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 punishment: The function of the capital punishment between general safety and preservation of the constitutional order of ancient Rome in its different historical periods. - The "ius provocationis" and the "exsilium" 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 Rome from the republican age 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 punishments. - 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".
Prerequisites for admission
The students have to pass the examination of Roman Private Law, and then they can take the examination of Advanced Roman Law (Crimanl Roman Law)
The Course will consist in 42 hours (12 lectures) of frontal teaching and will be divided in two parts. The first will be concerned theoretical aspects of the criminal Roman law; the second part will be concerned specific cases of capital penalty in ancient world.
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 (with exclusion of pages 212-261 and the bibliographical notes) or the following book E. Cantarella, I supplizi capitali. Origini e funzioni delle pene di morte in Grecia e a Roma, Universale Economica Feltrinelli, Milano, 2005 (exclusively the part of the text concerning the ancient Rome).
Assessment methods and Criteria
Oral examination. The mark is expressed out of 30. The examination consists of three questions about institutional elements and case discussion. In case the exam is not passed, the students can register for the session immediately after