DOCSLIB.ORG

Why Penalties Become Harsher: the Roman Case, Late Republic to Fourth Centruy Empire;Note Peter Garnsey

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Why Penalties Become Harsher: the Roman Case, Late Republic to Fourth Centruy Empire;Note Peter Garnsey Notre Dame Law School NDLScholarship Natural Law Forum 1-1-1968 Why Penalties Become Harsher: The Roman Case, Late Republic to Fourth Centruy Empire;Note Peter Garnsey Follow this and additional works at: http://scholarship.law.nd.edu/nd_naturallaw_forum Part of the Law Commons Recommended Citation Garnsey, Peter, "Why Penalties Become Harsher: The Roman Case, Late Republic to Fourth Centruy Empire;Note" (1968). Natural Law Forum. Paper 143. http://scholarship.law.nd.edu/nd_naturallaw_forum/143 This Note is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Natural Law Forum by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. WHY PENALTIES BECOME HARSHER: THE ROMAN CASE, LATE REPUBLIC TO FOURTH CENTURY EMPIRE Social or legal thinkers who have sought to explain historical changes in patterns of punishment have commonly illustrated their theories with reference to Rome. The case of Rome, where, according to the accepted view, a lenient penal system in the late Republic gave way to a progressively harsher system under the Empire, has been cited in particular as evidence that political causes underlie fluctuations in penalties. It has been suggested that the upward trend in penalties in Rome can be explained in terms of the substitution of monarchy for aristocracy, and the increasingly absolutist tendencies of the monarchy. In the following pages, this and other theories of penal change are considered, in the light of developments in Rome over a period of about five hundred years, roughly from the middle of the second century B.c. to the close of the fourth century A.D. The theory that changes in penal law are closely related to political develop- ments was first put forward by Montesquieu.1 He regarded the view as vindi- cated by the example of Rome: ". I believe that punishments are connected with the nature of governments when I see this great people changing their civil laws in this respect [that is, in respect of punishments] in accordance with altera- tions in their form of government."' 2 Montesquieu found that penalties were harsh in Rome when the government was tyrannical in nature; for example, under the early kings, at the time when the Twelve Tables were in operation in the early Republic, and in certain periods under the Empire when individual Emperors reigned more -like military despots than constitutional monarchs. Under monarchies, the risk of arbitrariness was reduced and concessions were made to rank. Thus, he argued, the rule of the more moderate Emperors was marked by differential treatment of higher and lower orders - the former were punished leniently, the latter severely. Only under the Republic (after the penal sanctions of the Twelve Tables had been set aside) were arbitrariness and in- equality absent and leniency practiced towards all citizens in the administration of the law.3 Montesquieu did not discuss in detail the reasons for the characteristic harsh- ness of the penal codes of despotic regimes, stating only that severe penalties were inevitable when despots ruled by inspiring terror in their subjects. Black- 1 MONTESQUIEU, DE L'ESPRIT DES LOtS bk. VI passim (1748). At any rate, Montesquieu claimed originality, in a gloss to the beginning of ch. 15: "J'ay du plaisir quand je trouve l'occasion de faire voir le rapport que lesloix civiles ont avec les loix politiques, chose que je ne snache pas que personne ait fait avant moy." 2 "Je me trouve fort dans mes maximes, lorsque j'ai pour moi les Romains; et je croix que les peines tiennent A la nature du gouvernement, lorsque je vois ce grand peuple changer A cet igard de loix civiles, IN mesure qu'il changeoit de loix politiques." Id. at VI, 15. s The above section is a summary of chaps. 9 ("De la s~vrit des peines dans les divers gouvernemens") and 15 ("Des lois des Romains A l'6gard des peines"). NATURAL LAW FORUM stone gave a more precise explanation of the same phenomenon when he wrote, in the Commentaries: We may further observe that sanguinary laws are a bad symptom of the distemper of any state, or at least of its weak constitution. The laws of the Roman kings, and the twelve tables of the decemviri, were full of cruel pun- ishments: the Porcian law, which exempted all citizens from sentence of death, silently abrogated them all. In this period the republic flourished: under the emperors severe punishments were revived; and then the empire fell.4 Blackstone seems to be asserting that the severity of the penal code of a state is an index of the weakness or insecurity of the government of that state. His choice of examples (the kings, the decemvirs, the emperors) suggests that he thought absolute governments were necessarily or at least typically "of weak constitution." 5 The political explanation of penal change recurs in Durkheim's Deux lois de l'lvolution pinale, as part of a general theory of historical changes in penology. His "Law of Quantitative Variation" states that the penal systems of societies become milder, on the one hand as societies become more "ad- vanced" in structure and organization, and on the other hand as their govern- ments move away from absolutism. 6 Durkheim, in his analysis of the political factor, emphasizes that a penal system will reflect the quality of the relationship between ruler and ruled. The relationship between an absolute sovereign and his subjects is not reciprocal but unilateral. As a Roman father by the civil law "possessed" his son, almost as he might possess a piece of property, so the absolute sovereign, according to Durkheim, has complete control over his subjects; he is not obliged to keep one side of a contract, nor is he bound by any regulation to protect the rights of the individual. Moreover, the absolute ruler is so far raised above the common run of men that he is likely to acquire a semidivine status. Since the ruler is the source of all law, not only crimes which threaten his life and dignity, but all or most infringements of the law are likely to be punished harshly, as akin to sacrilege.7 Durkheim was aware that the two factors (one sociological, the other politi- cal), which in his mind determined the quality of a society's penal code, are 4 WILLIAM BLACKSTONE, 4 COMMENTARIES 17 (3rd ed., 1768-9). See J. HEATH, EIGHTEENTH CENTURY PENAL THEORY 190 (Oxford, 1963). 5 This idea is not totally absent from DEL L'ESPRIT DES LOIS (see, e.g., V, 14), but is given little emphasis there. 6 DURKHE M, 4 L'ANNEE SOCIOLOGIQUE 65-95 (1899-1900), discussed, to my knowledge, only by E. A. Tiryakian, Durkheim's "Two Laws of Penal Evolution," 3 JOURNAL FOR THE SCIENTIFIC STUDY OF RELIGION 261-6 (1963-4). The Law runs: "L'intensit6 de la peine est d'autant plus grande que les socits appartiennent A un type moins .lev6 - et que le pouvoir central a un caract~re plus absolu." 7 DURKHEIM, Op. cit. supra note 6 at 66-8, 93-4. On the father-child relationship, Durk- heim might have quoted CICERO, PRO PLANCIO 12. 29: "parente . quem ueretur ut deum, neque enim multo secus est parens liberis." PETER GARNSEY quite independent. 8 Absolute power may be associated with single or complex kinds of society (societies which are less "advanced" or more "advanced"), and, in a single state, a drift towards or away from absolute rule is not neces- sarily accompanied by organizational or structural changes of a social kind. He saw Rome as a case in point. The basic cause of the relative harshness of Imperial penal law as compared with Republican penal law was, in his eyes, the tendency towards absolutism of the government under the Empire.9 It is curious that, although the factor of central importance for Durkheim was the degree of complexity of a society, most of the material he assembled in the course of his sweeping survey of history from ancient Egypt to nineteenth- century Europe relates only to the political explanation. He does not seem to have recognized that this casts doubt on the relevance of the social factor, the degree of advancement of a society, as a determinant. The political explanation for penal changes, as outlined by the theorists so far considered, is too general to be very informative, but it at least provides a starting point for a more detailed discussion of the issues involved. Its usefulness will depend on the extent to which it can be related to specific developments in the Roman penal system, which I now propose to analyze. The accepted view is that the penal system of the middle and late Republic was relatively mild. The system as we know it was milder in practice than it was in theory. In theory, death was the penalty for a number of crimes, among them, apparently, treason, incest, homicide (including parricide and murder by poison, which in Rome was commonly connected with sorcery), judicial corrup- tion, the forgery of documents or coins, and public violence. However, officials having responsibility for law enforcement did not as a rule see to it that the death sentence was executed. A defendant on a capital charge was allowed the opportunity of leaving Rome and Italy before he was actually found guilty by the court. This "self-imposed" banishment became permanent when a bill of out- lawry, or "interdiction from fire and water," was passed, stating in effect that any "exile" who returned to Roman soil might be put to death with impunity by anyone.
Load more

Recommended publications
  • Outlaw: Wilderness and Exile in Old and Middle
    THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Sarah Michelle Haughey August 2011 © 2011 Sarah Michelle Haughey THE ‘BESTLI’ OUTLAW: WILDERNESS AND EXILE IN OLD AND MIDDLE ENGLISH LITERATURE Sarah Michelle Haughey, Ph. D. Cornell University 2011 This dissertation, The ‘Bestli’ Outlaw: Wilderness and Exile in Old and Middle English Literature explores the reasons for the survival of the beast-like outlaw, a transgressive figure who highlights tensions in normative definitions of human and natural, which came to represent both the fears and the desires of a people in a state of constant negotiation with the land they inhabited. Although the outlaw’s shelter in the wilderness changed dramatically from the dense and menacing forests of Anglo-Saxon England to the bright, known, and mapped greenwood of the late outlaw romances and ballads, the outlaw remained strongly animalistic, other, and liminal, in strong contrast to premodern notions of what it meant to be human and civilized. I argue that outlaw narratives become particularly popular and poignant at moments of national political and ecological crisis—as they did during the Viking attacks of the Anglo-Saxon period, the epoch of intense natural change following the Norman Conquest, and the beginning of the market revolution at the end of the Middle Ages. Figures like the Anglo-Saxon resistance fighter Hereward, the exiled Marcher lord Fulk Fitz Waryn, and the brutal yet courtly Gamelyn and Robin Hood, represent a lost England imagined as pristine and forested.
    [Show full text]
  • THE TWELVE TABLES Samuli Hurri
    THE TWELVE TABLES Samuli Hurri arquinius Suberbus was the last king in ancient Rome and ‘brutality was his Tnature’ (Livy, 1.54). After his exile, in 510 BC, began ‘the history in peace and war of a free nation, governed by annually elected officers of state and subject not to the caprice of individual men, but to the overriding authority of law’ (Livy, 2.1). And indeed, after sixty years, in circa 450 BC, a body of laws called the Twelve Tables was ‘engraved on bronze and permanently exhibited in a place where all could read them’ (Livy, 3.58). This presentation concentrates on some pieces in this body, as they have been passed down to our own time by tradition, perhaps through incalculable metamorphoses. Maria Drakopoulou has given a brilliant account not only of the above• mentioned events in Roman history (Drakopoulou 2005) but also of the social scientific uses of law in general from the feminist point of view (Drakopoulou 2000). On my reading, the latter account consists, among other things, of delineating three historical phases. In the first phase, the law was considered as something telling about theright order of society, of what ought to be. In the second phase, the law could be taken as evidence for what was wrong in society, and thereby enabled social criticism. In the last phase, the law, writ large, was deemed as not only capable of revealing the society before us but as participating in the production and transformation of it. Drakopoulou is most interested in the middle phase, during which the underpinnings of the feminist study of law could be situated: the law as means of extracting critical knowledge from society.
    [Show full text]
  • The Hammond Collection
    CATALOGUE OF THE IN THE LAW LIBRARY OF THE STATE UNIVERSITY OF IOWA. COMPILED BY FRANK H. NOBLE, fl.,,. M., LL. B., LIBRARIAN. LAW L\BRAPV DECH 1975 U£1iversity of Iowa lOWA CITY. PUBLISHED BY THE UNIVERSITY. 1895. INTRODUCTORY NOTE. The Hammond Historical Law Collection of which the following is a catalogue, has been donated to the State University of Iowa, by Mrs. William G. Hammond, in accor<lance with the wishes of her husband, expressed within a few days of his death, which occured at St. Louis, on April 12, 18<)4. Under the terms· of the gift the collection is to be kept tog~ther in cases specially provided for that purpose in the Law Library, and to remain there as a memorial of Dr. Hammond and of his connection with the Law Department as its Chancellor, from the organization of the Department in 1868 until 1881. The collection comprises twelve hundred and thirty-seven volumes, relating principally to the civil law and to the history of the common law. In the latter branch it covt!rs the legal institutions of the Teutonic tribes in general, and of the Anglo-Saxons in particular, as well- as the early period of the developments of legal institutions in England. Dr. Hammond, while preparing ii.is edition of Blackstone's Commen­ taries, collected copies of all th,e editions of that work published during the authOr's life-time, and this rare collection is included in the gift. In the Library is kept a card catalogue of the whole collection.
    [Show full text]
  • Ordering Divine Knowledge in Late Roman Legal Discourse
    Caroline Humfress ordering.3 More particularly, I will argue that the designation and arrangement of the title-rubrics within Book XVI of the Codex Theodosianus was intended to showcase a new, imperial and Theodosian, ordering of knowledge concerning matters human and divine. König and Whitmarsh’s 2007 edited volume, Ordering Knowledge in the Roman Empire is concerned primarily with the first three centuries of the Roman empire Ordering Divine Knowledge in and does not include any extended discussion of how knowledge was ordered and structured in Roman juristic or Imperial legal texts.4 Yet if we classify the Late Roman Legal Discourse Codex Theodosianus as a specialist form of Imperial prose literature, rather than Caroline Humfress classifying it initially as a ‘lawcode’, the text fits neatly within König and Whitmarsh’s description of their project: University of St Andrews Our principal interest is in texts that follow a broadly ‘compilatory’ aesthetic, accumulating information in often enormous bulk, in ways that may look unwieldy or purely functional In the celebrated words of the Severan jurist Ulpian – echoed three hundred years to modern eyes, but which in the ancient world clearly had a much higher prestige later in the opening passages of Justinian’s Institutes – knowledge of the law entails that modern criticism has allowed them. The prevalence of this mode of composition knowledge of matters both human and divine. This essay explores how relations in the Roman world is astonishing… It is sometimes hard to avoid the impression that between the human and divine were structured and ordered in the Imperial codex accumulation of knowledge is the driving force for all of Imperial prose literature.5 of Theodosius II (438 CE).
    [Show full text]
  • Summer 1987 CU-Boulder Catalog
    the University's Distinguished College of Environmental Design session. For the specific dates of Visiting Professor Program offers College of Music the various 1987 summer terms, students the opportunity to take Graduate School see Dates to Remember, page 2. courses from well-known Graduate School of Business scholars in residence during the CONTINUING Administration EDUCATION summer. Other special offerings School of Education are associated with the College School of Journalism and Mass Boulder's interesting and exciting of Music's annual Colorado Communication summer environment is en­ Summer at the University of Gilbert and Sullivan Festival. hanced by the variety of credit Colorado at Boulder offers School of Law School of Pharmacy and noncredit courses, students a variety of oppor­ OUTDOOR RECREATION workshops, seminars, job train­ tunities for study, individual Outdoor recreation is a way of RELATED ~OCAL ing and skills improvement pro­ development, and recreational life in Boulder. Summertime FACILITIES grams, and independent study activity. Summer session possibilities range from hiking Many teaching and research pro­ projects coordinated through scholars can choose from more and biking to exploring old min­ grams on the Boulder Campus CU's Division of Continuing than 450 courses, allowing prog­ ing towns and sailing on moun­ are closely integrated with other Education. These outreach pro­ ress toward a degree in almost tain lakes. A good place to begin facilities in the Boulder area, in­ grams are open to students and every area of study. is CU-Boulder's expansive cluding the National Bureau of other members of the communi­ OUR COURSES Recreation Center, one of the Standards (NBS), the National ty, as well as to summer COMPLEMENT YOUR finest facilities of its type in the Center for Atmospheric Research visitors.
    [Show full text]
  • Magic in Private and Public Lives of the Ancient Romans
    COLLECTANEA PHILOLOGICA XXIII, 2020: 53–72 http://dx.doi.org/10.18778/1733-0319.23.04 Idaliana KACZOR Uniwersytet Łódzki MAGIC IN PRIVATE AND PUBLIC LIVES OF THE ANCIENT ROMANS The Romans practiced magic in their private and public life. Besides magical practices against the property and lives of people, the Romans also used generally known and used protective and healing magic. Sometimes magical practices were used in official religious ceremonies for the safety of the civil and sacral community of the Romans. Keywords: ancient magic practice, homeopathic magic, black magic, ancient Roman religion, Roman religious festivals MAGIE IM PRIVATEN UND ÖFFENTLICHEN LEBEN DER ALTEN RÖMER Die Römer praktizierten Magie in ihrem privaten und öffentlichen Leben. Neben magische Praktik- en gegen das Eigentum und das Leben von Menschen, verwendeten die Römer auch allgemein bekannte und verwendete Schutz- und Heilmagie. Manchmal wurden magische Praktiken in offiziellen religiösen Zeremonien zur Sicherheit der bürgerlichen und sakralen Gemeinschaft der Römer angewendet. Schlüsselwörter: alte magische Praxis, homöopathische Magie, schwarze Magie, alte römi- sche Religion, Römische religiöse Feste Magic, despite our sustained efforts at defining this term, remains a slippery and obscure concept. It is uncertain how magic has been understood and practised in differ- ent cultural contexts and what the difference is (if any) between magical and religious praxis. Similarly, no satisfactory and all-encompassing definition of ‘magic’ exists. It appears that no singular concept of ‘magic’ has ever existed: instead, this polyvalent notion emerged at the crossroads of local custom, religious praxis, superstition, and politics of the day. Individual scholars of magic, positioning themselves as ostensi- bly objective observers (an etic perspective), mostly defined magic in opposition to religion and overemphasised intercultural parallels over differences1.
    [Show full text]
  • Parental Kidnapping 13002
    Revised May, 2021 - Version 1.5.0 MICR Arrest Charge Codes Page 1 of 6 01000 - Sovereignty 10002 - Parental Kidnapping 13002 - Aggravated Assault Treason 0101 Parental Kidnapping 1072 Aim Beam of Light at Plane/Train 1386 Treason Misprision 0102 11001 - Sexual Penetration Mayhem 1393 Espionage 0103 Penis/Vagina, 1st Degree 1171 Assault, Intent to Commit Felony 1394 Sabotage 0104 11002 - Sexual Penetration Assault, Intent to Maim 1395 Sedition 0105 Penis/Vagina, 3rd Degree 1172 Assault Less than Murder 1396 Selective Service 0106 11003 - Sexual Penetration Assault with Intent to Murder 1397 Sovereignty (other) 0199 Oral/Anal, 1st Degree 1173 Assault (other) 1399 02000 - Military 11004 - Sexual Penetration Fleeing Resulting in Assault 8176 Desertion 0201 Oral/Anal, 3rd Degree 1174 13003 - Intimidation/Stalking Away Without Leave 0297 11005- Sexual Penetration Intimidation Military (other) 0299 Object, 1st Degree 1175 (includes 911 interference) 1316 03000 - Immigration 11006 - Sexual Penetration Cyberbullying 1372 Illegal Entry 0301 Object, 3rd Degree 1176 Cyberbullying, 2nd Offense 1373 False Citizenship 0302 11007 - Sexual Contact Forcible Intentional Threat To Commit Act of Smuggling Aliens 0303 Forcible Contact, 2nd Degree 1177 Violence Against School, Immigration (other) 0399 Sex Offense against Child, Fondle 3601 School Employee or Students 1376 09001 - Murder/Non-Negligent 11008 - Sexual Contact Forcible Intentional Threat To Commit Act of Family, Gun 0901 Forcible Contact, 4th Degree 1178 Violence Against School, Family, Other Weapon
    [Show full text]
  • Iran – Researched and Compiled by the Refugee Documentation Centre of Ireland on 11 September 2012
    Iran – Researched and compiled by the Refugee Documentation Centre of Ireland on 11 September 2012 Information on the penalty under Iranian law for fornication between a single man and a married woman? Is this law widely implemented? Are there any reported convictions? The 1991 Islamic Penal Code of Iran, in “Chapter 3: Types of Punishments for Adultery” (Article 82), states: “The penalty for adultery in the following cases shall be death, regardless of the age or marital status of the culprit: (1) Adultery with one’s consanguineous relatives (close blood relatives forbidden to each other by religious law); (2) Adultery with one’s stepmother in which the adulterer’s punishment shall be death; (3) Adultery between a non-Muslim man and a Muslim woman, in which case the adulterer (non-Muslim man) shall receive the death penalty; (4) Forcible rape, in which case the rapist shall receive the death penalty.” (Islamic Republic of Iran (28 November 1991) Islamic Penal Code of Iran) A US Congressional Research Service document, in a paragraph headed “Stonings”, states: “In 2002, the head of Iran’s judiciary issued a ban on stoning. However, Iranian officials later called that directive ‘advisory’ and could be ignored by individual judges. On December 2, 2008, Iran confirmed the stoning deaths of two men in Mashhad who were convicted of adultery. A sentence of stoning against a 45-year-old woman (Sakineh Ashtiani) convicted of adultery and assisting in the murder of her husband was set aside for further review in July 2010. An Iranian parliamentarian said on January 17, 2011, the stoning sentence was dropped but she would serve 10 years in prison.” (US Congressional Research Service (23 March 2012) Iran: U.S.
    [Show full text]
  • Modern Literary Exile: the Ones Who Stay and the Ones Who Leave
    MODERN LITERARY EXILE: THE ONES WHO STAY AND THE ONES WHO LEAVE by KLEITIA VASO (Under the Direction of Katarzyna Jerzak) ABSTRACT Before the nineteenth century, exile denoted forceful banishment from one’s home city or country. In the mid-nineteenth century, Charles Baudelaire redefined the meaning of exile by including internal exile as a manifestation of the condition. This displacement excludes a physical uprooting and is strictly internal. In addition to this acquired layer of meaning, the question of exile is complicated further by the modern author’s assumed distance from the rest of the community. In order to explore the symptoms and consequences of physical, geographical exile, this thesis offers a comparison between Fernando Pessoa and Orhan Pamuk, two authors who are physically and creatively rooted in their native cities, and Vladimir Nabokov, Joseph Brodsky, and André Aciman, three exiled authors whose work is fueled by their exilic condition. INDEX WORDS: redefinition of exile, internal exile, geographical exile, native city, nostalgia, modernity, alienation, displacement, Baudelaire, Pessoa, Pamuk, Nabokov, Brodsky, and Aciman. MODERN LITERARY EXILE: THE ONES WHO STAY AND THE ONES WHO LEAVE by KLEITIA VASO B.A., The University of Georgia, 2004 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS ATHENS, GEORGIA 2009 © 2009 Kleitia Vaso All Rights Reserved MODERN LITERARY EXILE: THE ONES WHO STAY AND THE ONES WHO LEAVE by KLEITIA VASO Major Professor: Katarzyna Jerzak Committee: Ronald Bogue Thomas Cerbu Electronic Version Approved: Maureen Grasso Dean of the Graduate School The University of Georgia May 2009 ACKNOWLEDGEMENTS I would like to thank my family for their love and support, and my committee for their direction and the general enrichment of my college education.
    [Show full text]
  • Lucan's Natural Questions: Landscape and Geography in the Bellum Civile Laura Zientek a Dissertation Submitted in Partial Fulf
    Lucan’s Natural Questions: Landscape and Geography in the Bellum Civile Laura Zientek A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2014 Reading Committee: Catherine Connors, Chair Alain Gowing Stephen Hinds Program Authorized to Offer Degree: Classics © Copyright 2014 Laura Zientek University of Washington Abstract Lucan’s Natural Questions: Landscape and Geography in the Bellum Civile Laura Zientek Chair of the Supervisory Committee: Professor Catherine Connors Department of Classics This dissertation is an analysis of the role of landscape and the natural world in Lucan’s Bellum Civile. I investigate digressions and excurses on mountains, rivers, and certain myths associated aetiologically with the land, and demonstrate how Stoic physics and cosmology – in particular the concepts of cosmic (dis)order, collapse, and conflagration – play a role in the way Lucan writes about the landscape in the context of a civil war poem. Building on previous analyses of the Bellum Civile that provide background on its literary context (Ahl, 1976), on Lucan’s poetic technique (Masters, 1992), and on landscape in Roman literature (Spencer, 2010), I approach Lucan’s depiction of the natural world by focusing on the mutual effect of humanity and landscape on each other. Thus, hardships posed by the land against characters like Caesar and Cato, gloomy and threatening atmospheres, and dangerous or unusual weather phenomena all have places in my study. I also explore how Lucan’s landscapes engage with the tropes of the locus amoenus or horridus (Schiesaro, 2006) and elements of the sublime (Day, 2013).
    [Show full text]
  • Case 2:16-Cv-00145-CG-N Document 16 Filed 06/02/16 Page 1 of 36
    Case 2:16-cv-00145-CG-N Document 16 Filed 06/02/16 Page 1 of 36 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION GREEN GROUP HOLDINGS, LLC, a Georgia limited liability company and HOWLING COYOTE, LLC, a Georgia limited liability company, Plaintiffs, No. 2:16-cv-00145-CG-N vs. JUDGE CALLIE V. S. GRANADE MARY B. SCHAEFFER, ELLIS B. LONG, BENJAMIN EATON, and ESTHER CALHOUN, as individuals and as MAGISTRATE members and officers of BLACK BELT CITIZENS JUDGE FIGHTING FOR HEALTH AND JUSTICE, an KATHERINE P. unincorporated association, NELSON Defendants. ORAL ARGUMENT REQUESTED MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS PURSUANT TO RULE 12(b)(6) Case 2:16-cv-00145-CG-N Document 16 Filed 06/02/16 Page 2 of 36 Table of Contents Table of Authorities ....................................................................................................................... iv Introduction ......................................................................................................................................1 Statement of Facts ............................................................................................................................4 Legal Argument ...............................................................................................................................7 I. Requirements for pleading a defamation claim .............................................................7 II. The vast majority of the statements upon which the libel claims are based are not alleged to have
    [Show full text]
  • Making Sociology Relevant to Society
    Journal of Criminal Justice and Popular Culture The Social Construction of Copycat Crime July, 2021, Vol. 21 (Issue 1): pp. 104 – 127 Surette, Helfgott, Parkin, & O’Toole Copyright © 2021 Journal of Criminal Justice and Popular Culture All rights reserved. ISSN: 1070-8286 The Social Construction of Copycat Crime in Open Access Media Ray Surette University of Central Florida & Jacqueline B. Helfgott Seattle University & William Parkin Seattle University & Mary Ellen O’Toole George Mason University 104 Journal of Criminal Justice and Popular Culture The Social Construction of Copycat Crime July, 2021, Vol. 21 (Issue 1): pp. 104 – 127 Surette, Helfgott, Parkin, & O’Toole Abstract Examination of copycat crimes presented in digital mass media has important implications for understanding the nature of the contagion effect and its impact on potential copycat perpetrators in addition to understanding the impact of media-mediated crime on the public at large. While the crime content found in traditional legacy media has been extensively studied, open-access digital media crime content has not been well examined. Irrespective of a growing interest in copycat crime, there has been limited empirical research on the phenomena and none on open access portrayals of it. Addressing this research gap, the results from a one-day dedicated exploration of open-access data concerning copycat crime was conducted at Seattle University in 2018. Twenty students in twelve teams of 1 to 3 students collected open access data on copycat crime. The compiled open access copycat crime portrait was examined regarding crime types, perpetrator and victim characteristics, sources of copycat crime generators, and factors forwarded as causes of copycat crime.
    [Show full text]