Social Justice in the Ancient World

By K. D. Irani; Morris Silver | Go to book overview
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5.
Cf. Watson ( 1972: 100-105) for faith in regal laws, and Momigliano ( 1963: 95- 121), for acceptance of much of the traditional outline.
6.
See Livy 2.46: Servius used land grants to gain support from plebeians; 3.39.9 (cf. Ogilvie 1960: 470-71). Standard is Cicero, Pro Sestio96: "Those who have wished their deeds and words to be pleasing to the multitude have been held to be populares and those who have conducted themselves in such a manner that their counsels have met the approval of all the best men have been held to be optimates."
7.
Broughton ( 1951: 514; cf. CAH 7.2: 133-34, 211, 409). In general see Rickman ( 1980).
8.
Cf. CAH 7.2: 199-200, 299-302; and Crawford ( 1976: 204-7).
9.
In general, see Shatzman ( 1972: 177-205).
10.
Complaints about unfair distribution of booty are abundant and doubtless heavily influenced by late Republican conditions. See Livy 4.49; 5.19-22, 25-26, 32.8; cf. Livy 4.59.10. On the political importance of distribution of booty, see Livy 2.42.1; 3.31.4; 4.59.10; 6.4.11; 7.16.3, 24.9, 27.8; 8.29.14, 36.10; 9.13.5, 37.10, 42.5. On later experiences influencing early accounts, see Brunt ( 1971: 411). Cato the Elder spoke de praeda militibus dividenda stressing how the theft of military spoils by prominent men was the kind of public thief that resulted in a life of luxury ( Gellius 11.18.18).
11.
Presumably, minor military successes became major, and indecisive battles became victories. For example, in 446, Livy (3.70.14-15) reports a major victory over Aequi/Volsci, but says that no triumph was celebrated. On the other hand, "It is worth noting that as a general rule major Roman victories are comparatively rare in the tradition as we have it" in the period from 509 to 390 ( CAH 7.2: 289). Harris ( 1979: 26) also notes that "through most of the middle Republic about one consul in three celebrated a triumph," but the fact that there were only twenty-two triumphs and ovations during the entire fifth century "must suggest that the record is relatively free from contamination, and that it was not simply a fraudulent projection into the remote past of the conditions of the middle Republic" ( CAH 7,2: 290).
12.
Livy 4.47-49 is a good sample, but cf. Livy 6.5.2. On colonization, see Salmon ( 1969).
13.
On slaves in the military, see Rouland ( 1977: 25-75); cf. Garlan ( 1988: 163-76).
14.
Cf. Gelzer ( 1969: 21-22; Brunt 1971: passim; and CAH 7.2: 125-26, 312-13, 331-34, esp. 389).
15.
In general, see the discussion in Bernstein ( 1978: especially chaps. 3-5).
16.
See Livy 8.27, for the law he incorrectly dated; cf. Dion. Hal. 16.4-5; Varro LL 7.105; Val. Max. 6.1.9. See Sallust, Catalina33 for the Sullan Veterans.
17.
In general, see the discussion of Zuleuta ( 1946-53, 2: 143-44). I want to thank Raymond Westbrook for comments made following the paper and for his 1988 and 1989 publication that will greatly contribute to the resolution of the nexum controversy.
18.
In a later article, I will argue against the common view that the propertyless were only routinely enlisted after Marius' reform. Soldiers were clearly depicted as propertyless from the beginning, and this was not an incorrect depiction.

REFERENCES

Bernstein A. ( 1978). Tiberius Sempronius Gracchus: Tradition and Apostasy. Ithaca, N.Y.: Cornell University Press.

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