: uniting the Roman subjects of his kingdom under a single code of laws issued in his own name. Alaric’s unifi cation eff orts were 1 Agde (506), Preface. 2 Mathisen, “Th e Second Council of Arles,” 543, has suggested that Arles II (442/506) was convoked for the same reasons already postulated for the Council of Agde (506). -
Highlander: the Card Game
Highlander: the Card Game Advanced Deck Construction Guide Does the card have a use? The first question is easy. If a card has a desired effect, then it is useful. Depending on what kind of deck I’m making, though, various cards that have no use in one deck become immensely useful in another: Holy Ground: Avoid Attacks is one of those cards that is very useful, but even more useful with Nefertiri, for example. Plot cards, which I find useless in most decks, are perfect for Xavier. The temptation sometimes is to toss in a card that doesn’t really enhance the deck, but does something interesting. I mean, I could put a Darius/Shooting Blade into all my decks, but it clashes with a lot of my deck themes: Amanda wouldn’t use one, though Luther might. So, a lot of the thought I put into certain cards stems from the type of deck I want to play. I don’t care if the deck wins, as long as it does what I want it to do. Is there a better card that does the same thing? Generally, I like to be able to play the cards I have in my hand whenever I want. Many of the Event cards, though, need targets (for example, the Police: Counter Event and Remove Situation cards) before you can play them. The Xavier cards are a lot better, when you are playing him: his Plan Ahead and Forethought cards are both Situations, and can be out of your hand immediately, just waiting to be used. -
Achila, Visigothic King, 34 Acisclus, Córdoban Martyr, 158 Adams
Index ; Achila, Visigothic king, 34 Almodóvar del Río, Spain, 123–24 Acisclus, Córdoban martyr, 158 Almonacid de la Cuba, Spain, 150. See Adams, Robert, 21 also Dams Aemilian, St., 160 Alonso de la Sierra, Juan, 97 Aerial photography, 40, 82 Amalaric, Visigothic king, 29–30, 132, Aetius, Roman general, 173–75 157 Africa, 4, 21–23; and amphorae, 116, Amber, 114 137, 187, 196; and ARS, 46, 56, 90, Ammianus Marcellinus, Roman histo- 99, 187; and Byzantine reconquest, rian, 166, 168 30; and ‹shing, 103; and olive oil, Amphorae, 43, 80, 199–200; exported 88, 188; and Roman army, 114, 127, from Spain, 44, 97–98, 113, 115–16, 166; and trade, 105, 141; and Van- 172; kilns, 61–62, 87–90, 184; from dals, 27–28, 97, 127, 174 North Africa, 129, 187. See also African Red Slip (ARS) pottery, 101, Kilns 147, 186–87, 191, 197; de‹nition, 41, Anderson, Perry, 5 43, 44, 46; and site survival, 90, Andujar, Spain, 38, 47, 63 92–95, 98–99; and trade, 105–6, 110, Annales, 8, 12, 39 114, 116, 129, 183 Annona: disruption by Vandals, 97, Agde, council of, 29, 36, 41 174; to Roman army, 44, 81, 114–17; Agglomeration, 40–42, 59, 92 to Rome, 23, 27, 44, 81, 113; under Agila, Visigothic king, 158–59. See Ostrogoths, 29, 133. See also Army also Athanagild Antioch, Syria, 126 Agrippa, Roman general, 118 Anti-Semitism, 12, 33. See also Jews Alans, 24, 26, 27, 34, 126, 175 Antonine Itinerary, 152 Alaric, Visigothic king, 2, 5, 26–27 Apuleius, Roman writer, 75–76, 122 Alaric II, Visigothic king, 29–30 Aqueducts, 119, 130, 134, 174–75 Alcalá del Río, Spain, 40, 44, 93, 123, Aquitaine, France, 2, 27, 45, 102 148 Arabs, 33–34, 132–33, 137. -
California's Legal Heritage
California’s Legal Heritage n the eve of California’s statehood, numerous Spanish Civil Law Tradition Odebates raged among the drafters of its consti- tution. One argument centered upon the proposed o understand the historic roots of the legal tradi- retention of civil law principles inherited from Spain Ttion that California brought with it to statehood and Mexico, which offered community property rights in 1850, we must go back to Visigothic Spain. The not conferred by the common law. Delegates for and Visigoths famously sacked Rome in 410 CE after years against the incorporation of civil law elements into of war, but then became allies of the Romans against California’s common law future used dramatic, fiery the Vandal and Suevian tribes. They were rewarded language to make their cases, with parties on both with the right to establish their kingdom in Roman sides taking opportunities to deride the “barbarous territories of Southern France (Gallia) and Spain (His- principles of the early ages.” Though invoked for dra- pania). By the late fifth century, the Visigoths achieved ma, such statements were surprisingly accurate. The complete independence from Rome, and King Euric civil law tradition in question was one that in fact de- established a code of law for the Visigothic nation. rived from the time when the Visigoths, one of the This was the first codification of Germanic customary so-called “barbarian” tribes, invaded and won Spanish law, but it also incorporated principles of Roman law. territory from a waning Roman Empire. This feat set Euric’s son and successor, Alaric, ordered a separate in motion a trajectory that would take the Spanish law code of law known as the Lex Romana Visigothorum from Europe to all parts of Spanish America, eventu- for the Hispanic Romans living under Visigothic rule. -
ROMAN ARCHITEXTURE: the IDEA of the MONUMENT in the ROMAN IMAGINATION of the AUGUSTAN AGE by Nicholas James Geller a Dissertatio
ROMAN ARCHITEXTURE: THE IDEA OF THE MONUMENT IN THE ROMAN IMAGINATION OF THE AUGUSTAN AGE by Nicholas James Geller A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Classical Studies) in the University of Michigan 2015 Doctoral Committee: Associate Professor Basil J. Dufallo, Chair Associate Professor Ruth Rothaus Caston Professor Bruce W. Frier Associate Professor Achim Timmermann ACKNOWLEDGEMENTS This dissertation would not have been possible without the support and encouragement of many people both within and outside of academia. I would first of all like to thank all those on my committee for reading drafts of my work and providing constructive feedback, especially Basil Dufallo and Ruth R. Caston, both of who read my chapters at early stages and pushed me to find what I wanted to say – and say it well. I also cannot thank enough all the graduate students in the Department of Classical Studies at the University of Michigan for their support and friendship over the years, without either of which I would have never made it this far. Marin Turk in Slavic Languages and Literature deserves my gratitude, as well, for reading over drafts of my chapters and providing insightful commentary from a non-classicist perspective. And I of course must thank the Department of Classical Studies and Rackham Graduate School for all the financial support that I have received over the years which gave me time and the peace of mind to develop my ideas and write the dissertation that follows. ii TABLE OF CONTENTS ACKNOWLEDGEMENTS………………………………………………………………………ii LIST OF ABBREVIATIONS……………………………………………………………………iv ABSTRACT……………………………………………………………………………………....v CHAPTER I. -
The Self-Coronations of Iberian Kings: a Crooked Line
THE SELF-Coronations OF IBERIAN KINGS: A CROOKED LINE JAUME AURELL UNIVERSIDAD DE NAVARRA SpaIN Date of receipt: 10th of March, 2012 Final date of acceptance: 4th of March, 2014 ABSTRACT This article focuses on the practice of self-coronation among medieval Iberian Castilian kings and its religious, political, and ideological implications. The article takes Alfonso XI of Castile self-coronation (1332) as a central event, and establishes a conceptual genealogy, significance, and relevance of this self-coronation, taking Visigothic, Asturian, Leonese, and Castilian chronicles as a main source, and applying political theology as a methodology. The gesture of self-coronation has an evident transgressive connotation which deserves particular attention, and could throw some light upon the traditional debate on the supposed “un-sacred” kingship of Castilian kings1. KEY WORDS Coronation, Unction, Castile, Monarchy, Political Theology. CAPITALIA VERBA Coronatio, Unctio, Castella, Monarchia, Theologia politica. IMAGO TEMPORIS. MEDIUM AEVUM, VIII (2014) 151-175. ISSN 1888-3931 151 152 JAUME AURELL 1Historians have always been fascinated by the quest for origins. Alfonso XI of Castile and Peter IV of Aragon’s peculiar and transgressive gestures of self-coronation in the fourteenth century are very familiar to us, narrated in detail as they are in their respective chronicles2. Yet, their ritual transgression makes us wonder why they acted in this way, whether there were any precedents for this particular gesture, and to what extent they were aware of the different rates at which the anointing and coronation ceremonies were introduced into their own kingdoms, in their search for justification of the self-coronation3. -
Perjury and False Witness in Late Antiquity and the Early Middle Ages
Perjury and False Witness in Late Antiquity and the Early Middle Ages by Nicholas Brett Sivulka Wheeler A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Centre for Medieval Studies University of Toronto © Copyright by Nicholas Brett Sivulka Wheeler 2018 Perjury and False Witness in Late Antiquity and the Early Middle Ages Nicholas Brett Sivulka Wheeler Doctor of Philosophy Centre for Medieval Studies University of Toronto 2018 Abstract This dissertation, ‘Perjury and False Witness in Late Antiquity and the Early Middle Ages’, investigates changing perceptions of perjury and false witness in the late antique and early medieval world. Focusing on primary sources from the Latin-speaking, western Roman empire and former empire, approximately between the late third and seventh centuries CE, this thesis proposes that perjury and false witness were transformed into criminal behaviours, grave sins, and canonical offences in Latin legal and religious writings of the period. Chapter 1, ‘Introduction: The Problem of Perjury’s Criminalization’, calls attention to anomalies in the history and historiography of the oath. Although the oath has been well studied, oath violations have not; moreover, important sources for medieval culture – Roman law and the Christian New Testament – were largely silent on the subject of perjury. For classicists in particular, perjury was not a crime, while oath violations remained largely peripheral to early Christian ethical discussions. Chapter 2, ‘Criminalization: Perjury and False Witness in Late Roman Law’, begins to explain how this situation changed by documenting early possible instances of penalization for perjury. Diverse sources such as Christian martyr acts, provincial law manuals, and select imperial ii and post-imperial legislation suggest that numerous cases of perjury were criminalized in practice. -
Virgil, Aeneid 11 (Pallas & Camilla) 1–224, 498–521, 532–96, 648–89, 725–835 G
Virgil, Aeneid 11 (Pallas & Camilla) 1–224, 498–521, 532–96, 648–89, 725–835 G Latin text, study aids with vocabulary, and commentary ILDENHARD INGO GILDENHARD AND JOHN HENDERSON A dead boy (Pallas) and the death of a girl (Camilla) loom over the opening and the closing part of the eleventh book of the Aeneid. Following the savage slaughter in Aeneid 10, the AND book opens in a mournful mood as the warring parti es revisit yesterday’s killing fi elds to att end to their dead. One casualty in parti cular commands att enti on: Aeneas’ protégé H Pallas, killed and despoiled by Turnus in the previous book. His death plunges his father ENDERSON Evander and his surrogate father Aeneas into heart-rending despair – and helps set up the foundati onal act of sacrifi cial brutality that caps the poem, when Aeneas seeks to avenge Pallas by slaying Turnus in wrathful fury. Turnus’ departure from the living is prefi gured by that of his ally Camilla, a maiden schooled in the marti al arts, who sets the mold for warrior princesses such as Xena and Wonder Woman. In the fi nal third of Aeneid 11, she wreaks havoc not just on the batt lefi eld but on gender stereotypes and the conventi ons of the epic genre, before she too succumbs to a premature death. In the porti ons of the book selected for discussion here, Virgil off ers some of his most emoti ve (and disturbing) meditati ons on the tragic nature of human existence – but also knows how to lighten the mood with a bit of drag. -
The Edictum Theoderici: a Study of a Roman Legal Document from Ostrogothic Italy
The Edictum Theoderici: A Study of a Roman Legal Document from Ostrogothic Italy By Sean D.W. Lafferty A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of History University of Toronto © Copyright by Sean D.W. Lafferty 2010 The Edictum Theoderici: A Study of a Roman Legal Document from Ostrogothic Italy Sean D.W. Lafferty Doctor of Philosophy Department of History University of Toronto 2010 Abstract This is a study of a Roman legal document of unknown date and debated origin conventionally known as the Edictum Theoderici (ET). Comprised of 154 edicta, or provisions, in addition to a prologue and epilogue, the ET is a significant but largely overlooked document for understanding the institutions of Roman law, legal administration and society in the West from the fourth to early sixth century. The purpose is to situate the text within its proper historical and legal context, to understand better the processes involved in the creation of new law in the post-Roman world, as well as to appreciate how the various social, political and cultural changes associated with the end of the classical world and the beginning of the Middle Ages manifested themselves in the domain of Roman law. It is argued here that the ET was produced by a group of unknown Roman jurisprudents working under the instructions of the Ostrogothic king Theoderic the Great (493-526), and was intended as a guide for settling disputes between the Roman and Ostrogothic inhabitants of Italy. A study of its contents in relation to earlier Roman law and legal custom preserved in imperial decrees and juristic commentaries offers a revealing glimpse into how, and to what extent, Roman law survived and evolved in Italy following the decline and eventual collapse of imperial authority in the region.