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19 - Crimes and Punishments

Published online by Cambridge University Press:  05 June 2012

Andrew M. Riggsby
Affiliation:
University of Texas, Austin
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Summary

The roman courts divided cases into the “private” and “public” in something like the way we divide “civil” and “criminal.” One of the important differences is that in Roman law some of our main criminal offenses (most thefts and assaults, seemingly including murder) were in the private category for most of our period. The public offenses also attracted much less attention from the Roman jurists than private-law matters, and surviving speeches from actual prosecutions have surprisingly little to say about legal issues. The explanation for all these facts may be that the Romans had a very political understanding of the role of the public courts. This is not to say that they were “political” in a corrupt sense (though that might be true as well). Rather, they existed only to treat matters that were inherently political in that they affected the community as a whole (say, electoral bribery or abuse of office). An offense to an individual victim with no broader consequences, no matter how heinous, just was not the right kind of offense for these courts. Mere law and order were not sufficient grounds. And to the extent that the community was defending itself in these courts, the law was not acting as a fair or impartial third party settling disputes. Hence, lawyers were neither interested or interesting in these contexts.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • Crimes and Punishments
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.020
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  • Crimes and Punishments
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.020
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Crimes and Punishments
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.020
Available formats
×