In The Antonine Constitution, Alex Imrie approaches the famous edict of AD 212 from numerous angles, offering an assessment of its rationale that is rooted in the dynamic period of the early third century. Controversial since its discovery, it is depicted here as a keystone in Caracalla’s attempt to revolutionise the public image of the Severan dynasty after murdering his brother. There is an inherent paradox between the apparently progressive nature of the edict, and the volatile emperor responsible for it. The enigma is only heightened by a dearth of ancient evidence relating to the legislation. By combining literary and material evidence with the surviving papyrological record, Alex Imrie shows that Caracalla’s rationale is best understood in an embedded context.
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
The twelve studies contained in this volume discuss some key-aspects of citizenship from its emergence in Archaic Greece until the Roman period before AD 212, when Roman citizenship was extended to all the free inhabitants of the Empire. The book explores the processes of formation and re-formation of citizen bodies, the integration of foreigners, the question of multiple-citizenship holders and the political and philosophical thought on ancient citizenship. The aim is that of offering a multidisciplinary approach to the subject, ranging from literature to history and philosophy, as well as encouraging the reader to integrate the traditional institutional and legalistic approach to citizenship with a broader perspective, which encompasses aspects such as identity formation, performative aspect and discourse of citizenship.
In 212 CE, the emperor Caracalla extended citizenship to nearly all free-born residents of the Roman Empire. In doing so, he transformed not only his own, but the very ideal of empire and statehood in Europe. This volume first inquires into the contexts of Caracalla's act in his own day. Rome was an ancient empire: it had traditionally ruled over populations that were conceived and governed as distinct units, a practice that was both strategic and ideological. What were the practical and political effects of a universalizing ideology in this context? Was there a reorientation of private social and legal practice in response? And what politics of exclusion came to apply, now that citizenship no longer served to distinguish persons of higher and lower status? The volume subsequently traces the history of citizenship in universalizing ideologies and legal practice from late antiquity to the codification of law in Europe in the nineteenth century. Caracalla's act was then repeatedly cited as the ideal toward which sovereign polities should strive, be they states or empires. Citizenship and law were thereby made preeminent among the universalisms of European statecraft.
From Bedroom to Courtroom argues that the fictional trial scenes in the Greek ideal romances reflect Roman legal institutions and ideas, particularly relating to family and sexuality. Given the genre's emphasis on love and chastity, the specter of adultery looms over most of the scenarios that develop into elaborate trials. Such scenes shed light on the Greek reception of the criminalization of adultery promulgated by the moral legislation during the reign of Augustus. This book focuses on three major novels whose composition coincided with the extension of Roman citizenship when access to Roman courts was granted to increasing numbers of inhabitants of the eastern provinces of the Roman Empire. Chariton's Callirhoe is interpreted as an artifact of the generation after the implementation of the Augustan moral legislation, particularly its criminalization of adultery. Achilles Tatius' Leucippe and Clitophon was created in a legally pluralistic milieu where shrewd sophists learned to navigate and exploit the interstices between the overlapping jurisdictions of imperial and local law. Finally, Heliodorus' Aethiopica, widely regarded as the masterpiece of the genre, adapts the type-scene of the trial to present a series of case studies of different types of government, culminating in the utopian kingdom of Meroe. Through the novels' melodramatic trial scenes, we can begin to see how the opening of Roman courtroom to Greek-speaking citizens of the Roman Empire stimulated dreams of a world in which universal justice under Rome was wed to Hellenism.
Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are increasingly being asked to conduct research in an interdisciplinary manner whereby Roman law is not merely seen as a set of abstract concepts devoid of any background, but as a body of law which operated in a specific social, economic and cultural context. This context-based, 'law and society' approach to the study of Roman law is an exciting new field which legal historians must address. This interdisciplinary collection focuses on three larger themes which have emerged from these studies: Roman legal thought the interaction between legal theory and legal practice and the relationship between law and economics.
This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.
The Institutes are a complete exposition of the elements of Roman law and are divided into four books—the first treating of persons and the differences of the status they may occupy in the eye of the law; the second-of things, and the modes in which rights over them may be acquired, including the law relating to wills; the third of intestate succession and of obligations; the fourth of actions and their forms. For many centuries they had been the familiar textbook of all students of Roman law.
This volume examines the dynamic concept and changing reality of Roman citizenship from the perspective of the provinces in Rome's vast, multi-ethnic empire, both before and after Caracalla's grant of universal citizenship in 212 CE. In Greek communities, and in Jewish and Christian conceptual and actual constructed communities, the Roman definition of citizenship had a profound impact on the shape of abstract ideas of community, discourse about communal membership and peoplehood, and legal and civic models. Just as Roman citizenship was forever redefining its restrictions and becoming ever-more inclusive, so the borders of the other communities to which Greeks, Christians and Jews claimed "citizenship" were also flexible, adaptable, dynamic.
