A Journey in Chains: a Study of the Ancient Roman Slave
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Ius Militare – Military Courts in the Roman Law (I)
International Journal of Sciences: Basic and Applied Research (IJSBAR) ISSN 2307-4531 (Print & Online) http://gssrr.org/index.php?journal=JournalOfBasicAndApplied --------------------------------------------------------------------------------------------------------------------------- Ius Militare – Military Courts in the Roman Law (I) PhD Dimitar Apasieva*, PhD Olga Koshevaliskab a,bGoce Delcev University – Shtip, Shtip 2000, Republic of Macedonia aEmail: [email protected] bEmail: [email protected] Abstract Military courts in ancient Rome belonged to the so-called inconstant coercions (coercitio), they were respectively treated as “special circumstances courts” excluded from the regular Roman judicial system and performed criminal justice implementation, strictly in conditions of war. To repress the war torts, as well as to overcome the soldiers’ resistance, which at moments was violent, the king (rex) himself at first and the highest new established magistrates i.e. consuls (consules) afterwards, have been using various constrained acts. The authority of such enforcement against Roman soldiers sprang from their “military imperium” (imperium militiae). As most important criminal and judicial organs in conditions of war, responsible for maintenance of the military courtesy, were introduced the military commander (dux) and the array and their subsidiary organs were the cavalry commander, military legates, military tribunals, centurions and regents. In this paper, due to limited available space, we will only stick to the main military courts in ancient Rome. Keywords: military camp; tribunal; dux; recruiting; praetor. 1. Introduction “[The Romans...] strictly cared about punishments and awards of those who deserved praise or lecture… The military courtesy was grounded at the fear of laws, and god – for people, weapon, brad and money are the power of war! …It was nothing more than an army, that is well trained during muster; it was no possible for one to be defeated, who knows how to apply it!” [23]. -
INGO GILDENHARD Cicero, Philippic 2, 44–50, 78–92, 100–119 Latin Text, Study Aids with Vocabulary, and Commentary CICERO, PHILIPPIC 2, 44–50, 78–92, 100–119
INGO GILDENHARD Cicero, Philippic 2, 44–50, 78–92, 100–119 Latin text, study aids with vocabulary, and commentary CICERO, PHILIPPIC 2, 44–50, 78–92, 100–119 Cicero, Philippic 2, 44–50, 78–92, 100–119 Latin text, study aids with vocabulary, and commentary Ingo Gildenhard https://www.openbookpublishers.com © 2018 Ingo Gildenhard The text of this work is licensed under a Creative Commons Attribution 4.0 International license (CC BY 4.0). This license allows you to share, copy, distribute and transmit the text; to adapt the text and to make commercial use of the text providing attribution is made to the author(s), but not in any way that suggests that they endorse you or your use of the work. Attribution should include the following information: Ingo Gildenhard, Cicero, Philippic 2, 44–50, 78–92, 100–119. Latin Text, Study Aids with Vocabulary, and Commentary. Cambridge, UK: Open Book Publishers, 2018. https://doi. org/10.11647/OBP.0156 Every effort has been made to identify and contact copyright holders and any omission or error will be corrected if notification is made to the publisher. In order to access detailed and updated information on the license, please visit https:// www.openbookpublishers.com/product/845#copyright Further details about CC BY licenses are available at http://creativecommons.org/licenses/ by/4.0/ All external links were active at the time of publication unless otherwise stated and have been archived via the Internet Archive Wayback Machine at https://archive.org/web Digital material and resources associated with this volume are available at https://www. -
Using Roman Law to Test the Validity of Livy's Caudine Forks Narrative
A Legal Interpretation of Livy's Caudine Sponsio: Using Roman Law to test the validity of Livy's Caudine Forks Narrative Michael Aston Although much has been written about Livy's account of the defeat of a Roman army at the hands of the Samnites at the Caudine Forks in 321 B.C., commentators do not agree as to whether the account describes an historical event. This paper offers a new approach to the problem, by analyzing the legal form and content of the sponsio (agreement) that acts as the backbone of Livy's narrative. The body of the paper analyzes Uvy's sponsio in detail, from a legal perspective. The analysis leads to the conclusion that U\y based his narrative upon the sponsio of Roman civil law. Since it is unlikely that the Romans and Samnites conducted their agreement on the basis of Roman private law, it is concluded that the events at the Caudine Forks are either fictional, or did not happen as LJvy describes them. Livy's account of the stunning Roman defeat at the Caudine Forks in 321 B.C. and the ensuing settlement is exciting and dramatic. But is it more than a well told story? Is it possible to prove or disprove Livy's account? The details of the Roman defeat recounted by Livy are well-known: a Samnite army under Gaius Pontius trapped a Roman army, under the command of consuls Spurius Postumius Albinus and Titus Veturius Calvinus, at the Caudine Forks.1 The Romans and Samnites subsequently reached an agreement (sponsio), whereby the Samnites proposed release of the captured army in exchange for a treaty of peace and Roman withdrawal from Samnite territory. -
Flexsenhar-Mastersreport
Copyright by Michael A. Flexsenhar III 2013 The Report Committee for Michael A. Flexsenhar III Certifies that this is the approved version of the following thesis report: No Longer a Slave: Manumission in the Social World of Paul APPROVED BY SUPERVISING COMMITTEE: Supervisor: L. Michael White Steven J. Friesen No Longer a Slave: Manumission in the Social World of Paul by Michael A. Flexsenhar III, B.A., M.T.S. Report Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Master of Arts The University of Texas at Austin May 2013 Dedication In memoriam Janet Ruth Flexsenhar mea avia piissima Abstract No Longer a Slave: Manumission in the Social World of Paul Michael A. Flexsenhar III, M.A. The University of Texas at Austin, 2013 Supervisor: L. Michael White The Roman Empire was a slave society. New Testament and Early Christian scholars have long recognized that slaves formed a substantial portion of the earliest Christian communities. Yet there has been extensive debate about manumission, the freeing of a slave, both in the wider context of the Roman Empire and more specifically in Paul’s context. 1 Cor. 7:20-23 is a key passage for understanding both slavery and manumission in Pauline communities, as well as Paul’s own thoughts on these two contentious issues. The pivotal verse is 1 Cor. 7:21. The majority opinion is that Paul is suggesting slaves should become free, i.e., manumitted, if they are able. In order to better understand this biblical passage and its social implications, this project explores the various types of manumissions operative the Roman world: the legal processes and results; the factors that galvanized and constrained manumissions; the political and social environment surrounding manumission in Corinth during Paul’s ministry; as well as the results of manumission as it relates to Paul’s communities. -
Flavius Athanasius, Dux Et Augustalis Thebaidis – a Case Study on Landholding and Power in Late Antique Egypt
Imperium and Officium Working Papers (IOWP) Flavius Athanasius, dux et Augustalis Thebaidis – A case study on landholding and power in Late Antique Egypt Version 01 March 2013 Anna Maria Kaiser (University of Vienna, Department of Ancient History, Papyrology and Epigraphy) Abstract: From 565 to 567/568 CE Flavius Triadius Marianus Michaelius Gabrielius Constantinus Theodorus Martyrius Iulianus Athanasius was dux et Augustalis Thebaidis. Papyri mention him explicitly in this function, as the highest civil and military authority in the Thebaid, the southernmost province of the Eastern Roman Empire. Flavius Athanasius might be not the most typical dux et Augustalis Thebaidis concerning his career, but most typical concerning his powerful standing in society. And he has the benefit of being one of the better- known duces et Augustales Thebaidis in the second half of the 6th century. This article will focus first on his official competence as dux et Augustalis: The geographic area(s) of responsibility, the civil and military branches of power will be treated. Second will be his civil branch of power; documents show his own domus gloriosa and prove his involvement with the domus divina, the estates of members of the imperial family itself. We will end with a look at his integration in the network of power – both in the Egyptian provinces and beyond. © Anna Maria Kaiser 2013 [email protected] Anna Kaiser 1 Flavius Athanasius, dux et Augustalis Thebaidis – A case study on landholding and power in Late Antique Egypt* Anna Maria Kaiser From 565 to 567/568 CE Flavius Triadius Marianus Michaelius Gabrielius Constantinus Theodorus Martyrius Iulianus Athanasius was dux et Augustalis Thebaidis. -
Liberation and Liberality in Roman Funerary Commemoration
This is a repository copy of "The mourning was very good". Liberation and liberality in Roman funerary commemoration. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/138677/ Version: Published Version Book Section: Carroll, P.M. (2011) "The mourning was very good". Liberation and liberality in Roman funerary commemoration. In: Hope, V.M. and Huskinson, J., (eds.) Memory and Mourning: Studies on Roman Death. Oxbow Books Limited , pp. 125-148. ISBN 9781842179901 © 2011 Oxbow Books. Reproduced in accordance with the publisher's self-archiving policy. Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ 8 ‘h e mourning was very good’. Liberation and Liberality in Roman Funerary Commemoration Maureen Carroll h e death of a slave-owner was an event which could bring about the most important change in status in the life of a slave. If the last will and testament of the master contained the names of any fortunate slaves to be released from servitude, these individuals went from being objects to subjects of rights. -
The Praetor As a Promoter of Bonum Commune
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Jagiellonian Univeristy Repository The praetor as a promoter of bonum commune Franciszek Longchamps de Bérier Abstract. – The common good is the reason why political authority exists, the reason why the state exists. This is clearly visible today, and it was also clearly visible to the Romans. The praetor’s work represented par excellance the actualization of the common good under specific conditions and for particular persons. The praetor was endowed with powers which ensured autonomy of action in Rome, limited only by the one-year-long term of office, or an objection by members of the magistracy. He was to act for the benefit of his fellow citizens as a group, and enhance their relationship with the civitas as well as among the citizens themselves. It was only in the latter sphere that he began to play an important role in the protection of private rights. The urban praetor combined all three spheres, which led to the emergence of ways for resolving and settling conflicts, thus improving conditions for the development of individuals within the State, understood as a community of citizens. The claim that the praetor promoted the common good that way – being both predestined and empowered to do so – results from an attempt at identifying the values behind legal solutions. It is not enough to establish what functions were performed by the magistrate and what tools he had at his disposal. It appears 217 that the quintessence of the mission the praetor was entrusted with was promotion of the common good – the way, naturally, it was understood by him and his fellow citizens understood it. -
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Haec Templa: Religion in Cicero’s Orations A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY NICHOLAS ROBERT WAGNER IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Spencer Cole April 2019 © NICHOLAS WAGNER 2019 Acknowledgements I would first like to thank my advisor, Spencer Cole, who provided helpful feedback and recommendations throughout the entire process of this dissertation and deserves singular acknowledgement. The project originated with a 2013 course on Roman religion. That, along with numerous meetings and emails, has been fundamental to my approach to the subject. I would also like to thank my other committee members, Christopher Nappa, Andrew Gallia, and Richard Graff, all of whom provided immensely useful feedback at various stages, both in the scope of the project and future directions to train my attention. Next, thanks are due to the faculty and the graduate students in the Department of Classical and Near Eastern Studies at the University of Minnesota. Their support over the years has been invaluable, both academically and socially. Special thanks are due to current student Joshua Reno and former student Rachael Cullick. Lunches with them, where they patiently heard my ideas in its earliest stages, will be ever-cherished. Finally, I would like to thank my parents and siblings for their endless support over the years. Sometimes a nice meal or a break at the movies is exactly what was needed. i Dedication This dissertation is dedicated to my parents and their parents. ii Table of Contents Introduction ....................................................................................................................... 1 Cicero and Lived Religion ........................................................................................................ -
The Extension of Imperial Authority Under Diocletian and the Tetrarchy, 285-305Ce
University of Central Florida STARS Electronic Theses and Dissertations, 2004-2019 2012 The Extension Of Imperial Authority Under Diocletian And The Tetrarchy, 285-305ce Joshua Petitt University of Central Florida Part of the History Commons Find similar works at: https://stars.library.ucf.edu/etd University of Central Florida Libraries http://library.ucf.edu This Masters Thesis (Open Access) is brought to you for free and open access by STARS. It has been accepted for inclusion in Electronic Theses and Dissertations, 2004-2019 by an authorized administrator of STARS. For more information, please contact [email protected]. STARS Citation Petitt, Joshua, "The Extension Of Imperial Authority Under Diocletian And The Tetrarchy, 285-305ce" (2012). Electronic Theses and Dissertations, 2004-2019. 2412. https://stars.library.ucf.edu/etd/2412 THE EXTENSION OF IMPERIAL AUTHORITY UNDER DIOCLETIAN AND THE TETRARCHY, 285-305CE. by JOSHUA EDWARD PETITT B.A. History, University of Central Florida 2009 A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in the Department of History in the College of Arts and Humanities at the University of Central Florida Orlando, Florida Fall Term 2012 © 2012 Joshua Petitt ii ABSTRACT Despite a vast amount of research on Late Antiquity, little attention has been paid to certain figures that prove to be influential during this time. The focus of historians on Constantine I, the first Roman Emperor to allegedly convert to Christianity, has often come at the cost of ignoring Constantine's predecessor, Diocletian, sometimes known as the "Second Father of the Roman Empire". The success of Constantine's empire has often been attributed to the work and reforms of Diocletian, but there have been very few studies of the man beyond simple biography. -
Aristocratic Identities in the Roman Senate from the Social War to the Flavian Dynasty
Aristocratic Identities in the Roman Senate From the Social War to the Flavian Dynasty By Jessica J. Stephens A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Greek and Roman History) in the University of Michigan 2016 Doctoral Committee: Professor David Potter, chair Professor Bruce W. Frier Professor Richard Janko Professor Nicola Terrenato [Type text] [Type text] © Jessica J. Stephens 2016 Dedication To those of us who do not hesitate to take the long and winding road, who are stars in someone else’s sky, and who walk the hillside in the sweet summer sun. ii [Type text] [Type text] Acknowledgements I owe my deep gratitude to many people whose intellectual, emotional, and financial support made my journey possible. Without Dr. T., Eric, Jay, and Maryanne, my academic career would have never begun and I will forever be grateful for the opportunities they gave me. At Michigan, guidance in negotiating the administrative side of the PhD given by Kathleen and Michelle has been invaluable, and I have treasured the conversations I have had with them and Terre, Diana, and Molly about gardening and travelling. The network of gardeners at Project Grow has provided me with hundreds of hours of joy and a respite from the stress of the academy. I owe many thanks to my fellow graduate students, not only for attending the brown bags and Three Field Talks I gave that helped shape this project, but also for their astute feedback, wonderful camaraderie, and constant support over our many years together. Due particular recognition for reading chapters, lengthy discussions, office friendships, and hours of good company are the following: Michael McOsker, Karen Acton, Beth Platte, Trevor Kilgore, Patrick Parker, Anna Whittington, Gene Cassedy, Ryan Hughes, Ananda Burra, Tim Hart, Matt Naglak, Garrett Ryan, and Ellen Cole Lee. -
Anglo-Saxon Constitutional History
Outline 9/15/2020 ROMAN LAW PROCEDURE OUTLINE (cont’d); SOURCES OF LAW OUTLINE I. Procedure: The Formula as a Device for Expanding the Law 1. The basic idea of a formula, using the formula for the actio certae creditae pecuniae, the action for a money debt of a fixed amount: “Let Octavius be judge (Octavius iudex esto).” This clause is called the ‘nomination’ (nominatio). “If it appears that N.N. [the Roman equivalent of our ‘D(efendant)’] ought to give 10,000 sesterces [a Roman coin and unit of account, close to $10,000 worth of silver in modern values] to A.A. [the Roman equivalent of our ‘P(laintiff)’] (Si paret Numerium Negidium [NmNm] Aulo Agerio [A°A°] HS X milia dare opportere).” This clause is called the ‘claim’ (intentio). “Let the judge condemn N.N. [to pay] A.A. 10,000 sesterces; if it does not appear let him absolve (Iudex NmNm A°A° HS X milia condemnato; si non paret absolvito).” This clause is called the ‘condemnation’ (condemnatio). The possible formulae were not without limit. They had to be contained in the edict of the praetor, which he announced when he took office. Each praetor’s edict tended to follow that of previous praetors, and the edict developed over time. Its contents were finally fixed in the reign of Hadrian, probably in 131 AD, when it became known as the ‘perpetual edict’. 2. The formula as a mechanism for legal development. Expanding by pleading, once more the actio certae creditae pecuniae: “Let Octavius be judge (Octavius iudex esto) [Nomination (nominatio)]. -
Praetorian Law: a Contribution to the Beginnings of Legal Sociology1
212–223 PRAETORIAN LAW: A CONTRIBUTION TO THE BEGINNINGS OF LEGAL SOCIOLOGY1 Tomáš Havel* Abstract: This article describes parallels between Roman procedural law and trends incorporating sociology in legal science. The author is persuaded that legal theoreticians at the end of the nineteenth century must have been inspired by Roman law, and in particular by praetorian law. The leader of these lawyers was a Ro- manist Eugen Ehrlich, so-called “the founder of legal sociology”. The author gives detailed attention to the dichotomy between the free and bounded approach in the application of law, specifically with regard to the filling-in of gaps in the law. In the conclusion the author proposes that we be inspired by Ehrlich’s theory, es- pecially by the fight against contra-factual norms of state law, which are of course in conflict with social law. Keywords: Roman law, praetorian law, Roman praetor, Eugen Ehrlich, legal sociology I. INTRODUCTION The field of Roman procedural law, even though in the period of ancient Rome we are unable to speak in the true sense of the word about a distinction between substantive and procedural law, and the question of the origin of various sociological trends in jurisprudence present prob- lems that, through a superficial lens, are rather unrelated to each other – but appearances can sometimes be misleading. With respect to the personalities who stood at the imaginary end of the rule of analytic jurisprudence in the nineteenth century, it is possible to conclude that in- spiration from several elements of the legal system of the Roman Republic was one of the key factors which began to direct jurisprudence towards emphasizing the social function of law and towards the birth, for instance, of jurisprudence of interests or of the school of free law.