Complementary Course: Roman Criminal Law
A.Y. 2023/2024
Learning objectives
The program of Criminal Roman 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.
The lessons will describe the following topics: periods and sources of production and knowledge of criminal law.
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.
The lessons will describe the following topics: periods and sources of production and knowledge of criminal law.
Expected learning outcomes
At the end of the course the student will be able to master the basic law principles, will know the main Roman institutes and will be able to usefully apply the reasoning to solve real cases and to critically elaborate possible juridical solutions.
Lesson period: First semester
Assessment methods: Giudizio di approvazione
Assessment result: superato/non superato
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The lessons will focus on the following topics:
The periodization and sources of criminal law in ancient Rome.
A. General knowledges. The function of the capital punishment between general safety and preservation of the constitutional order in ancient Rome. - The "ius provocationis" and the "exsilium" of a Roman citizen. - The "appellatio ad Caesarem". - The criminal trial ("iudicia populi", "quaestiones perpetuae" and "cognitiones extra ordinem"). - The urban spaces for carrying out the capital punishments 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 in the ancient Persia under the reigns of the Achemenidi (VI sec. and IV a.C.). - 4) The "supplicium ultimum" of Attilius Regulus.
The periodization and sources of criminal law in ancient Rome.
A. General knowledges. The function of the capital punishment between general safety and preservation of the constitutional order in ancient Rome. - The "ius provocationis" and the "exsilium" of a Roman citizen. - The "appellatio ad Caesarem". - The criminal trial ("iudicia populi", "quaestiones perpetuae" and "cognitiones extra ordinem"). - The urban spaces for carrying out the capital punishments 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 in the ancient Persia under the reigns of the Achemenidi (VI sec. and IV a.C.). - 4) The "supplicium ultimum" of Attilius Regulus.
Prerequisites for admission
No pre-requisits are required.
Teaching methods
The Course will consist in 20 hours (10 lectures) of frontal teaching, exegetical exercises, case studies and will be divided in two parts. The first part will be concerned theoretical aspects of the criminal Roman law; the second part will be concerned specific cases of capital penalty in ancient world.
Teaching Resources
No one for attending students. For non attending students the following text is recommended, which can also be found in an English translation and which should be studied only in relation to the part concerning the death penalty in ancient Rome:
E. Cantarella, I supplizi capitali. Origini e funzioni delle pene di morte in Grecia e a Roma, Milano, Feltrinelli Editore, 2005.
E. Cantarella, I supplizi capitali. Origini e funzioni delle pene di morte in Grecia e a Roma, Milano, Feltrinelli Editore, 2005.
Assessment methods and Criteria
ATTENDING:
At the end of the course, attending students will undergo an approval judgment with a pass/fail evaluation, which will take into account only the active participation in case study discussions in the classroom.
NOT ATTENDING:
On the contrary, non-attending students will be required to check part of the indicated textbook.
No special program for Erasmus Students.
At the end of the course, attending students will undergo an approval judgment with a pass/fail evaluation, which will take into account only the active participation in case study discussions in the classroom.
NOT ATTENDING:
On the contrary, non-attending students will be required to check part of the indicated textbook.
No special program for Erasmus Students.
Educational website(s)
Professor(s)
Reception:
Thurs 9.00-10.30
dipartimento di diritto privato e storia del diritto - 1 floor