Murder Was Not a Crime: Homicide and Power in the Roman Republic

By Judy E. Gaughan | Go to book overview

Notes

INTRODUCTION

1. Henry Campbell Black, Black’s Law Dictionary, 6th ed. (St. Paul: West Publishing, 1990) s.v. murder, crime.

2. The definitions of both of these powers are more complex than this, but see Chapters Two and Three for further discussions.

3. Killing itself, though, is not necessarily the final act because there are a variety of things that can happen to the body after death. See, e.g., Katarina Mustakallio, Death and Disgrace: Capital Penalties with post mortem Sanctions in Early Roman Historiography. Annales Academiae Scientarum Fennicae Dissertationes Humanarum Litterarum 72 (Helsinki: Suomalainen Tiedeakatemia, 1994); Donald G. Kyle, Spectacles of Death in Ancient Rome (New York: Routledge, 1998); Claire Lovisi, Contribution à l’étude de la peine de mort sous la république romaine (509–149 av. J.-C.) (Paris: de Boccard, 1999) 98 n. 265.

4. For the definition of public law, see below on terminology.

5. For further discussion of the language of homicide in the courts, see Chapters Four and Seven.

6. The lex Cornelia de sicariis et veneficiis included “qui hominem occiderit” (“whoever will have killed a person”; D. 48.8.1), but that was not the main force of the law, as we shall see below.

7. Argument has been made that the use of the word was not infrequent in the republic. Fabio Lanfranchi (Il diritto nei retori romani contributo alla storia dello sviluppo del diritto romano [Milan: Giuffrè, 1938] 469) argues that homicidium and homicida were more common in the late republic than Mommsen thought because of the frequency of their appearance in Quintilian and Seneca. For further sources and discussion of the term, see Antonius Stankiewicz, De Homicidio in Iure Poenali romano (Rome: Officium libri catholici, 1981) 1–14.

8. “Im klassischen Latein fehlt es für den Mord an einem einfachen Ausdruck; das jung und nicht glücklich gebildete Wort homicidium, der Menschenmord, ist erst spät dafür eingetreten. Aushülfsweise werden in der klassischen Rechtsprache zur Bezeichnung des Mörders die Benennung des Banditen (sicarius) und die des Giftsmischers

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Murder Was Not a Crime: Homicide and Power in the Roman Republic
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Abbreviations ix
  • Preface xv
  • Acknowledgments xvii
  • Introduction 1
  • One - Killing and the King 9
  • Two - Power of Life and Death 23
  • Three - Killing and the L Aw, 509–450 B.C.E 53
  • Four - Murder Was Not a Crime, 449–81 B.C.E 67
  • Five - Capital Jurisdiction, 449–81 B.C.E 90
  • Six - License to Kill 109
  • Seven - Centralization of P Ower and Sull An Ambiguity 126
  • Epilogue 141
  • Notes 143
  • Bibliography 181
  • Index 191
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