The program of Roman Criminal Law concerns the evolution of public capital penalty in the period from 753, b.C. foundation date of Rome, and 565 b.C., year in which Emperor Justinian died. The lessons will describe the main principles of the most significative areas of the subject, with the historic roots of the different modern institutes about the crimes, death punishments and public criminal trial, also taking into account that the ancient distinction between privat or public vengeance and different penalties of death is still the basis of the modern legal reasoning in criminal cases.
Expected learning outcomes
The lessons will describe the following topics: periods and sources of production and knowledge of criminal law.
A. General knowledges. Privat and public illicit; privat and public punishment. - The function of the capital punishment between general safety and preservation of the constitutional order of ancient Rom in its different historical periods. - The "ius provocationis" and the "exilium" of a Roman citizen. - The "appellatio ad Caesarem". - The imposition of the death penalty and functioning criteria of the public assemblies and of another deliberative institutions in Rom from the republican to the imperial period ("iudicia populi", "quaestiones perpetuae" and "cognitiones extra ordinem"). The "carcer": the pre-trial detention and the carrying out the death penalty. - The social danger of the offender in the opinion of the ancient writers. - The urban spaces for carrying out the capital pinushments and the importance of the derision of the offender's body in the ancient societies. B. Case studies. 1) The dismemberment of Méttius Fufetius and the violation of the "fides" against Romans. - 2) The death of Turno Erdonius: an exemplar punishment for suppressing the political opposition. - 3) Cases of barbaric execution of the death penalty in the ancient Persia under the reigns of the Achemenidi (VI sec. a.C.): public vengeance and repressive measures against the political opposition. - 4) The "supplicium ultimum" of Attilius Regulus. 5) The cruel and inhuman punishment "in castris" by Postumius Regillensis against the soldiers: about the death penalty in the form of the "necare sub crate". - 6) The "corpora inimicorum" and the repression of the political opposition during the reign of the emperor Tiberius: especially the punishment of Clutorius Priscus. - 7) An exemplar case for the "appellatio ad Caesarem" in the episode of Paulus Apostle (59/60 d.C.).
Prerequisites for admission
The students have to pass the examination of Roman Private Law, and then they can take the written text of Advanced Roman Law (Crimanl Roman Law)
The class consists of 22 hours of frontal lessons and 20 of cases discussion. There is the possiblity of lab and experimental activities.
N. Donadio, Documentum supplicii e documentum criminis. Il corpo del reo tra precetto e sanzione nel mondo antico, L'arte del diritto, Napoli, Jovene, 2017 (without bibliographical notes)
Assessment methods and Criteria
The examination involves a written text with five questions: two about general topics and another three about case studies (from the book). The same written text is in use both for the students that attend classes in Advanced Roman Law and for the students that don't attend same classes.