Crime and punishment final

Week 1:
Nature of Justice
Previous Era
 You won't be cavalier with giving sentences to people if you're the one who actually yields the
sword (one man rules, one man justice)
 There can also be a group of people who makes the decision regarding justice, but that is also
hard because it’s very prejudice in the courts favour (the decision is already predetermined)
Modern Era
 See criminal justice vs civil justice
 People are now able to fight for their human rights
 Some of the features that stick out are also similar to ancient times
 Citizenship and socioeconomic status are 2 HUGE factors in all cases
 Actors use the courts for political manoeuvring and economic gain
Publius Claudius Pulcher and the Sacred Chickens
 He is the Roman consul which means he’s in command
 He’s about to make an attack
 They used birds to help them decide if making an attack is a good idea
o They would feed the chickens and if the chickens ate the food it means the gods are in
favour of the attack about to take place
 But the chickens were on a boat and chickens get sea sick so they didn’t eat the food
o He then threw the chickens into the water so they could ‘drink’ but then they drown and
the gods were very upset
 The boats then sank and they lost the battle
 News got back to the Romans and he got charged with capital treson
 They could not conduct the court at night though so when night fell, his death penalty got reduced
to a big monetary fine
 This relates to modern criminal justice because:
Double jeopardy- charges can be reduced
 Differences:
Religious reasons were why he was taken to court
It was a war crime, and war crimes now are taken in front of a military court
Roman trials were held outdoors and the whole population participated
Ancient Crime and Justice Sources:
 We know a lot about crime in ancient time because we look at the art and literature that was
produced during that era
 We only can really look at what has survived in art and literature, there are many limitations
We are limited by time and scope of this course (we can’t cover everything)
There is only a certain amount of evidence available
The perspective of the people who wrote the texts is quite narrow (it was mostly wealthy
white males- and the laws were mostly written in favour of them)
Self-help was a major aspect; people took direct action to get revenge (the person who was
harmed seeked vengeance)
Modern Crime and Justice Sources:
 We get a lot of knowledge through media and television (the news)
 We also see a lot through social media
 But we don’t have much direct experience
What is a crime?
 Acts that harm the state or society in any way (criminal law)
 Civil law is normally a dispute between people that is taken to the court
In Antiquity:
Civil = private legal disputes
Criminal = public cases
 But in ancient rome, these were often handled by private groups
 This led to many problems and novels titled “Murder was not a Crime”
Democracy: being ruled by the people
 This was a word in ancient Greece that we have tried to replicate but it’s not exactly what they
meant
 We still have a faint tie to ancient Athens but it’s very minimal
 We want to stress the tie to give our democracy a hint of ancient traditions
 The votes still only go to wealthy males (no women or slaves had any voice)
 Modern democracy is rooted in a capitalist society whereas that was not the case before
Prisons and Incarceration:
 In modern times, we incarnate people to take them out of society
 In ancient times, people were exiled and prisons were only used as a short term holding facility
 This is a major debate in our society today
Differences in Ancient Rome
 There was animals used that were exotic and ritualistic
o When people were being killed they were put into a sac with an animal
 BUT remember there are still differences in punishment throughout ancient history

Week 2:
Historical Survey: Background and Context

Notes about Dates

 BC = before christ
 AD = anno domini (in the year of the lord)
 BCE = before the common era
 CE = common era
 Years BCE countdown (323 BCE is the year before 322 BCE)
 There is no year 0, so 1 CE comes right after 1 BCE
  323 BCE is in the fourth century BCE
 BCE, CE and BC all go after the year, but AD goes before the year
Periods of Greek History
6500 - 3000 BCE: The Neolithic Period
3000 - 1100 BCE: The Bronze Age
1100 - 750 BCE: The Dark Ages
750 - 480 BCE: The Archaic Period *
480 - 323 BCE: The Classical Period *
323 - 30 BCE: The Hellenistic Period
Periods of Roman History
753 - 503 BCE: The Regal Period
509 - 27 BCE: The Republican Period *
27 BCE - 284 CE: The Imperial Period
284 - 476 CE: The Later Roman Empire
Franchthi Cave
 In Peloponnesus was inhabited continuously from about 20,000 to 3000 BCE
 The first evidence of agriculture and the domestication of animals at the cave dates to about 6000
BCE
 Earliest period of habitation on Greek mainland
Minoan Civilization **
 Main part of the Bronze Age
 Was remarkably advanced
 Myth of the minotaur
 Earliest civilization in the Greek world
 We know little about it
 The language of Crete during the early and middle Bronze Ages was not Greek, and they gods
were not Greek either
 Palace complexes and greek cities
 Linear A is the name of their writing system (cannot be translated)
Indo-European Peoples
 Around 2000 BCE, there is evidence of widespread destruction in mainland Greece followed by
the emergence of a new culture
 Archaeologists theorise an incursion of Indo-European peoples
 We know about them from culture and from historical linguistics
 Minoan civilization was not Indo-European but it was still dominant too
 Turning point in bronze age
 But not the end of minoan dominance
Mycenaean Civilization
 During the Middle Bronze Age (2000-1600 BCE), the dominant Minoan civilization on Crete
greatly influenced the emerging Mycenaean civilization (named after Mycenae) of the -mainland
 Their gods are early forms of greek gods
 It was during this time that Greek mythology as we know it was developed
 Spoke an early form of greek and formed the beginning of greek culture
1400’s of BCE
 In the 15th and 14th centuries BCE almost all Minoan centres were destrocyed by fire
 When the palace at Cnossus was rebuilt, the language changed from a language we don’t know
written in Linear A to a kind of Mycenaean Greek written in Linear B *(has the same characters
as Linear A, but is an early form of Greek)
o An example of how Mycenaean used Minoan culture as a base
 Art and architecture also changed dramatically in the 15th century BCE as Mycenaean culture
absorbed and superseded Minoan culture
Aegean Region
 Dominated by Mycenaean civilization in the aegean lasted from about 1400 - 1100 BCE
 It was during this time that the historical Trojan war happened
 Frank Calvert (1863-1868), Heineich Schliemann and Wilhelm Dorpfeld (1870-1873 and 1879-
1890), and Carl Blegen (1932-1938) excavated at Hissarlik * and proved that it was the site of
Troy (Troy 6 and Troy 7A)
Archaeology of Troy
 9 levels were discovered and 2 main candidates for the site of Troy (Troy 6 and 7 A)
 Troy VI/6 was particularly impressive but was destroyed by an earthquake around 1250 BCE
(also turned out to be to early in history)
 Troy VIIa/7A was destroyed by an invasion around 1150 BCE
 Blegen argued convincingly that Troy VIIa was the Troy of Homer (this is now the accepted
identification)
 Closer to the surface = more current layer
Mycenaean Civilization Collapse
 Around the time of the Trojan War (destruction of Troy), Mycenaean civilization collapsed for
mysterious reasons
 Starting in about 1200 BCE, the great cities were destroyed by fire one by one over the course of
about 2 generations
 Similar destruction occurred all over the eastern Mediterranean from the Hittite Empire in the
each to Sicily in the west
 Egyptian inscriptions describe a powerful invasion of “northern peoples” or “sea peoples”
o Not sure if these people had a plan or anything
Dark Age(s)
 Between 1100 BCE and 900 BCE (the Dark Age(s)) communities were small and simply
organised
 Covers about 3 and a half centuries
 Around 900 BCE they started to get larger and more complex
 It was during the next 150 years that the legends surrounding the Trojan War took shape
 No evidence of written stories, rather oral (left some gaps in knowledge, but continued on
through generations)
Formation of Polis
 The 8th century BCE (700’s) was a time of great change in Greece
 The traditional date of the first Olympic games was 776 BCE, and this is not probably far off
 The Homeric epics were written down during the 8th century (no longer relying on oral
traditions)
 The formation of the polis (pl. poleis)** occurred around this time as well
o City state that was central for community formation (political formation)
o Each polis has its own internal organisation, but there was many similarities among them
o Run by male heads Aristocratic families of the and cooperated with each other to be the
best class, but within their domain they competed against each other to be top dog
 The Greeks also sent out colonies around the Mediterranean and Black seas during the 8th
century
o Due to the spread of hellenic culture and increased influence of the Greeks
o They were not the only ones to do this
Archaic Period
 The 7th century BCE saw the introduction of the hoplite phalanx**, institutionalising warfare
between the Greek poleis
o Warfare could be against another poleis, but they often had similar styles of fighting
which created a spirit of equality within the army
 o No room for individualised heroism
 This was an era of intense competition between classes, as traditional aristocrats resisted
tyrannies and the emerging middle class (eventually was the democratic class)
o Wasn't just a military development, but a social development as well
594 BCE
 Solon the Athenian******* circumvented the competition between tyranny and oligarchy by
reforming the Athenian government
 He eliminated debt-slavery and made political representation based on wealth rather than birth
o Enabled the middle class to take more control of their life
 In 508 BCE, Kleisthenes** further reformed the government of Athens in the direction of
democracy
 The 6th century also saw the beginnings of Greek philosophy thanks to Thales, Anaximander,
and Pythagoras
499 BCE- Precursor for Classical Period
 The cities in Ionia rebelled against Persian rule, and Athens sent to aid the rebels, who were
nevertheless defeated in 494
 Shortly afterwards the Persian king Darius I invaded Greece, but he was defeated not far from
Athens at Marathon in 490
 A subsequent invasion by Xerxes was turned back after battles at Thermopylae, Artemisium, and
Salamis in 480 and finally at Plataea in 479
 Persians were defeated and the Greeks has won
 Marks the end of the Archaic Period
Fifth Century/Classical Period
 Following the victory over the Persians, was the height of Greek civilization
 This was the time of Aeschylus, Sopocles, and Euripides as well as Aristophanes, Socrates,
Pericles, Herodotusm and Thucydides
 The sculptor Phidias created statues such as the Athena Parthenos and the Zeus of Olympia as
well as the frieze and the pediments of the Parthenon in this century
 What people refer to as Ancient Greece
 Was also a time of brutal warfare as a democratic coalition led by Athens and an oligarchic
coalition led by Sparta fought the Peloponnesian War (431 - 404 BCE)
o It was a time of slavery on a massive scale as well
Fourth Century/Classical Period
 Although Athens had loss, they continued to be a model for culture and things
 The time if Plato, Aristotle, and Demosthenes
 When Philip II of Macedon was murdered in 336, the twenty-year-old Alexander became king
 In 323 Alexander died and his empire fragmented
 The death of Alexander marks the end of the Classical Period and the beginning of the Hellenistic
period
Third Century/Hellenic Period
 Operated with classical period as the model and referred to Greece as hellenistic
o Alexander the Great had spread Greek culture
 Was a time of sophisticated learning
 The Stoic and Epicurean schools of philosophy flourished, and the Library and Alexandria was
founded
 There was intense scholarly interest and activity at this time
 Euhemerus and Apollonius of Rhodes, for example, wrote during third century BCE
 Rosetta stone helped us understand hieroglyphics and pre existing culture
 Also saw Rome’s first interventions in Greek affairs, and when the Achaean Confederacy
rebelled against Rome in 146 BCE, Rome defeated the rebellion and destroyed Corinth
  After 146, Rome was the virtually unchallenged ruler of the Mediterranean
Regal Period
 The traditional date for the foundation of Rome was 753 BCE, and there was a town on the site of
Rome at that time
 Early rome was ruled by elected kings, but at the end of the sixth century BCE an aristocracy
overthrew the monarchy and instituted the Republican government
 From an early date, the influence of Greek colonisation in the south of Italy meant that the
Romans connected their traditional Italian gods to the Greek gods
Republican Period
 In 280 BCE the Greek colony of Tarentum in southern Italy enlisted the aid of Pyrrhus of Epirus
to resist Roman conquest
 Rome defeated Pyrrhus in 275 and captured Tarentum in 373, completing the conquest of Italy
(Pyrrhic victory)
 A coin issued by Pyrrhus is our first example of the legend of the Trojan origin of Rome
 Livius Andronicus was brought to Rome from Tarentum as a slave after the war with Pyrrhus
o In 240 BCE at a festival in honour of Jupiter, he staged a tragedy on a Greek subject (the
first regular dramatic text in Latin)
o He then translated the Odyssey into Latin
 The third century BCE was also the time of the First and Second Punic Wars between Rome and
Carthage
 In 218 BCE Hannibal crossed the Alps and ravaged Italy
 Rome decisively defeated Carthage in 201 BCE, but it was not until the Third Punic War (149-
146 BCE) that Carthage was destroyed
Second Century
 The middle of the second century BCE was the time in which Rome established Mediterranean
dominance, but there was great turmoil in the city
 In 133 BCE a radical senator named Tiberius Gracchus was clubbed to death by his colleagues
for trying to pass legislation
 At the end of the second century BCE and the beginning of the first, Rome faced great
difficulties, including a difficult war in Numidia, a slave revolt in Sicily, a series of losses against
the Cimbri and the Teutones, and finally a rebellion of the Italian cities
o The two generals who succeeded in overcoming these challenges, Marius and Sulla,
fought a civil war that only ended when Sulla became dictator in 81 BCE
o Set a path that later men would admire
 The precedent of the civil war continued, and the next generation was the last of the Roman
Republic
First Century/Imperial Period
 The time of Cicero, Pompey, Caesar and Cato as well as Antony, Cleopatra, and Octavian
 The last major battle of the Roman civil wars was the battle of Actium in 31 BCE
 Octavian defeated Antony and Cleopatra, and when he settled affairs in Rome in 27 BCE he took
the name Augustus and became the first Roman Emperor
 Octavian is caesars granddaughter
 Augustus is the first roman emperor (creating a period of relative stability)
 The age of Augustus was a golden age of Latin literature, and some of our best sources for
Roman mythology are from this period
o Virgil’s Aeneid and Ovid’s Metamorphoses are from this time
o More availability of courts to lower classes; peaceful, better period
CE
 The first 2 centuries CE were a relatively stable time in Mediterranean history
o Greatest expansion
  There were some tyrannical emperors, like Caligula and Nero, and there were also some civil
wars over the empirical succession, but in general it was a peaceful time
 In 212 CE, the emperor Caracalla extended Roman citizenship to all free inhabitants of the
empire
Later roman empire:
 The third century CE was a time of increasing instability and frequent civil war, which was ended
only by the powerful emperors Dioletian (285-305) and Costantine (312-337)
o Political instability, but he brought it back
 The gradual Christianization of the Roman Empire after Costantine’s conversion changed but did
not end Rome
 Constantine brought stability back and converted to christianity, soon the entire roman empire
converted as well
 Although the Eastern Roman Empire would continue until Arab expansion in the 7th century CE,
the Western Roman Empire fragmented and was effectively nonexistent after a Germanic general
deposed the last Western Emperor, Romulus Augustulus, in 476 CE
Week 3:
Earliest Evidence for Greek Law
 Homeric texts and the dark ages
 The oldest Greek literature we have is Homer’s Iliad, written sometime in the 8th century BCE
and purporting to represent the 12th century BCE
 Already in the Iliad there is much we can learn about dispute resolution, self-help, and arbitration
Scene on the Shield of Achilles
The people were assembled in the marketplace, where a quarrel had arisen, and two men were
disputing over the blood price for a man who had been killed. One man promised full restitution in
a public statement, but the other refused and would accept nothing. Both made for an arbitrator, to
have a decision, and the people were speaking up on either side, to help both men. But the heralds
kept the people in hand, as meanwhile the elders were in session on benches of polished stone in the
sacred circle and held in their voices. The two men rushed before these, and took turns speaking
their cases, and between them lay on the ground two talents of gold, to be given to that judge who
in this case spoke the straightest opinion.
Iliad 18. 497-508, cited on VerSteeg pg 5
Greek Law in the Archaic Period
 An era of social change
 In the mid-7th century BCE (the Archaic Period), written laws appeared in several places in
Greece
 Traditionally, Zaleucu wrote the first laws for Locri in southern Italy
 One of our most extensive and important early legal inscriptions is from Gortyn on Crete
 The most common Greek word for “laws” was nomos (plural nomoi), which also means custom
 In this way, the Greek view of law was much like common law
 Another Greek word for “law” was thesmos (plural thesmoi), which perhaps comes closer to civil
law
 The Archaic Period was a time of intense competition between oligarchs, tyrants, and democrats
in Greece
 Although this wasn’t always the case, it was often true in archaic Greece that a city in conflict
would ask a neutral person to make laws
o This shows the origin of Greek laws in conflict between powerful men and explains why
Greek laws are so focused on powerful men
 Written laws helped to promote equal treatment, although some inequalities like gender
inequality and slaery were included in the laws
  Written laws also made legal procedures mandatory rather than voluntary and reduced the judicial
discretion of magistries
Draco and Solon
 The first Athenian lawgivers
 Athenian tradition records that Draco wrote the first law code for Athens in 621 BCE
 Draco’s laws had a reputation for being harsh and we get the word “draconian” from him, but this
may be because Draco allowed lethal self-help
 In some instances, however, he made the judicial procedure rather than self-help mandatory
 In 594 BCE, Solon reformed the Athenian government and law code
 He abolished Draco’s laws except for the homicide law
 Solon’s laws were extensive and the Athenians regarded them as the basis of their laws
throughout the classical period
 Solon’s laws and government were more democratic than oligarchic, and one of his more
important acts was the abolition of debt slavery
o He nevertheless wrote his laws largely for purpose of mediating between aristocratic
parties, and under his system it was much easier for aristocrats to take advantage of the
courts than it was for non-elites to do so
 Before Solon, Athens was mostly ruled by the aristocratic council of elders known by the name of
their meeting place: the Areopagus, which means “the hill of Ares”
 They ruled the polis together, and each one was a member of an aristocratic family
 The Greek word for household is oikos (plural oikoi)
 The head of a household was a kyrios
 By the time of Solon, the nine Archons were the most important magistries and the Arepahis was
made up of former Archons
 In the 6th century they were elected, and in the 5th century the Athenians would elect a short list
and then choose the archons from that list by lot
 At some point allotment replaced election even for the preliminary stage
 The archons were:
Basileus (king, in charge or religious matters)
Polemarchos (war leader)
Eponymous archon (the year was named after him)
Six thesmothetai (judicial officials)
Legal and Political Structures
 Jury and courts and magistrates in the Archaic and Classical Periods
 Before Solon, magistrates would decide legal cases themselves
 Solon allowed litigants to appeal and magistrate’s decision and he set up a court (he called the
Heliaia)
o Sometimes spelled Eliaia
 At first it seems that the Heliaia was just the Ekklesia called by a different name
 Over time, the Heliaia evolved into a complex system and the word course refer to the whole
system or to an individual court within it
 A magistrate with appropriate jurisdiction would preside over the court and announce the verdict
of the jury
 In the 5th century, the Athenians selected a volunteer pool of 6000 jurors
 Each juror (dikastes) would take the following oath at the beginning of the year: “I will vote in
accordance with the laws and decrees of the people of Athens and of the council of five hundred,
and on matters where there are no laws, I will vote in accordance with the most just opinion.”
 Jurors were citizen men over 30 years old, and in the 450s BCE Pericles instituted a payment of
two obels per day (three obels after 435 BCE) for jury service
o This was less than a day of physical labour would earn, and the stereotype was the jurors
were men too old for physical labour
  The evidence is not fully clear, but it seems that for most of the Classical Period, the standard
jury size was 500, but special cases sometimes had different numbers of jurors, and there is a
report of once case (a graphe paranomon against Speusippus by Legoras in 415 BCE) that used
the full 6000
 As the system of courts developed, the magistrates presided over courts with specialised
jurisdictions
 The jurisdictions of Archons were:
Basileus: religious matters and homicide (with the ephetai as jury)
Polemarchos: cases involving non-Athenians
Eponymous archon: family and inheritance cases
Thesmothetai: all cases not under the jurisdiction of the others
 In addition, other officials has other jurisdictions:
The Eleven: in charge of prisons and executions, but could also try cases of major theft
themselves
Agronomi: cases involving disputes in the Agora
Sitophylakes: cases involving grain
Epimeletai tou Emporiou: cases involving gran in the port (aka the Piraeus)
Eisagogis: cases involving loans and banking
The Forty: the tribe judges conducted most of the preliminary hearing for private cases
 Overtime, the population of Athens grew further and the city also kept closer ties with its allies in
the Delian League
 This necessitated the creation of various boards of minor officials to oversee cases, including the
nautodikai and xenodikai
o These two boards operated from the mid-5th century to the mid-4th century
 In addition to having various types of magistrates with various jurisdictions, the Athenians also
developed a judicial calendar that determined in what month certain kinds of cases could be heard
o For example, the mid-4th century “mercantile cases” (dikai emporikai) could be brought
from Biedromion to Mountikhion (roughly Sept to April)
Political History and the Judicial System
 Legal affairs in the 5th century BCE
 After the lawgivers Draco and Solon, Kleisthenes reformed the Athenian government in 509 BCE
 Under this government, a citizen could propose a new law to the Boule, a council of 500 that
determined the business to be considered by the Ekklesia, which was the full assembly of
Athenian citizen men
 If the Boule agreed to it, the Ekklesia would consider and vote on the new law, which was called
a psephisma (plural psephismata)
 In 410 BCE, the Athenians decided to inscribe the laws of Solon and Draco’s homicide law on
the stone
 As a part of this project, they discovered some contraindication
 Before 403 BCE the contraindications were resolved by the council (Boule) and assembly
(Ekklesia)
 In 404 BCE, Athens lost the Peloponnesian War to Sparta and Sparta imposed a governing board
of 30 on Athens
 These men became known as the Thirty Tyrants and the democratic resistance led by Thrasybulus
overthrew them restored the democracy in 403 BCE
 After the re-inscription of the laws and the reestablishment of the democracy in 403 BCE, the
formal laws inscribed on stone were officially called nomi to distinguish them from psephisma,
which is translated as “decrees”
 As a part of the restoration of the democracy, the Athenians decided that no law was valid unless
it had been inscribed on stone during the reinscription of 410-403 BCE and that no prosecution
could be brought for actions taken before the restoration of the democracy
  Moreover, the restored democracy established a board of Nomothetai, or legislators
 The Nomothetai conducted an annual review of all the laws to resolve contraindications
 In addition, during the first meeting of the Ekklesia every year citizens could propose new laws
and changes to existing lawd
 If the assembly voted to change or add a law, the Nomothetai would review the change, and if
they approved it, they would inscribe and announce it
 In the late 5th century, around the same time as the reinscription of the laws, Athens also
introduced a procedure known as graphe paranomon
 This was a charge against someone proposing a law or decree that was contrary to already
established laws
Legal Procedures in 5th Century Athens
 Private cases
 The historical root of Greek law, as we saw in the Iliad was arbitration of a dispute between two
people
 In Classical Athens, the simplest and fastest way to resolve a dispute legally was through
arbitration
 Although any citizen could serve as a private arbitrator, the state also required male citizens over
the age of 59 to serve as public arbitrators
 In the Classical Period, if two Athenians had a private legal dispute, the plaintiff would approach
the four of his tribe
 If the amount in dispute was more than ten drachmas, the judges would refer the case to a public
arbitrator
 If the two parties were satisfied by the arbitrator's decision, it was binding, but either party could
appeal the decision and demand a jury trial
 Arbitration was for private cases
 Athens distinguished between private cases, called a dikai ideal (singular dike india) and public
cases, called dikai demosiai (singular dike demosia)
 Because the most common forms of public cases involved filing written charges, dikai demosiai
were commonly called graphai (singular graphe) and dikai idiai were commonly called simply
dikai
 The major procedural difference between public and private cases was that private cases could
only be initiated by the aggrieved party, or in the case of homicide by the relatives of the victim,
while public cases could be initiated and prosecuted by any citizen in good standing
 Solon made the distinction to allow citizens to look out for the public interest even if they were
not directly harmed
Legal Procedures in 5th Century Athens
 Public cases
 Public cases developed a more complicated set of procedures than private cases did
 The most important types of procedures for public cases were:
Apagoge: the prosecutor arrests the defendant and beings him to the appropriate magistrate
Ephegesis: the prosecutor goes to get the appropriate magistrate and brings him to the
defendant
Endeixis: the prosecutor goes to the magistrate and receives permission to arrest the
defendant himself
Apographe: the prosecutor writes a list of state property wrongfully held by the defendant
Eisangelia: the prosecutor denounces the defendant before the Ekklesia, Boule, or Archon,
which can then decide to try the case immediately
Probole: the prosecutor denounces the defendant before the Ekklesia, which decides whether
to refer the case to a jury
 In addition to the regular public, there were a couple of similar procedures that were not exactly
public, but were similar:
 Dokimasia: an examination of candidates for office by the Thesmothetai
Euthynai: a review of performance in public office by a special board of ten appointed by the
Boule
 All of these procedures were for public cases, and they were initiated by volunteer prosecutors
 To encourage volunteers, Solon instituted various financial rewards for victorious volunteer
prosecutoes, usually a percentage of the fine
 One of the problems of offering financial rewards for volunteer prosecutor was so-called
sycophancy
o To discourage this, any prosecutor who abandoned a case after it had started, or failed to
get at least 20% of the jurors to vote for him was fined 1000 drachmas
o In more severe cases, it was possible to prosecute a man for sycophancy, in which case
the penalties could be more severe
 In addition to volunteer prosecutors, there were so-called Synegori (singular Synegoros)
 There were some special kinds of occasion when Athens used Syngori
 First, ten were chosen by lot annually to preside over the euthynai, or review of magistrate
performance
 Second, when the Ekklesia referred a case to a jury trial, it could also appoint a special prosecutor
 Finally, Synergy defended the present laws against proposed changed before the Nomothetai
How did the Courts Work? - A Sample Trial at Athens
 Once it was determined that a case would go to a jury trial, it was the responsibility of the
plaintiff to file the complaint and pay a filing fee
 He then informed the defendant of the date of the trail, the presiding magistrate, and the
substance of the complaint or charge
 If the plaintiff won, the defendant would have to reimburse him for the filing fee
 When the plaintiff and defendant appeared in court on the appointed day, this was for a
preliminary hearing in which the magistrate asked the defendant whether he admitted or denied
the charges
 During the preliminary hearing, the defendant could make a procedural challenge
 Sometimes this challenge depended on a fact that could be disputed
o eg. if the case involved a non-citizen in the early 5th century, it would normally be heard
by the Polemarch
o A defendant could call a witness to assert that he was an Athenian citizen and so the
Polemarch should not hear the case
o Such a witness statement was called diamartyria
 Beginning in the late 5th century it was also possible to initiate a counter-prosecution in which
the defendant claimed that the plaintiff was bringing the case in some way contrary to the law
o For example, a defendant could assert that the matter had already been decided by
another court
o This procedural challenge was called paragraphe
 On trial day, the plaintiff spoke first, and then the defendant
 The length of the speeches was limited by a water clock
 In Classical Athens, lawyers did not speak on behalf of clients
o Rather, the plaintiff and defendant spoke for themselves
o Often a litigant would hire a speechwriter called logographer (in Greek, logographos,
plural logographoi)
 The speeches by the litigants included all of the evidence and witnesses
 There was no procedure for cross-examination
 The litigants would be responsible for presenting the relevant laws and producing documentary
and physical evidence
  In the 5th century witnesses testified orally, but in about 375 BCE a law required witness
statements to be submitted in writing, although witnesses were generally present and could be
summoned to testify to the truth of their statements
 Most of the time, women, children and disenfranchised citizens could not testify at all, and
evidence given by slaves was only admissible if it was obtained under torture
 After the speeches, the jury voted immediately without any instruction or deliberation
 In the 5th century the jurors voted by putting a pebble in either the urn for the plaintiff or the urn
for the defendant
 In the 4th century, the jurors voted by placing in one urn a solid bronze disk or a bronze disk with
a hole in it
 The verdict was decided by a simple majority, and a tie was victory for the defendant
 If the jury decided for the plaintiff, then the penalty phase would begin
 In some cases, the penalty was determined by law, but in many cases the plaintiff and the
defendant each made a speech suggesting a penalty, the jury voted for the one they thought was
more appropriate
 Possible penalties included damages to be paid to the plaintiff, a fine, confiscation of property,
atimia (disenfranchisement), confinement in sticks, exile, and death
 Although there was no appeal procedure, it was possible that a defendant who had failed to
appear and was convicted by default could get a retrial if he appeared within two months
 It was also possible to sue a witness for giving false testimony, and if this was proven the penalty
could be revoked or the false witness could be made to compensate the victim
Miscellaneous ‘Crimes’ - Special Cases
 Many actions that we would consider crimes could result in private cases (dikai) in Athens
 Homicide in particular involved special procedures and the Basileus presided over homicide trails
because they were religious matters
 The Ephetai, a special panel of 51 member of the Areopagus, serves as the jury
 The procedure involved a pronouncement that the defendant must not enter temples, law courts,
the Ekklesia, or the Agora
 The procedure was designed to cleanse miasma
 Theft is also an interesting case, as many thefts were felt with summarily by “The Eleven”, who
were in charge of prisons and executions
 They were authorised to execute summarily kinds of thieves if they admitted guilt
 Also, forcible theft was an example of an action that could result in both compensation to the
victim and payment to the state
 It was also permissible for a kyrios, the head of a household, to kill a man who seduced a free
women of his household if he caught then in the act
o Prostitution was not illegal, but there was some restrictions
 There are a variety of other “crimes” listed in VerSteeg, including hubris (outrage) and asebeia
(impiety)
 It was also possible to use the procedure called eisangelia to prosecute wrongs that were clearly
wrong but did not technically have a law against them
 Modern common law calls civil wrong “torts”
 Although Classical Athens did not have this category, many modern torts were subject to legal
penalties in Athens
o Examples like battery (dike aikeias), false imprisonment (dike herigmou), defamation
(dike kakegorias), and a variety of actions including breach of contract and property
damage (dike blabes)
Week 4:
Plot Summary of the Oresteia- Myth and Background
 Tantalus was really rich and so awesome and gods came to his house for dinner
  His son, Pelops, made a meat pie of his brothers children
 Hades had just raped his daugher Persephone and accidentlt ate a little bit of the shoulder off
 Not really sure what even happened
o Two instances of eating relatives for dinner
The House of Atreus

 Pelops was married to Hippodamia and had 6 sons and 2 were Thysetes and Atreus and the
brothers got along well until they tried to take over their dads throne
 Atreus banished Thysetes for trying to take over his throne and he also found out he slept with his
wife
 Atreus pretended he wanted to be friends again and invited his brother over for dinner and then
killed his children and served them to their father for dinner
o After dinner he smirked and said “ha, guess what you just ate”
 He still wasn’t satisfied so he banished Thyestes again
 Atreus also had two kids and one of them Clytaemestra, who had a wife and they had 3 kids
o Clytaemestra and his wife sacrificed one of their kids (Iphigeneia) to make their family
more desirable
5 Things to Know
Title: italicised or underlined
the Oresteia in this case or Aeschylyus’s Oresteia
Within the title, the word ‘the’ is only capitalised if it’s part of the title (eg. The Libation
Bearers, and The Eumenides, but NOT The Oresteia)
Author: Aeschylus or Aiskhylos, which is more direct from the Greek alphabet
Date: first produced in the trilogy in 458 BCE, late in the author's career
Location: Aeschylus lived in Athens, and although he sometimes travelled to Sicily to present his
plays, he first presented the Oresteia
Language: wrote in ancient Greek and specifically the dialect of Attic Greek, which was the Greek
of classical Athens
Greek Theatre
 The theatre of Athens was called Dionysus
 Every year in march there was a great festival were people could present their art in a chance to
win a prize
 Around the time when Kleisthenes was established (509 BCE)
o There was a connection between this time, the plays, and the democratic politics of
Athens
o Talks about contemporary Athenian issues, included arbitration
 They would present 3 trilogies around this time at the festival, and often they were not related but
Aeschylus liked to make his related (like Oresteia)
 Aeschylus won the festival for the first time in 499 BCE and continued to win 13 other times
o He did NOT write any comedies
 o Presented Oresteia in 458 BCE
o He created a choral lyric
The Agamemnon
146-159
 Healer Apollo, I pray you let her not with crosswinds bind the ships of the Danaans to long-time
anchorage forcing a second sacrifice unholy, untasted, working bitterness in the blood and fearing
no man. For the terror returns like sickness to lurk in the house; the secret anger remembers the
child that shall be avenged. Such, with great food things beside, rang out the voice of Calchas,
these fatal signs from the birds by the way to the house of the princes, wherewith in sympathy
sing sorrow, sorrow: but good win out in the end.
o Democratic state takes over crime and punishment
o Responsibility for justice in the private sphere
369-383
 A man thought the god designed not to punish mortals who trampled down the delicacy of things
inviolable. The man was wicked, The curse on great daring shines clear; it wrings atonement
from those high hearts that drive to evil, from houses blossoming to pride and peril. Let there be
wealth without tears; enough for the wise man who will ask no further. There is not any armour in
riches against perdition for him who spurns the high altar of Justice down to the darkness.
914-929
 Daughter of Leda, you who kept my house for me, there is one way to welcome matched by
adsense well. You strained it to great length. Yet properly to praise me this belongs by right to
other lips, not yours. And all this- do not try in woman’s ways to make me delicate, nor, as if I
were some Asiatic bow down to Earth and with wide mouth cry out to me, nor cross my path with
jealousy by strewing the ground with robes. Such state becomes the gods, and non beside. I am a
mortal, a man; I cannot trample upon these tinted splendours without fear thrown in my path. I
tell you, as a man, not god, to reverence me. Discordant is the murmur at such treading down of
lovely things; while God’s most lordly gift to man is decency of mind. Call that man only blest
who has in sweet tranquillity brought his life to close.
1275-1285
 And now the seer has done with me, his prophetess, and led me into such a place as this, to die.
Lost are my father’s altars, but the block is here to reek with sacrificial blood, my own. We two
must die, yet die not vengenless by the gods. For there shall come one to avenge us also, born to
slay his mother and to wreak death for his father’s blood. Outlaw and wanderer, driven far from
his own land, he will come back to cope these stones of inward hate. For this is a strong oath and
sworn by the high gods, that he shall cast men headlong for his father felled.
1372-1378
 Much have I said before to serve necessity, but I will feel no shame now to unsay it all. How else
could I, arming hate against hateful men disguised in seeming tenderness, fence high the nets of
run beyond overleaping? Thus to me the conflict born of ancient bitterness is not a thing new
thought upon, but pondered deep in time. I stand now where I struck him down. The thing is
done. Thus have I wrought, and I will not deny it now. That he might not escape nor beat aside
his death, as fishermen cast their huge circling nets, I spread deadly abundance of rich robes, and
caught him fast. I struck him twice. In two great cries of agony he buckled at the knees and fell.
When he was down I struck him the third blow, in thanks and reverence to Zeus beneath the
ground, the prayed-for Savior of the dead.
1401-1406
 You try me out as if I were a woman and vain; but my heart is not fluttered as I speak before you.
You know it. You can praise or blame me as you wish; it is all one to me. That man Agamemnon,
my husband; he is dead; the work of this right hand that struck in strength of righteousness. And
that is that.
1560-1566
  Here is anger for anger. Between them who shall judge lightly? The spoiler is robbed; he killed,
he has paid. The truth stands ever beside god’s throne eternal: he who has done shall suffer that is
law. Then who shall tear the curse from their blood? The house is glued to ruin.
1654-1661
 No, my dearest, dearest of all men, we have done enough. No more violence. Here is a monstrous
harvest and a bitter reaping time. There is pain enough already. Let us not be bloody now.
Honoured gentlemen of Agros, go to your homes now and give way the stress of fate and season.
We could not do otherwise than we did. If this is the end of suffering, we can be content broken
as we are by the brute heel and angry destiny. Thus a woman speaks among you. Shall men deign
to understand?
The Libation Bearers
117-122
Chorus: Remember, too, the murderers, and agaisnt them…
Electra: What shall I say? Guide and instruct my ignorance.
Chorus: Invoke the coming of some man, or more than man.
Electra: To come and judge them, or to give them punishment?
Chorus: Say simply: “one to kill them for the life they took.”
Electra: I can ask this and not be wrong in the gods’ eyes?
Chorus: Of course, to hurt your enemy when he struck first
400-404
It is but law that when red drops have been spilled upon the ground they cry aloud for fresh blood. For the
death act calls out on Fury to bring out those who were slain before new ruin or ruin accomplished.
466-475
O pain grown into the race and blood-dripping stroke and grinding cry of disaster, moaning and
impossible weight to bear. Sickness that fights all remedy. Here in the house resides the cure for this, not
to be brought from outside, never from others but in themselves, through the raw brutal bloodshed. Here
is the song sung to the gods beneath us.
668-672
Friends, tell me only what you would have, and it is yours. We have all comforts that go with a house like
ours, hot baths, and beds to charm away your weariness with rest, and regard the temperate eyes. But if
you have some higher business, more a matter of state, that is the men’s concern and I will tell them of it.
913-923
Orestes: No. You bore me and threw me away, to a hard life,
Clytemestra: I sent you to a friend's house. This was no throwing away.
O: I was born of a free father. You sole me.
C: So? Where then is the price I received for you?
O: I could say. It would be indecent to tell you.
C: Or if you do, tell also of your father’s follies.
O: Blame him not. He suffered while you were sitting here at home.
C: It hurts women to be kept from their men, my child.
O: The man’s hard work supports the women who sit at home.
C: I think, child, that you mean to kill your mother,
O: No. It will be you who kill yourself. It will not be I.
924-930
C: Take care. Your mother’s curse, like dogs, will drag you down.
O: How shall I escape my father’s curse, if I fail here?
C: I feel like one who wastes live tears upon a tomb.
O: Yes, this is death, your wages for my father’s fate.
C: You are the snake I gave birth to, and gave the breast.
O: Indeed, the terror of your dreams saw things to come clearly. You killed, and it was wrong. Now suffer
wrong.
980-990
Behold again, o audience of these evil things, the engine against my wretched father they devised, the
hands’ entanglement, the hobbles for his feet. Spread it out. Stand around me in a circle and display this
net that caught a man. So shall, not my father, but that great father who seeds all, the Sun, look on my
mother;s sacrilegious handiwork and be a witness for me in my day of trial how it was in all right that I
achieved this death, my mother’s: for of Aegisthus; death I take no count: he has his seducer’s
punishment, no more than law.
1025-1031
But while I hold some grips still on my wits, I say publicly to my friends: I killed my mother not without
some right. My father’s murder stained her, and the gods’ disgust. As for the spells that charmed me to
such darling, I cite above all the seer of Pytho, Loxias. He declared I could do this and not be charged
with wrong.
The Eumenides
213-224
You have made into a thing of no account, no place, the sworn faith of Zeus and Hera, lady of
consummations, and Cyris by such argument is thrown away, outlawed, and yet the sweetest things in a
man’s life come from her, for married love between man and women is bigger than oaths, guarded by
right of nature. If when such kill each other you relent so as not to take vengeance nor eye them in wrath,
then I deny you your manhunt of Orestes goes with right. I see that one cause moves you to strong rage
but on the other clearly you are unmoved to act. Pallas divine shall review the pleadings of this case.
261-272
It shall not be. His mother’s blood spilled on the ground can not come back again. It is all soaked and
drained into the ground and gone.
You must give back for her blood from the living man red blood of your body to suck, and from your own
I could feed, with bitter-swallowed drench, turn your strength limp while yet you like and drag you down
where you must pay for the main of the murdered mother, and watch the rest of the mortals stained with
violence agaist god or guest or hurt parents who were close and dear, each with the pain upon him that his
crime deserves.
470-484
The matter is too big for any mortal man who thinks he can judge it. Nor yet do I have the right to analyse
cases of murder where wrath’s edge is sharp, and all the more since you have come, and clung a clean and
innocent supplicant, against my doors. You bring no harm to my city, I respect your rights. Yet these, too,
have their work. We cannot brush them aside, and if this action so runs that they fail to win, the venom of
their resolution will return to infect the soil, and sicken all my land to death. Here is dilemma. Whether I
shall let them stay or drive them off, is a hard course and will hurt. Then, since the burden of the case is
here, and it rests on me, I shall select judges of manslaughter, and swear them in, establish a count into all
time to come.
485-489
Litigants, call your witnesses, have your proofs as evidence under bond to keep this case secure. I will
pick the finest of my citizens, and come back. They shall swear to make no judgement that is not just, and
make clear where in this action the truth lies.
734-743
It is my task, to render final judgement here. This is a ballot for Orestes I shall cast. There is no mother
anywhere who gave me birth, and, but for marriage, I am always for the male with all my heart, and
strongly on my father’s side. So, in a case where the wife has killed her husband, lord of the house, I shall
not value her death more highly than his. And even if the votes are equal Orestes is the winner.
858-866
Only in this place that I haunt do not inflict your bloody stimulus to twist the inward hearts of young men,
raging in a fury not of wine, noe, as if plucking the hearts from fighting cocks, engraft among my citizens
that spirit war that turns their battle fury inward on themselves. No, let our wars range outward- may they
range full fierce and terrible, for those desiring high renown. No true fighter I call the bird that fights at
home.
976-986
This is my prayer: civil war fattening on men’s ruin shall not thunder in our city. Let not the dry dust that
drinks the black blood of citizens through passion for revenge and bloodshed for bloodshed be given our
state to prey upon. Let them render grace for grace. Let love be their common will; let them hate with
single heart. Much wrong in the world is thereby healed.
Overview
 Condemns violence and killing and individual within the community
 A connection between Oikos, the household, and its relationship to the polis/community
 In the Oresteia violence directed inward, is within the Oikos (within the house of Athens)
 Generation and generation have been dealing with vengeance and they cannot escape the cycle
 Saying that all violence that takes place within the polis is criminal
o So the courts take what used to be an internal matter for the family and declare it to be
public, and in the process inventing the whole concept of the criminal

Week 6: Moderns criminology and ancient crime:

Questions to think about:
A. What is crime?
B. What causes crime?
C. How can we prevent crime?
D. What should be done when a crime is committed?
Modern and antiquity both have the same questions, just have a different way to answer
them
-

Focus on 2 Major Aspects:

1. Different approaches to aspects of criminology inquiry
2. Development of criminology as a field of study

CHAPTER 1: What is Criminology?

- Argues that it's a flexible subject as it can be looked at from several different perspectives

5 Different Approaches to Criminology as a Discipline

1. Legal: law breaking behaviour
a. Solid, basic and necessary approach
b. Law needs to exist
c. Law varies from place to place - very culturally and historically specific
d. An advantage for us because we can look back and discuss the precise laws and have a firm
grasp and have a solid snapshot
e. Limitations when we try and find a broader common ground
f. Leaves out the extent of the nature of criminals (no larger picture)

2. Moral: what is morally wrong (may or may not be a law)

a. Eg. Pedestrians walking at crosswalks is a legal law but not a moral law because people cross
at places that aren't cross walks all the time (doesn't make you a criminal - not immoral)
b. But some things we may think are illegal, aren't - they're still legal to do even thought they
may be immorally wrong (ie. Selling legal opioids to people who abuse opioids and then
profiting off it)

3. Social: socially specific nature of the crime

-Ancient Greeks didn’t discriminate between law breaking or breaking social norms
Both acts went against 'nomos'
-Judges made decisions on what they think is right
-Behaviour that violates social norms, whether there is a specific law against it

4. Humanistic: certain basic human rights that transcend regardless of culture

a. Universal- defines criminal in the same way for all of humanity
b. But how applicable is it?
-Think 5 basic human rights

5. Social Constructionist: involves the community and society as a whole

a. There is nothing natural, universal, or essential about the idea of crime
b. Crime is part of the social fabric of communities created by those who run the society
c. The people in charge make the rules - they can make things seem natural and universal
d. Eg. The idea of homosexuality, the of idea or an identity didn't really exist in the ancient
times (they were a lot more
focused on grouping people)
e. Thinks not only about what acts are criminal, but what people are criminal - see next note

NOTE:
-recall that now institutions are focused around rehabilitation and correcting the persons
behaviour, whereas before they looked at things as a problem within the community, not fixing
a problem within the individual criminal
- In the modern world, criminality is about the criminal
- In the ancient world, criminality is about the community
-Think about how "being a criminal" is different than "a person that commit a crime" (the
language we use)
○ Which one signifies part of the person’s identity vs. just something they did
○ This connects to homosexuality (someone who is homosexual vs. a homosexual person)

Main Approaches to 19th and 20th Century Criminology:

1. Biological Positivism (Lombroso): wanted to study crime from a scientific standpoint
-Lombroso was a prison psychiatrist and believed that criminals were biologically different
from other people
-Measured very physical characteristics of criminals - still present today because we judge
criminals based on their appearance and are quick to judge (racism)
-Eg. Measuring the distance between people’s eyes
 2. Social Positivism (the Chicago school): similar idea to biological but focuses on the
common social characteristics of criminals
a. Aspects of relationships between the individual and their society
b. Zone of transition: the inner city

3. Psychological positivism: rather the psychological characteristics that define the criminal
-Primarily internal factors
-Studies are on the criminal - rather than the crime itself
-However, positivists focus on the nature of the criminal person conditions and the way we
think about the crime
-Positivist criminology associates personal characteristics with some criminality
○ It privileges some kinds of crime and criminals over others
○ This affects our own assumptions about who is likely to be criminal and who is not
-Example: Homer's epic (Iliad)- Achilles and Agamemnon have a big argument in front of the
council over the distribution of war captives and Achilles is about to draw his sword and Athena
appears and is behind him telling him not to draw his sword
- She tells him to use his words and not violence and Achilles listens to her
-No one can see her in this seen, only Achilles can hear her because she is not an external force
that can be seen, she can referred to as Achilles psychology (she is an external representation
of Achilles' practical wisdom)

Looks for causes to prevent violence in the psychology of people:

-In the Iliad, these ideas are expressed through the imagery of the Olympian gods
-Greek gods in general are representations of internal psychological forces

Criminal other:
-the person who doesn't fit into the boxes of what society expects a criminal to look like
-In antiquity, this was rich white males and now in modern society it is young, poor males that
are part of a racial or ethnic minority

CHAPTER 4: The Search for Criminological Explanation

- Refers more to the nature of the crime rather than the criminals' nature

4 Main Theories
-Rational Choice Theory: the idea that a person commits a crime as a rational decision weighing
the potential benefits against the risks
-Shows that criminals behave in a way that makes sense to us as a cost/benefit analysis
-Eg. When Orestes is deciding whether he wants to kill his mom Clytaemestra, he weighs out
all the pros and cons

Social Control Theory:

-looks at the societal factors surrounding the individual that lead to the crime
-The factors in an individual's life and relationships that would prevent criminal behaviour
Travis Hershey's factors were attachment, commitment, involvement and belief (in terms of
relationships with others)
-Eg. When Orestes is cut off from his family, he has a lack of attachment and commitment
and he is exiled so he doesn't have involvement and he was told he shouldn't have killed his
mom so he also has a lack of belief

Relative Deprivation:
-the idea that people commit crimes because other people are better off and the criminals want
to even things out
-Generalizes it to say that anybody, no matter how well off, can feel deprived of something in
relation to some other group
-Eg. Orestes is a rich white guy but he felt deprived of his rightful place as a ruler of Argos,
that Clytaemestra had somehow usurped what was rightfully his as the son of Agamemnon
-Also another example is Clytaemestra herself, she is deprived of her child (Iphigenia)
because Agamemnon had sacrificed her to get favourable winds for sailing and when she did
return home one night her place in bed was taken by Agamemnon's sex slave Cassandra
-Relative deprivation isn't just about money, it's about what you feel is yours
-Doesn't aim to contradict any other factor, is just another tool we can use to understand
why people commit crimes

Hegemonic Masculinity:
-expectations that men are supposed to be violent
-Explains why Orestes rather than his sister killed their mom, because he had much more
societal pressure to succumb to
-Even today, men are still much more likely to be involved in crime, either as criminals or as
victims of crime
-Mostly because of their social expectations of their gender

CHAPTER 5: Thinking About the Victim of Crime

-Most likely victims: young, poor men who are members of an ethnic or racial minority and do
not live with family
-Most visible victims: people perceived as vulnerable, especially elderly women
Society expects certain people to be victims, and these are the people that are publicly seen
through media as victims of crime
-Even throughout Oresteia, when someone commits a crime, they come off as masculine but
when they are advocating to not commit a crime, they appear very feminine

Week 7: Athens and Draco’s homicide law:

KEY POINT: the defendant presents himself as the victim of the crime and he's going to present
the man that he murdered as the real criminal
- Relies and plays on the juror’s idea of who a criminal is
The Five Things
Author: Lysias was a speechwriter in Athens
1. He was not an Athenian citizen, but a metic, or resident alien
2. Was born in the 5th century (mid 400s BCE) his dad's name was Cephalus
3. After his dad died, Lysias and his brother (Polemarchus) travelled to Thurii in Italy
4. They studied rhetoric while in Italy, there was a war going on (Peloponnesian War) and in 415
BCE invaded the town he was in
5. 30 tyrants then took over and exiled his brother
Title: we have a collection of speeches by Lysias, in which this speech is the first one (often
called

Lysias 1 - or known by its subject "On the Murder of Eratosthenes"

-Date: we don't exactly know when Lysias wrote the speech, but we do know that he wrote it
sometime after 403 BCE and probably before 380 BCE
-Or early part of the fourth century

Location:
-he lived in Athens and this speech was delivered in Athens
-Language: Lysias wrote in ancient Greek, and specifically the dialect of Attic Greek, which was
the Greek of classical Athens
-His style is a clear good example of something called attic style
-which is a model for future writers all around the Mediterranean

Lysias 1 -
Defendant = Euphiletos
Plaintiff = the family of Eratosthenes (the victim)
- Might have just been a case for show and not actual real

Euphiletos admits that he did kill Eratosthenes, but he says it was justified, and therefore it
wasn't murder
Euphiletos found out that Eratosthenes was sleeping with his wife, so he made him admit it
and then ended up murdering him, which is legal under Draco's Homicide Law

Draco's Homicide Law

-If a man kill another unintentionally in an athletic contest, or overcoming him in a fight on the
highway, or unwittingly in battle, or in intercourse with his wife, or mother, or sister, or
daughter, or concubine kept for procreation of legitimate children, he shall not go into exile as
a manslayer on that account (Demosthenes)
-Oldest law still in effect in classical Athens, only one that Solon did not repeal

In Lysias, we call it a summary of execution

-The law demands that adulterers caught in the act, must be executed on the spot
Recall: The Libation Bearers 989-99
...for of Aegisthus' death I take no count
he has his seducer's punishment, no more than the law.
- Seducers are liable for summary execution according to the law
- Same idea we see in Lysias - this is fine for seducers
-The law says nothing about summary execution for seducers, but there is a cultural
understanding that you can kill men on the spot who are caught seducing their wives
- The actual fine for adultery was a fine - paying compensation
BUT...
Lysias states that Euphiletos carried out the prescribed legal punishment for adultery, which he
says is summary execution, and he is wrong in saying that
-He also said that Eratosthenes was a bad man so he was right for executing him

The law is twisted to justify his act of homicide

○ But this also is a great case to showcase Draco's Homicide Laws

Lysias 1: On the Murder of Eratosthenes

[1] I would be very grateful, gentlemen, if you, the jurymen in this case, judged me as you
would judge yourselves, were you to go through the same sort of experience. For I understand
if you are employed the same standards for others as you do for your own behaviour, there is
not a single one of you who would not be furious at what has happened. In fact, all of you
would consider penalties light for those who practice such things.
-Violence inside the community is bad and violence inside the community is good - he is trying
to establish a group of insiders
-He is making the community people like Euphiletos and the jurors, and outside people like
Eratosthenes
-May even be heroic to commit crimes done to people that are outside the community

[3] I believe, then, that all of you have the same opinion about the severity of the punishment,
and that no one considers the matter to be so frivolous that he supposes that those guilty of
such acts should be pardoned or deserve light penalties

[4] I believe, gentlemen, that what I have to demonstrate is this: that Eratosthenes seduced my
wife and corrupted her, that he brough shame on my children and insulted me by entering my
house, that there was no cause for enmity between him and me apert from this, and that I did
not commit this deed for money, to make myself rich instead of poor, nor for any other
advantage except revenge, as the law allows.
-He's not defending himself against an accusation, rather punishing a crime
-Accuses Eratosthenes of being a seducer
-Recall: the position of women within the oikos (household); they were under the protection
of the Kyrios (husband/male authority figure)
-Sex life was very important because you needed to know who the parents of the baby
are in order to determine property inheritance
-Men's sex life was important when a man sleeps with a citizen women who might
otherwise produce heirs
-Recall - Draco's law: " or concubine kept for the procreation of legitimate
children"
-Seducers just confused the issue of inheritance, which is why they were so hated
-Euphiletos 'truthiness' was enhanced by the fact that it wasn't just his wife that
Eratosthenes seduced, it was a repeated action

[5] Later, gentlemen, after some time had passed during which I remained quite ignorant of the
terrible way I was being treated, an old women came up to me. She had been sent on secret by
a women with whom that individual was having an affair, as I later heard. The women was
angry, thinking herself badly treated because he no longer visited her as he had, so she waited
until she found out the cause.
-The issue was the Eratosthenes was a seducer, this was his defining characteristic

[6] Well, the old women, who had been watching for me near my house, came up to me and
said,"Euphiletos, do not suppose that I have approached you from any desire to interfere with
your business. The person who is disgracing you can your wise happens to be our mutual
enemy. If you catch your slave, the one who goes to the market for you and waits on you, and if
you torture her, you will find out everything. It is, " she said, "Eratosthenes from the deme of
Oea who is responsible for this; he has not only seduced your wife but many other women, too.
It's his specialty"
-Strategy here is to deemphasize the particular action Eratosthenes misdeeds and to stress
instead his bad character as a person
-Not punishing a criminal act, but a criminal person

[24] We took torches from the nearest inn, and entered -- the door was open because the girl
has seen to it. We pushed open the door of the bedroom, and those of us who were the first to
enter saw him still lying next to my wife; the ones coming in later saw him standing naked on
the bed
-Planted the idea of Eratosthenes being a bad character so Euphiletos can expect the jurors to
sympathize with him

[25] I struck him, and knocked him down. Then I twisted him round and tied his hands behind
his back. I asked him why he was disgracing my house by entering it. He confessed that he was
in the wrong, and begged and entreated me not to kill him, but to agree to a financial
settlement.
-How Euphiletos killed Eratosthenes

[26] I said to him, "Your executioner is not I, but the law of the city, whose violation you
thought less important than your pleasures. It was your choice to commit an offence like this
against my wife and my children, rather than to obey the laws and behave properly."
-Euphiletos twists the law to suit his own purposes He represents his actions as carrying out the
results of a public case
-Stating that Eratosthenes was a harm to the community as a whole
-Recall: being on trial for murder is called Dike
-This connects to Orestes statement to Clytaemestra that it wasn't Orestes, but Clytaemestra
herself was killing her
-Justice of violence is not the responsibility of the perpetrator

[29] He did not argue, gentlemen, but confessed that he was in the wrong; he begged and
pleaded not to be killed and was ready to pay money in recompense. I did not agree with his
offer; I considered that the law of the city was the greater authority, and I exacted that penalty
you considered the most just, and that you ordained against those who practice such crimes.
Now bring forward the witnesses of these events
-Lysias wants the jurors to interpret the law as though the penalty for adultery was death. -
Recall that the jurors are 500 ordinary Athenian citizens that may not be experts in the law

[31] Moreover, the lawgiver so strongly believed this to be the right course of action in the case
of married women that he imposed the same penalty even in the case of mistresses, who are
worth less than wives. Yet it is clear that, had he any better form of redress than this for
married women, he would have introduced it. As it was, he could not discover a more powerful
deterrent than this in their case, and he decided that the same penalty should apply even in the
case of mistresses.
-When the lawgiver is referred to it means Draco's Homicide Law
-This law makes no distinction between mistresses and wives
-Argues that there should be a harsher penalty for seducers that sleep with people's wives,
but there is no harsher penalty than death
-The concern is with women who may be involved in the production of legitimate
children
-Greek men were always anxious to ensure that their children were their own so
women's chastity and their faithfulness was essential (why Draco's law includes
mistresses)

[32] You hear, gentlemen, that it lays down that if anyone rapes a free man or child, he owes
double the damages. If he rapes a woman, in those cases that carry the penalty of death, he is
liable at the same rate. Thus, gentlemen, rapists are thought to deserve a lighter penalty than
seducers, because the law condemned the latter to death, but assigned double the amount of
the damages to the former
-According to the Athenian law, rapists pay a fine that is twice the value of simply being an
adulterer, but seducers pay with their lives
-But in actuality the law prescribes a harsher penalty for rape than for seduction
-Lysias is counting on the anxiety surrounding seduction

[33] The assumption is that those who achieve their aims by force are hated by those they have
violated, while seducers so corrupt the souls of their victims that they make other men's wives
more intimate with them than they are with their husbands. They make the whole house theirs,
and it becomes unclear to which father the children belong, the husband of the seducer.
Because of this the lawmaker assigned death as the penalty for seducers.
-This last line is a total lie, not true

[36] I expect you to come to the same conclusion. Otherwise, you will create such a safe haven
for seducers that you will find thieves claiming to be seducers in complete confidence that, if
they put forward this excuse for themselves, and claim that this is why they are entering other
people's home, no one will lay a finger on them. Everyone will know that the laws on adultery
must be renounced, and that what they have to fear is your vote, because it is the supreme
authority in the state.
-Lysias states that they need to acquit Eratosthenes or else the laws will be meaningless
-Social disorder will result because if they convict him, they're basically saying that
adultery is okay
-Having the capital punishment will deter criminals from committing seduction because the
cost benefit analysis will be weighed differently (fits rational choice theory)
-No longer a positivist approach about seducers, but rather an application of rational
choice theory which gives it a modern resonance

Main Message of Case

-Shows us how much representation and identity matter in cases
-It's not so much the law that matters, but the characters of the individuals involved
-Showcases that technicalities over the law can be overridden by cultural norms and
Perceptions
-Athenians to some extents were worried about inheritance and sexuality in such a way that
led them to believe that seduction should be a capital offence

Week 8: Greek Philosophy of crime:

This weeks reading: Plato's Gorgias

- Written in the 4th century BCE
-About dialogue rhetoric (which is the attempt to persuade you of something)
-Rhetoric plays a role in our lives in the form of fake news
-Fake news originates from the idea that there is no objective source of information
- Connects to how we think about criminals or crimes and the whole idea of justice

Main character is Socrates and -

a. He lived from 469-399 BCE in Athens
b. He was married to Xanthippe and had 2 sons
c. The fought bravely in the Peloponnesian wat
d. As epistates of the prytaneis he refused to try the generals of the battle of the Arginusae as a
group
-The Athenian assembly needed people to convene it and conduct day to day business and by a
multistage process of drawing lots, 50 men would end up being chosen as
prytaneis/presidents
-As one of these prytaneis, you had a chance to be chosen as the epistates which was the
person who managed daily cases/things
-Socrates was the epistates when the assembly was to vote on the issue of the generals at
Arginusae (small islands)
-Arginusae was the site of the naval battle (in 406 BCE) between 120 -Spartan warships and 150
Athenian ones and the Athenians won
-But the Athenians couldn't rescue the survivors that who had been thrown off the ships
because of the storm generals
-The public was very angry that the generals did this and emotion was put before the assembly
to try then as a group on capital charge
-Socrates went against what the people wanted but people overruled his decision, but in the
end the public ended up wishing they listened to him
-Whole point of the story is to show that Socrates is not afraid to stand up and voice his
opinion

Defied social customs:

-In 399 he was tried for and convicted of introducing new gods and corrupting young men
-He was tried because he made enemies while the 30 tyrants were in charge, but could not be
tried for any crimes during that period
-His enemies were the ones that tried him for this charge
-He proposed that as a penalty he should be given free meals at state expense, or maybe that
he should have to pay a fine
-His opponents proposed death

The jury chose the death penalty:

-Except he had to wait in prison until the festival was over, Plato, Apology/Apologia 32b-c
- Refer to Socrates engagement and citizen activity
- Not actually a script of what he said, rather Plato's interpretation of it
The only office which I have ever held in our city, gentlemen, was when I served on the Council.
It so happened that our tribe Antiochis was presiding when you decided that the ten
commanders who had failed to recuse the men who were lost in the naval engagement should
be tried en bloc which was illegal, as you all recognized later. On this occasion I was the only
member of the executive who opposed your acting in any way unconstitutionally, and voted
against the proposal; and although the public speakers were all ready to denounce and arrest
me, and you were urging them on at the top of your voices, I thought that it was my duty to
face it out on the side of law and justice rather than support you, through fear of prison or
death, in your wrong decision.

-About the time when he presided over the assembly after the battle at Arginusae
-Suppose to be Socrates talking
-Suggests that Socrates was not always the eccentric counterculture weirdo that we known him
as, but he was a good and capable citizen (even in fulfilling his civic duty, he was inclined to
resist the crowd)
Plato, Apologia 32c-d
-This happened while we were still under a democracy. When the oligarchy cam into power,
the Thirty Commissioners in their turn summoned me and four others to the Round Chamber
and instructed us to go and fetch Leon of Salamis from his home for execution. This was of
course only one of many instances in which they issued such instructions their object being to
implicate as many people as possible in their crimes. On this occasion, however, I again made it
clear, not by my words but by my actions, that the attention I paid to death was zero (if that is
not too unrefined a claim); but that I gave my attention to avoiding doing anything unjust or
unholy. Powerful as it was, that government did not terrify me into doing a wrong action.
This passage shows he's concerned with justice, and justice for him is not purely a legal matter
shows that Socrates has a very moral view rather than a legal view

The 5 Things
Author: Plato (429-347 BCE)
-Follower of Socrates (used Socratic dialogues - hung around with him)
-After Socrates died in 399 BCE, he founded The Academy
-Use to be a gymnasium for Academis

Title: the Gorgias

-Gorgias was a sophist from Leontini who lived from about 484-380 BCE
-Named after main discussant - who we call interlocutor
-He visited Athens as an ambassador in 427 BCE which was an important event, because he
was introducing his Sicilian style to Athenian rhetoric
-But in our text, Socrates refers to the epistates position that he held which happened in 406
BCE
Date: as often with ancient texts, we don't know an exact date, but sometime between 399
and 347 BCE
Location: Plato lived in Athens, and wrote most of his works there
Language: Plato wrote in Attic Greek

NOTE: Stephanus page's are the ones that are important from the original play

Gorgias 447d-448a, page 4

Chaerephon: Yes. All right. I'll ask him. Can you tell me, please, Gorgias, whether Callicles here
is telling the truth when he says that you claim to be able to answer any question that's put to
you?
Gorgias: He is, Chaerephon. That's exactly what I was doing a short while ago, in fact, and I'll
add that for many years now I've never been faced with a question hadn't meet before
-Gorgias is known for being super smart so people would try and stump him (his specialty is
rhetoric)
-Socrates is also a famous questioner and in fact, teaches by asking questions (Socratic
method)
Gorgias 454b, page 15
Gorgias: Well, Socrates, I think - to repeat what I was saying not long ago - that its effect is to
persuade people in the kinds of mass meetings which happen in law-courts and so on; and I
think its province is right and wrong
He says that rhetoric is the kind of persuasion that happens in mass meetings, including
especially the law courts and of course, lawyers think about the role of rhetoric and persuasion
Gorgias 455a, page 17
Socrates: A rhetorician, then, isn't concerned to educate the people assembled in law-courts
and so on about right and wrong; all he wants to do is persuade them. I mean, I shouldn't think
it's possible for him to get so many people to understand such important matters in such a
short time.
Gorgias: No, that's right.
-Says there's a difference between teaching people what's right and wrong and persuading
people that your opinion of right and wrong is the correct one
-Speakers are invested in a particular outcome, and they are biased in favour of their version of
the case
-Court cases are only determining who is more persuasive, not who is right and wrong
Gorgias 469d-e, page 41
Socrates: Well, Polus, here are some thoughts of mine for you to criticize. Imagine I'm in the
agora when it's chock-full, and I've hot a dagger tucked in my armpit. I tell you, 'Polus, I've
recently gained an incredible amount of power, as much as any dictator. Look at all these
people. If I decide one of them has to die, he's dead, just like that….' Can you tell us what's
wrong with that sort of power, to your mind?
Polus: Yes.
Socrates: What is it? Do please tell us.
Polus: It's that anyone who does the kinds of things you were describing is bound to be
punished. ○ Clarify that rhetoric doesn't equal teaching, it's persuasion
-Polus thinks rhetoric is awesome
-Connects to rational choice theory - if I do it then I'll get caught
-Socrates is saying that regardless you shouldn't stab someone (morality that exists beyond the
law and possibility of punishment), but Polus is more focused on the law and the courts as what
make something right or wrong
-Connects to Archelaus (the tyrant in the city of Macedon) - who cannot be against the laws
because he makes them
-Tension here is between what is illegal vs. what is unjust

Gorgias 471a-b, page 43

Polus: My man Archelaus is unhappy, then, according to you.
Socrates: Yes, if he does wrong, Polus.
Polus: But of course he does. He didn't have the slightest claim to the throne he currently
occupies. His mother was a slave of Perdiccas' brother Alcetas, so by rights he should have
been Alcetas' slave too. If he'd wanted to behave morally, he'd have been Alcetas' slave and
that would have made him happy according to you. As it is,
though, he's become incredibly unhappy as a result of the awful crimes he's committed! In the
first place, he sent his message to Alcetas, who was his uncle as well as his master, in which he
invited him to stay on the grounds that he would restore the kingdom which Perdiccas had
stolen from him. So he welcomes Alcetas and his son Alexander, his own cousin (who was
more or less the same age as him), into his house; then he got them drunk, bundles them into
a cart, took them away under cover of darkness, murdered them both, and disposed of the
bodies.
-Story of how Archelaus came to power
-Polus is not really seeing Socrates point that it was the assassination that was wrong
-He thinks that everyone has a place in society and deserves that place unless they are smart
and powerful enough to get away with improving circumstances

Gorgias 472d-e, page 46

Socrates: Let's start with the question facing us, which is the crux of our present discussion. You
think it's possible for someone to be happy in spite of the fact that he does wrong and is an
immoral person, and you cite the case of Archelaus who is, in your opinion, an immoral, but
happy person. Is this a fair representation of your view? Polus: Yes.
Socrates: On the other hand, I claim that this is impossible. So here's one point on which we
disagree. Now them this happy criminal… will he be happy if he pays the penalty for his actions
and is punished? Polus: Definitely not. That would make his condition very unhappy.
Socrates: So is it your view that a criminal is happy as long as he doesn't get punished?
Polus: Yes.
Socrates: My view, however, Polus, is that although an unjust person, a criminal, is in a
thoroughly wretched state, he's worse off if he doesn't pay the penalty and continues to do
wrong without getting punished than if he does pay the penalty and has punishment meted
out to him by gods and men.
Not just talking about human punishment but also about divine punishment (2 different kind
of punishment)
-This is not just a moral approach, but also a religious one
-Some things are truly wrong, even if you are a tyrant (the 30th one)
-There is a higher law that you can't just erase
-If we stick to a legal approach; then it's totally possible to live a good life if you're a criminal
and don't get caught
-But if we take a moral approach to crime, someone who commits crime can't live a happy
life because the guilt will eat them
-There is now also a religious level, and if someone engages in irreligious behaviour, it's even
more unlikely that such a criminal will live a good life
-Disagreeing on the whole concept of criminality

Gorgias 476a, page 52

Socrates: So much for that issue. Next we need you to look into the second point of
disagreement between us. You claim that nothing could be worse for a criminal that paying the
penalty for his crimes, whereas I claim that he's worse off if he doesn’t may the penalty. Which
of us is right? Here's a way into the question: would you agree that there's no difference
between a criminal paying the penalty for his crimes and being justly punished for them?
Making a distinction just to show it doesn't exist; one hand you get justly punished for the
crime and on the other you don't get punished
-By denying the distinction, Socrates suggests that all punishment and all penalties for crime
are just
-This assumes a universal moral and religious definition of crime
-No such thing as an unjust punishment, and if there is then that's a crime itself
-Polus thinks people should try to avoid being punished (idea of deterrence)
-Socrates thinks punishment helps people
-Connects to our current correlational facilities
Our punishments today are not only meant to punish, but to deter (in an ideal world they
help criminals become better citizens) States that punishing criminals is like medicine for sick
people

Gorgias 478e-479b, page 58

Socrates; And isn't this precisely the state of an arch-criminal, with his utter immorality, who
successfully avoids being criticized and disciplined and punished - in other words, exactly what,
according to you, Archelaus and his fellow dictators, rhetoricians, and political leaders have
managed to do?
Polus: I suppose so.
Socrates: Their achievement, then, Polus, is not so very different from that of someone in the
grip of an extreme severe illness who successfully avoids having doctors exact the penalty for
his body's crimes - that is, who avoids medical treatment - because he's childishly frightened of
the pain of cautery and surgery. Don’t you agree? Polus: Yes, I do.
-Polus is the interlocker and just made to agree to what Socrates says

Gorgias 479b-c, page 59

Socrates: And he's afraid, I suppose, because he doesn't understand health and doesn't know
what a good physical state is like. I mean, the position we've reached in our discussion makes it
seem likely that this is what people who evade punishment are up to as well, Polus, they can
see that punishment is painful, but they have a blind spot about how beneficial it is, and they
fail to appreciate that life with an unhealthy mind - a mind which is unsound, immoral, and
unjust - is infinitely more wretched that life with an unhealthy body. This also explains why they
go to such lengths to avoid being punished - that is, to avoid being saved from the worst kind
of badness. Instead they equip themselves with money and friends, and make sure that they're
as persuasive as they can be at speaking.
-Socrates says punishment is good for the soul; rhetoricians like Gorgias and Polus who can
persuade juries to acquit them are only doing harm to themselves by avoiding punishment
-Socrates convinced Polus that the real purpose of punishment is rehabilitation

Gorgias 482e-483a, page 65

*another one of Gorgias's students
Callicles: You pretend that truth is your goal, Socrates, but in actual fact you steer discussions
towards this kind of ethical idea - ideas which are unsophisticated enough to have popular
appeal, and which depend entirely on convention (nomos), not on nature (physis). They're
invariable opposed to each other, you know - nature and convention, I mean - and
consequently if someone is too embarrassed to go right ahead and voice his convictions, he's
bound to contradict himself.
-Says that Socrates is just spouting nonsense that common people believe
-Says that Socrates goes along with convention rather than following nature Nature and culture
formed a polar opposition for the sophists
-Recall nomos means not just custom, but also law
Although Callicles says he understands nature, he's going to stay that nomos (convention/law)
is a social construction
-Because nomos is a 'social construction', it has no real value
-He said he's not scared to stand up to the world and tell them the brutal truth

Gorgias, 483b-c, page 65

Callicles: In my opinion it's the weaklings who constitute the majority of the human race who
make the rules. In making these rules, they look after themselves and their own interest, and
that's also the criterion they use when they dispense praise and criticism. They try to cow the
stronger ones - which to say, the ones who are capable of increasing their share of things - and
to stop them getting an increased share.
-Says there's strong and weak people and strong people have the ability to take more of a share
than weak people do
-He says that there's more weak people, but morality is just an invention of the weak people
who are afraid that strong people will take their stuff
Says morality isn't real or true, but a social constructions (nomos)
-The only reason it seems valid is because of the masses of weak people are the ones in
charge, and their social constructionism keeps the strong few from taking over
Gorgias 491e-492b, page 79
Callicles: What nature approves and sanctions, on the other hand - I'm going to speak bluntly to
you now - is this: the only authentic way of life is to do nothing to hinder or restrain the
expansion of one's desires, until they can grow no larger, at which point one should be capable
of putting courage and cleverness at their service and satisfying every passing whim. Now, I
don't think most people can do this, and that's why they condemn those who can; they're
ashamed, and they try to disguise their failings by claiming that self-indulgence is
contemptible, which, as I explained earlier, is an attempt to enslave those who are naturally
better than them. And why do they praise self-discipline and justice? Because their own
timidity makes them incapable of winning satisfaction for their pleasures.
-Callicles thinks that people praise self discipline and justice not because those things are good
or real, but because they don't have the strength or courage to take what they want, and to say
that nature has no concept of justice
-The strong take from the weak, and if you don't like it, get stronger
-Socrates on the other hand, thinks that justice is real and that self discipline is worthwhile
Gorgias 507c-e, page 105
Socrates: That's my position, and I believe it to be true. If it really is true, it looks as though
anyone who wants to be happy must seek out and practice self-discipline, and beat as hasty a
retreat as possible away from self indulgence. The best course would be for him to see to it that
he has never to be restrained, but if he or anyone close to him (whether that's and individual
person or the whole community) does ever need it, then he must let justice and restraint be
imposed, or else forfeit happiness. I'll tell you what the ideal is that we should set ourselves to
live by, in my opinion. We should devote all our own and our community's energies towards
ensuring the presence of justice and self-discipline, and so guarantee happiness. We shouldn't
refuse to retrain our desires, because that condemns us to a life of endlessly trying to satisfy
them. And this is the life of a predatory outlaw, in the sense that anyone who lives like that will
never be on good terms with anyone else.
Socrates is saying that we need to focus on justice and self discipline, and if we try to get more
all the time, we'll end up like Tantalus (who is destined to be eternally hungry and thirsty and
never able to satisfy those desires)
-Desire is such an episodic phenomenon that as soon as you get what you want, you want
something else
-Socrates says that the answer to desire is not always satisfying your desire, but restraining it
-We should learn to be happy with what we have, whatever that's possible
Someone who is always satisfying their desires and not worrying about just taking what he or
she wants, live as outlaws and are never on good terms with other people
And to always be fighting with people and never trusting other or being trusted, is not a
good life
-But by restraining our own desires and taking into account the desires and needs of other
people (by acting justly), we make ourselves happier
-Even though Callicles says justice is a social construct, it doesn't mean that it has no value or no
ability to make us happy
Social conventions are what allow us to get along with other people
Gorgias 508d-e, page 107
Socrates: I deny that being wrongly smashed in the face or stabbed or robbed by a cutpurse is
the most contemptible thing that can happen to a person, Callicles; I claim that it's more
contemptible, and worse as well, to hit and cut me and my property without just cause, and I
also claim that to steal, enslave, burgle, and in short to do any kind of wrong against me and
my property, is not only the worse for the wrongdoer than it is for me, the target of his
wrongdoing, but is also more contemptible.
Better according to Socrates to be a victim of a crime than the perpetrator
-Hurting people does more harm that being hurt
Why punishment is good for people because it washes away the crime and allows people to live
in harmony again
-If you get away with it, you condemn yourself to a life a predatory outlaw and you will not be
on good terms with people
-One of the goals of justice is making a community
-Crime has a lot to do with the community
Gorgias 523a-b, page 129
Socrates: Now, during Cronus' reign human being were subject to a law which the gods
sanction even to this day and which is as follows: any human being who has lived a moral and
god-fearing life shall on his death depart for the Isles of the Blessed and shall dwell there, and
live a trouble-free life of perfect happiness; however, anyone who has lived an immoral and
godless life shall be imprisoned in the place of retribution and justice, which is called Tartarus.
In the time of Cronus, and in the relatively recent past during Zeus' reign as well, living judges
dealt with living people and passed judgement upon them on the day of their impending death,
which made the administration of justice poor. So Pluto and the supervisors of the Isles of the
Blessed came and told Zeus that the wrong kinds of people were getting to both places
The divine judges are better and the right people go to the good place and the right people go
to the bad place
-The mechanism of divine justice that governs the afterlife looks kind of a lot like the
mechanism of the ancient Greek law courts
-Divine justice system now is kind of a mirror of the imperfect human system
Gorgias 525b-c, page 132
Socrates: What is appropriate? As long as the person inflicting the punishment is justified in
doing so, then every instance of punishment should either help its recipient by making him a
better person or should act as an example for others, in the sense that the terrifying sight of
the victim's sufferings helps to improve. Those who are benefited by being punishment
(whether the agents of punishment are divine or human) are those whose faults are curable;
nevertheless, it remains that case both there and Hades that it takes pain and torment to
produce the benefit, since that is the only way in injustice can be removed. Those who act as
examples, on the other hand, are those who have committed such awful crimes that they've
become incurable. Although this means that they themselves are past help, others can be
helped by watching them suffer for ever the worst, most agonizing, and most terrifying
torments imaginable as a result of their sins. Their only purpose is to hang there in their prison
in Hades as visible deterrents for every new criminal who arrives there.
Even people who cannot benefit from punishment, their punishment is just because it acts as
a deterrent to keep other people from committing really terrible crimes
He admits that punishment is not always directly good for criminals (a little bit of a step back
from his argument)
Gorgias 526d-e, page 132
Socrates: If what Polus says is true, then in my opinion Archelaus will become one of these
deterrents, and he'll be joined by anyone else who's a dictator like him. In fact, I think most of
those who act as examples are drawn from the ranks of dictators, kings, potentates, and
politicians, because they're the ones who can and do commit the most terrible and immoral
crimes. Homer testifies to this, since in his poems those who are condemned to be punished
for ever in Hades are kings and potentates such as Tantalus, Sisyphus, and Tityus. However, no
poet portrays Thersites (or anyone else who may have been bad, but who wasn't involved in
public life) as an incurable criminal in the grip of terrible punishment, and I imagine it's because
he didn't have the same score for wrongdoing that he's better off than those who did. No,
Callicles, it's power that leads men to plumb the depths of depravity.
-Focuses on powerful people; recall in ancient Greece, the criminal logical thinking is powerful
men
-Thersites is not an incurable criminal, and he has a character in Book two of Homer's Iliad
▪ He is the ugliest and most cowardly solider in the whole Greek army
-Agamemnon (the commander in chief) gets the idea that what he's going to do is tell the truth
-He tells everyone to go home and Odysseus is the one telling people to stay and fight where
▪
-Thersites is the one telling everyone that it's stupid and they should go home (in the Iliad)
-But Thersites crime isn't nearly as bad as the crime of the kings because kings have more
power and they have more ability to do bad things and to really hurt people; which is why
power leads to the depths of depravity
▪ Inverse of modern criminology
-In the end, it's not the idea that justice is good that Socrates uses to deter Callicles from crime,
but rather the idea of deterrence; if he escapes justice in the real world, he won't in the afterlife
(rational choice theory version)
Gorgias 526e-527a, pages 133-134
Socrates: Well, Callicles, I myself find this account persuasive, and I intend to present the judge
with as healthy a soul as possible. So I'll ignore the public honours which attract most people,
follow the path of truth, and try to be as moral a person as I can during my lifetime, and after
death as well. I do all I can to recommend this course of action to others too. In particular, in
response to your appeal to me, I appeal to you to take up this way of life, to engage in this
struggle which, in my opinion, is as worthwhile a struggle as you'll find in this world. I think it's
a flaw in you that you won't be able to defend yourself when the time comes for you to
undergo the trial and the assessment which I've just been talking about. Instead, when you
come to be judged by that son of Aegina and he seizes you and takes you away, your head will
spin and your mouth will gape there in that world just as much as mine would here, and the
chances are that someone will smash you in the face and generally abuse you as if you were a
nobody without any status at all.
-Socrates invents a perfect version of the ancient Greek court system to make the idea of
justice seem real to someone like Callicles
-Socrates threatens Callicles of the afterlife with no power - important social status
consequences
-Social status was very important for the amount of rights you had
-If Callicles abuses his status and power, he won't have it in the afterlife ○ Calls the divine
justice system a perfect version of the human one
-Religious viewpoint creeps in and says justice is valuable because you cannot escape the
punishments of the gods
-Disingenuously persuading them to believe in justice, using their own skill of rhetoric against
them
CONCLUSIONS
- Polus uses rational choice theory and deterrents
- Socrates uses a moral, then religious viewpoint
- Callicles is more of a social constructionist
- All views represented were probably popular (multiplicity of approaches) - no one theory can
cover all explanations
Week 10:
Athenian law may have been influential, but Roman law still serves as the basis of much modern
European law.
Nevertheless, the field of Roman law usually focuses on private law (or civil law: disputes
between individuals) rather
than public law (or criminal law).
- Rome and Athens may be referred to as the birth place of law and also is the basis of many
European law
Scholars of Roman law distinguish at least three periods:
1. Pre-classical (up to the first century BCE)
2. The classical (through the third century CE)
3. Post-classical (from the beginning of the fourth century CE to end of Roman civilization)
Another periodization divides the:
1. Early republic (ending in the third century BCE)
2. Late republic (ending 31 BCE)
3. Classical period (lasting until the crisis of the third century CE)
4. Later empire (postclassical period)
- Helps us understand that things change over time
ROMAN POLITICAL/LEGAL HISTORY - Rome from its foundation up to the end of the
Republic
ORIGIN STORY:
The traditional date of the foundation of Rome was April 21, 753 BCE, and at first Rome was
ruled by kings who were
elected for life. The legendary first king was Romulus, and the second was Numa Pompilius,
who was often credited
with the creation of many Roman laws.
- Legal system developed with political system
- 7 kings in total
The Romans attributed to Romulus, their founder and first king, as system of patrons and clients
(clientelia or
patronage). Each plebeian was required to find a patrician patron. Though it evolved to some
extent, this system
remained in place throughout Roman history.
- Precursor to legal system
- 2 groups; patricians and plebeians (not patricians, but they are not necessarily poor)
If you had a conflict with someone, you can take care of it yourself or you can go to your patron
OR in the upper
levels of society you could get a lawyer
-

- Patricians help navigate the legal system (like an arbitrator in ancient Greece)
The Romans in the regal period, like many Greek poleis of the time, dispensed justice largely by
custom rather than law.
Roman legend records that kings formally legislated largely on family and religious matters. As
a part of the close
connection between religion and law, Roman priests (or pontificaits) had control of the written
laws.
- Laws were created on an as needed basis
- Religion was like a contract between them and their gods
- A lot of laws between inheritance and property laws
According to legend, it was in 509 BCE that the Romans overthrew the last king and instituted
as. The chief magistrates
two annually elected consuls.
Regal period (before 509) was kind of murky, historians don't know for sure what happened
(happened in the
very distant past)
-

- Because there were two, no single person could rule (collegiality) and make decisions on their
own
The consuls held imperium, or the power to command. Each consul also help the power of
intercessio, which allowed
him to stop and action of the other consul (if it was not in the best interest of a community as a
whole - veto power).
- Imperium starts off as the right to command armies, but also has religious and legal aspects
In the early 5th century BCE, the plebs (or plebeians) seceded from Rome and formed their own
government headed by
annually elected tribunes. This began the so-called struggle of the orders.
- Way for them to say that they don't want to be silent and not have a say in the government
- Century long class struggle between legal and political rights
To get the plebs back, the Roman patricians allowed the plebeian assembly to pass binding laws,
gave the tribunes the
right of intercessio, and eventually made written laws public on the Twelve Tables in 450 BCE.
The plebians were the soldiers and in order to get them back, they were allowed to have a
meeting where they
were able to decide on legislations that affected everyone in Rome
-
The plebians elected their own representatives called tribunes of the plebs and these tribunes had
the right of
intercessio
-

- Beginning stage of the struggle of the orders - plebians wanted more power
- Took around 150 years to resolve
Introduction of written laws (12 tables)
○ Established customary laws were collected and formed a written publicly posted law code
○ Laws were available beyond protection of the priest
-

Just as Athenians saw their laws as beginning with Draco's laws and Solon's laws, Romans
understood their laws to have
begin with the Twelve Tables, from about 450 BCE. They were not superseded until Justinian's
codification of 528-34
CE.
- 1000 years that the 12 tables stayed and were enforced
Implicit in the Twelve Tables and explicit by the end of the fourth century BCE was the right of
provocatio, meaning that
a citizen could appeal the summary judgement of a magistrate to an assembly of the Roman
people.
Provocatio means that any citizen could appeal any summary judgement of a magistrate to be
heard by an
assembly of the Roman people
-

- Also called Populum or appeal to the people

- Major step in Roman law under early Republic
In 367 BCE, the Romans created a third magistracy known as the praetorship. The praetor and
the consuls now held all
imperium, but the consuls held maius imperium, which meant that their imperium was greater
and praetor could not
halt a consul's actions.
- This magistrate - praetorship - also had imperium but was a little less important (basically on
the same scale)
- Praetor could not stop the action of the consul
- Hierarchy of offices beginning
While all Roman magistrates with imperium were also military commanders, they increasingly
took an administrative
duties in Rome. The praetor was largely responsible for the justice system (within the city of
Rome), and he appointed
judges.
Office of the praetor was most important for the legal system
○ Set forth judicial rules and appointed judges for individual cases
○ Most important magistrate for us
-

In 242 BCE, the Romans were dealing more with cases involving foreigners. They added a
second praetorship and from
then on one praetor was the praetor urbanus and the other was the praetor peregrinus.
- Tribune of the plebs and 2 consuls still remains
- Praetor urbanus is the one in the city and praetor peregrinus deals with foreigners
After the Second Punic War a regular order of offices, called the cursus honorum was
established. Magistrates with
imperium had virtually unlimited authority when outside the city (militiae). When in Rome
(domi), the authority of the
magistrates was somewhat limited by the rights of provocatio and intercessio. By the later
republic, the cursus
honorum looked like this:
- Quaestors were financial officials, and aediles were in charge of archives and public works
Romans were noticing that they were governing more and more officials, so they began to
expand the
praetorship level to have more praetors who would serve as governors in these provinces
-

Cursus honorum (ladder of offices) has people start on the lower rungs and work their way up
higher

Magistrates with imperium (consuls and the praetors) mostly have virtually
unlimited authority outside the city (militiae)
In Rome, they are restricted by the rights of provocatio (right of
appealing to assembly) and intercessio (veto power)
–
}

} Image reflects cursus honorum in the later years

} Green is patricians or plebians
} Vertical option is open to men from patricians or plebians
} Leaning part is path to open office that is only for plebian families
Quaestorship/ questors in the office exist at the bottom of the level
– In late republic, 20 per year
– Financial officials
}

} Plebians could skip quaestorship and go straight to tribune of the plebs

} Above is the aediles, people that deal with infrastructure and events
Big guy is praetor and in late republic there are 8/year
– Most important for judicial affairs
– Rest are doing governing elsewhere when Romans take over
}
} Proprietors is people who stepped in when they needed more than 8 of them
Consuls are the most important and have the year named after them
– Generals of the army, drive politics, etc.
– There can also be proconsuls (substitute)
}

Romans sometime appoint dictators if there is an emergency

– Only time where there is only one of them
– Above consuls and only stay for 6 months
– Don't have to listen to veto power
}

Censors also were extremely high and they counted the population and
assigned them to classes
– Also negotiated contracts for state business (tax collection, etc.)
}

- Generally rewarded the best and the best connected Roman politicians
Although the praetors were not legislators, they each promulgates and edict upon taking office.
The edict outlined how
they planned to carry out the duties of the office, and where it involved law it was almost
legislation. Legal scholars
refer to ius honorarium to distinguish law based on the praetor's edict from more formal
legislation.
Praetors served as judges and promulgated and edict
They announced publicly and edict at the start of their term and it outlined how they planned to
carry out
the duties of their office
○
○ Essential aspect of Roman law
-

Ius honorarium refers to the laws of the office/praetorship

○ One of two ways that laws are created
-

Tradition dictated that the praetor's edicts changed very little over time, and eventually under the
empire in the second
century CE the edicts of the praetors and aediles became completely static and unchanging.
In addition to magistrates, there were many lawyers in Rome. At first, the only lawyers were the
pontifices (singular:
pontifex), who were priests. By the end of the fourth century BCE, law was no longer
exclusively the province of the
pontiffs and being a lawyer (along with serving in the army and holding political office) was one
of the most honourable
jobs in Rome.
- Pontifices had access to the laws when they had been written down
By the fourth century, (after the publication of the 12 tables) laws were no longer secret, so being
a lawyer was
an honourable job - key to political success
-

Roman lawyers had three jobs: ad respondendum (giving legal advice, eg. to the praetors), ad
agendum (preparing
cases for court), and ad cavendum (crafting documents). By the middle of the second century
CE, jurists had much more
prestige than advocates, and beginning with Augustus, some possessed the so-called ius
respondendi ex auctoritate
principis (their opinions were just as binding - had the authority of the emperor as voiced through
the opinion of the
legal scholar).
ROMAN JURISTS AND LAW CODES - Roman Law under the Empire
The first great jurist of the Classical period of Roman laws was Marcus Antistius Labeo. He
didn't just teach law - he also
wrote books on law. We have little of his work, but he was regarded as the original source of the
"Proculian school"
names after the first century CE jurist Proculus.
Beginning the CE, along with the increased prestige of jurists, the idea of formal legal system
took off
○ Classical period of Roman law
-

Marcus Antistius Labeo didn't only teach law he also wrote books on law
○ We have the sense from other sources that what he wrote was significant and important
-

Another important jurist of the first century CE was Masurius Sabinus. His most celebrated work
was a book on ius
civile, treated separately from ius honorarium and public law. He took a practical approach in
contrast to the principled
approach of Labeo, and his student, Gaius Cassius Longinus, helped him found the schola
Cassiana, later known as the
Sabinian school.
- Masurius Sabinus wrote a book on civil law/ ius civile
- Legal education principles were based more on precedents than theory (case law)
In the second century CE, Hadrian made the opinions of jurists with the ius respondendi binding,
and he reorganized
the imperial bureaucracy with a well-paid career structure for so-called equestrians (rather than
freedmen). This
encouraged wealthy Romans to study law, and increased the demand for schools and teachers.
Hadrian created the ius respondendi binding which was now more than an opinion, it also had
the force of law
This combined with the reorganization of the imperial bureaucracy, was a really big step in the
professionalization of a legal career
○
-

One of the most important Roman law teachers of the second century was Gaius (a proponent of
the Sabinian school).
In 1861 in Verona, scholars discovered a palimpsest of his Institutes, which were his lecture
notes from 160-161 CE.
- Legal history and book history
- Gaius had lecture notes from palimpsests
- Paper was reused
Other important jurists included Aemilius Papinianus (active from 194 and died in 212),
Domitius Ulpianus (active from
202 and died in 223), Iulius Paulus (active throughout the first half of the third century), and
Herennium Modestinus
(active throughout the first half of the third century).
- Put into place a lot of laws
The emperor Theodosius II (born in 401, reigned from 408 until his death in 450) reformed
Roman law. He formalized
law school and appointed two official professors of law. He also, along with the Western
emperor Valentinian III, in 426
enacted the "Law of citations", which made the written opinions of Papinianus, Ulpianus, Paulus,
Modestinus, and
Gaius binding on magistrates - the things that these people say became law. Theodosius also
appointed a commission
to compile a complete official law code (first one since 12 tables), and promulgated the Codex
Theodosianus in 439 in
the East and soon after in the West.
In 528, the emperor Justunian ordered a more complete job, and commissioned Tribonianus to
oversee what would
become the Corpus luris Civilis. This consisted of four parts:
1. Codex Iustiniani
2. Novellae (additions and adjustments to the Codex)
3. Institutiones (effectively a second edition of Gaius' Institutiones, lecture notes that formed a
beginning textbook)
Digest (about 2000 fragments or quotations of 39 different jurists from as far back as the first
century BCE, about
half from Ulpian and Paul)
a. Most influential for later things in law
b. Most complete and important source for learning about Roman Law
4.
SOURCES OF ROMAN LAW - How Laws Were Made
While jurists provide us with some of our most important sources for Roman law, we can also
think about what the
Romans regarded as the sources of Roman law. This requires some understanding of the Roman
constitution, by which
scholars don't mean an individual document, but the makeup of the state.
- Principles where laws come into being
SPQR stands for Senatus Populusque Romanus, of the Senate and the People of Rome. The
senate was an advisory
council of elders, made up the former magistrates and reviewed by the censors. Although the
senate did not technically
have any binding authority, it issued statements called senatus consulta (singular: senatus
consultum) that advised
Roman magistrates (advice), and the magistrates nearly always followed the traditional authority
of the senate.
- Two major organs of Roman entity; senate and people of Rome
Senators were most likely senators for life, but they did not have any legal power or binding
source
○ Just had moral authority, not legal authority
○ It was socialized that the magistrate should listen to the senator
-

- People of Rome were heard through many difference procedures in place - see next slide
In addition to dividing the people into patricians and plebeians, the Romans organized the people
into three kinds of
assembly: the centuriate assembly (comitia centuriata), the tribal assembly (comitia tributa), and
the plebeian assembly
(concilium plebis).
- Only male citizens in Rome, women and marginalized people did not have a say
- Comitia means assembly
Things to note about the centuriate assembly (most important one):
It is based on the earliest assembly for recruiting armies
a. The more rich you were, the more armour and resources you had to fight and the better solider
1.
It is organized by wealth, and the wealthy countries are much smaller and vote first
a. Century is a group of certain people - unit or grouping (NOT 100)
2.
There are 193 centuries, and each one gets one vote in the assembly
a. Wealthy units had less people- rich peoples votes counted for more - favoured wealthy
3.
4. It elects consuls, praetors, and censors, votes on declarations of war, and hears citizens'
appeals in capital cases
5. Assemblies are for voting only. Debating and public discussion happens in contiones
(singular: contio)
- If the punishment involved execution, it would be heard by this assembly
- Heard appeals in cases with capital punishment
Things to note about the tribal assembly:
1. It is organized by the location of residence
2. There are 31 rural and 4 urban tribes (as of 241 BCE) and they vote in an order determined by
lot (random order)
It elects curule aediles and quaestors, votes on leges (singular: lex), and judges trials
a. Elected people further down the cursus honourum
3.
- Involves punishment that includes fines
Things to note about the plebeian assembly:
1. It is organized by tribe (more egalitarian - doesn't favour wealthy)
It is made up of plebeians only presided over by tribunes of the plebs
a. Made up of ONLY plebians
2.
3. It elects tribunes of the plebs and plebeian aediles, votes on plebiscites, and judges trials
Although the plebeian assembly did not vote on leges, they did vote on plebisita (singular:
plebiscitum), which
after the lex Hortensia of 287 BCE were binding on the whole of Rome
a. If you wanted to you could go to just the plebian assembly
b. One way you could get around obstructionism by conservatives
4.

Senators were forbidden to engage in business or trade. Wealthy men who chose business over
politics were called
equites (singular: eques) or the "equestrian order". They are sometimes referred to in English as
"knights" or carvery.
Business people and wealthy Romans with high status and they chose not to have a political
career
○ Still involved in affairs that are essential to the Roman state
-

Equites often bid on contracts with the senate or with magistrates to carry out public business,
like the collection of
taxes. These were called publicani. As tax collection in the provinces became more important
and more complex,
publicani often exercised great influence on political stage even though they had nothing to do
with politics.
- Adjacent to politics
- Collected taxes and bring wealth to the Roman treasury
Priests were members of the senatorial elite elected for life by a special assembly of the tribes.
The different colleges of
the priesthood had different responsibilities. Pontifices, for example, were mostly in charge of
sacrifices and festivals,
but in the early republic they had control of the laws as well. Augurs were in charge of the
auspices and augury (bird
watching), and thus had power to delay or prohibit public businesses.
- Priests were part of the senatorial elite and were elected for life by a special assembly of the
tribes
- Church and state were intermingled
- Claudius and the chickens was about augurs
After 27 BCE, when Augustus made his settlement with the senate, the constitution of Rome was
different. Although
technically Augustus restored the republican government, he maintained the final authority and
over the course of the
next few centuries the Roman government became increasingly centralized and hierarchical,
developing a bureaucracy.
- Claimed to be restoring the state but just kept himself in power through the process
By the early second century CE, the assemblies no longer voted in laws, and the emperor
appointed magistrates. The
emperor (or his staff) drafted legislation and sent it to the senate for approval.
****Under the republic, the sources of the law were the Twelve Tables, the praetorian edicts,
leges (through voting
assemblies), plebiscita, and to some extent senatus consulta. By the fifth century, the source was
the writings of the
jurists.
The early form of civil procedure (dispute between individuals where something involved the
legal system) in Rome was
legis actiones (singular: legis actio), or actions of law. These depended on the use of specific
wording. Under this
system, a plaintiff brought a defendant before the praetor by a formal summons called in in ius
vocatio, initiating the in
iure phase (under judicial discussion). The plaintiff specifically quoted a legal procedure and the
praetor interviewed the
litigants (those involved). If the praetor determined that the law applied, he appointed a judge
(iudex, plural: iudices)
for the apud iudicem phase. The judge heard the arguments and issued a decision, called a
sententia, and the case was
closed.
Sometime in the second century BCE, the lex Aebutia (law passed by Aebutia) legitimized a new
kind of procedure
called formulary procedure. This had the same structure as the legis actio system, but was more
flexible. Now, in the in
iure phase, the praetor was not restricted to applying the strict wording of an established
procedure, but instead used
the interview to write a formula, which defined the case and issued the instructions to the iudex.
- Wasn't really based on strict procedure
The formula consisted of a iudicis nominatio that named the judge (or 3-5 person panel of
recuperatores), and intentio
that stated the plaintiff's claim, and a condemnatio that defined circumstanced under which the
defendant should be
found liable or not.
If a defendant was found liable and failed to pay, a plaintiff could initiate an actio iudicati, in
which a magistrate would
authorize the plaintiff to use force to extract payment. There was no appeal procedure beyond the
possibility of making
and argument at the actio iudicati hearing.
- The only way to get out of the legal trouble is to pay
Beginning with Augustus, there was also the possibility of a cognitio extraordinaria or cognitio
extra ordinem
(extraordinary procedure). This became the usual procedure after the second century CE. In this,
the emperor, a
magistrate, or a delegated official would hear the entire case, combining the in iure and apud
iudice, phases. Over time,
the possibility of appealing to the next-highest official in the hierarchy became regular as well.
- More efficient with swifter decision making
In addition to these three civil procedures, there were criminal procedures in Rome. These began
from the imperium of
the magistrate, which included the authority to imprison, castigate, or fine citizens, slaved,
women, or foreigners.
Roman citizens had recourse to provocatio ad populum.
But there weren't many people that had imperium (maybe 4 people) and they would need to be in
Rome at the
time
-
- Fine during early stages of Rome's development
Before the second century BCE, the procedure was rare and straightforward. Anyone could draw
the attention of a
magistrate with imperium to an action that harmed or might harm Rome. The magistrate would
then decide whether to
investigate, and possibly punish the offender. The offender could, if he was a citizen, appeal to
an assembly of the
people.
Women, children, and slaves could not appeal the actions of a magistrate, which was an effect of
the state's refusal to
interfere in family affairs. The paterfamilias (head of the family) held the patria potestas (fatherly
power), which was
theoretically and occasionally practically the power of life and death over members of the family
and the ultimate
authority for all matters.
- Disinclination for state to interfere in family affairs
- People who were not males could not appeal the magistrate
Family was basic unit of society, with male controlling basically everything (even power over
adult sons - if the
father was alive he owned everything)
-
Magistrates were only interested in prosecuting crimes that directly involved or threatened the
state, and for the most
part criminal proceedings involved only senators or other powerful men.
Public or criminal cases were for things like treason or electoral bribery
○ Criminal cases dealt with senators
-

At some point by the second century BCE, it became possible for a magistrate to set up a
quaestio rather than
investigating a criminal matter himself. If he chose to do this he would appoint a consilium of
advisors and act as
prosecutor and judge, ultimately reaching a verdict and determining a punishment himself.
In 149 BCE, lex Calpurnia established the first quaestio perpetua (plural: quaestiones perpetuae),
or permanent court.
This particular one was the quaestio de repentundiis established to hear cases of repetundae, or
extortion (financial
misconduct) in the provinces by a governor.
- Takes recent idea of an advisory body magistrate and turns it into something that is more
formalized and more
- First time for the use of a jury
While the ad hoc quaestiones continued, on the model of the quaestio de repetundiis, the second
and first centuries
BCE also saw the creation of quaestiones to deal with maiestas (more fully maiestas minuta
populi Romani, diminishing
the majesty of the Roman people), veneficia et sicarii (poisoning and murder/assassination),
ambitus (electoral bribery),
and vis (political violence).
- Creation of single standing courts to deal with specific crimes
- Court system evolved to hear certain types of cases; organized by the charge
In 82 and 81 BCE, the dictator Sulla added more permanent courts, and they continued to be
added up through the
reign of Augustus (the last one was Augustus' court for adultery). The expansion of the
quaestiones perpetuae
expanded the involvement of the state in criminal law, although throughout the Republican
period the state's interest
remained largely restricted to wealthy men and political matters.
- Overall effect brought more involvement of the state for criminal law
The lex Cornelia de sicariis et veneficis, which established the relevant quaestio perpetua in (by
Sula) 81 BCE, is
particularity interesting as it not only established a permanent court for murder, but it also
criminalized carrying
weapons with the intent to kill or steal as well as making and selling poisons. Originally it seems
to have applied to
political murder or assassination only, but was soon applied to any kind of murder.
- Established a criminal court for murder for the first time ever in Rome
CRIMINAL TRIAL PROCEEDINGS
Any Roman citizen could initiate and prosecute a trial at one of the quaestiones perpetuae by
making a request to the
magistrate in charge. The trial began with a nominis delatio (denunciation of the name -
enditement), attended by both
prosecutor and defendant, at which the president of the court would write an inscriptio. Once the
prosecutor had
signed the inscriptio, he could not withdraw the case without penalty.
- Once you started a case you had to see it through
After at least ten days, but often longer, there would be a trial (usually outdoors in a public
location) at which the
prosecution would speak first, followed by the defense, and then there was formal presentation of
evidence and
witness statements. Women could be witnesses, but normally not people under age 20 in criminal
cases. Enslaved
people could provide testimony only under torture.
- Each side would prepare its case
Juries were made up originally of senators, but at various times the makeup was changed to
include a percentage of
equestrians in addition to the senators. The number of jurors varied: eg. The quaestio de
reprtundiis usually had 75
jurors, while the quaestio de vi usually had 51, but various laws changed that at various times. A
majority of jurors
decided the winner, and a tie was an acquittal.
There was no appeal of the verdict of a quaestio perpetua under the Republic. Until, beginning
with Augustus, it
became possible to appeal the verdict of a quaestio perpetua to the emperor.
Penalties were sometimes explicit in the relevant statutes, and sometimes voted on by the jury.
Possible criminal
penalties included infamia (disenfranchisement), interdictio aqua et igni (prohibition of water
and fire, ie. exile),
relegatio (exile without loss of citizenship), multa (a fine), death by burning, crucifixion,
precipitation from the Tarpeian
Rock, drowning in a sack, damnatio in metalla (condemnation to the mines), damnatio in opus
publicum (community
service), and damnatio in ludos (condemnation to the schools, ie. the arena)
After Augustus, the quaestiones perpetuae continued to be used, only becoming completely
obsolete in the third
century CE. The cognitio extraordinaria, however, took over much of their function, serving as
both civil and criminal
courts. In addition the emperor and the senate heard most major political cases.
- Same procedures were used
From the beginning of Rome, there had been an office called the praefectus urbi (prefect of the
city) who held
imperium within the city of Rome temporarily while the king, or later the consuls, were from the
city. Augustus revived
this office. He put the prefect in charge of the cohortes urbanae, or urban cohorts. The urban
prefect, along with the
prarfectus praetorio (the praetorian prefect) and other prefects (notably of the vigiles, ie. the
night watch), now had the
duty of keeping order in the city and extended criminal law to the lower classes.
- Augustus is a pivotal leader in Roman history and legal, political and cultural life
- Keep order in the city and help with men below the political class
The extension of criminal law to the lower classes in the early Empire increased the importance
of differential
treatment based on class. Honestiores (higher class and more respectable) were generally treated
better and given less
serve punishments than humiliores (lower class and less respectable). The exact makeup of the
group of honestiores
and the group of humiliores is uncertain and varied over time.
- Gradual shift in how Roman society is made up
- More importance of being in higher and lower classes
- Two systems of justice in effect
Augustus was particularly interested in new moral legislation, and so for example he set up a
quaestio perpetua de
adulteriis, not only criminalizing adultery but also making divorce after adultery mandatory.
Adultery here means
having divorce after adultery mandatory. Adultery here means having sex with a married
women. Men, generally, could
have sex with anyone who was not a free man, woman, or child in the family of a citizen, but
wives could initiate
divorce at any time.
- Particularly interested in policing peoples behaviour
Wanted to control marriage and adultery
○ Criminalized adultery and said that if it did happen, divorce had to happen
-

Somewhere between modern crimes and torts are Roman delicts. Delicts (latin: delcita, singular:
delictum) had some of
the characteristics of civil law, in that the procedures were similar and they were prosecuted by
the aggrieved parties
and some of the characteristics of criminal law, in that penalties were punitive.
Justinian and Gaius recognized four basic kinds of delict: furtum (theft), repina (armed robbery,
or theft by force),
damnum iniuria datum (property damage), and iniuria (personal injury). In addition, they
recognized as "quasi-delicts"
a small and oddly specific set of actions including causing damage by pouring or dropping
something from a building,
hanging something from a building in a way that was likely to cause damage, rendering an
incorrect decision as a judge,
or damage to property kept in a ship, inn, or stable.
Week 11:
Quo usque tandem abutere, '____', patientia nostra?
These exact words spoken by Cicero in the senate in 63 BCE have found their way across the
centuries across the
continents, into discovery of the plot find their place in our own political rhetoric

The Five Things

Author: Gaius Sallustius Crispus (= Sallust)
a. Roman politician and supporter of Julian Caesar in events of the late Republican period
b. He lived from 86-35 BCE
c. Successful general
d. Wrote history started in 44 BCE
1.

2. Title: original title is unknown, Bellum Catilinae (Catiline's War) - "conspiracy vs. war"
Date: 44-40 BCE
a. Last half of the first century BCE
3.
4. Location: Rome
5. Language: Latin
In the 60s BCE, there was political turmoil in Rome. The two main factions were the
conservative optimates and the
radical populares. Important participants include Marcus Tullius Cicero, Gaius Julius Caesar,
Marcus Porcius Cato, and
Lucius Sergius Catilina.
- Social and economic problems lay in shoring up the power of the wealthy elite senators
- There was a debt crisis at this time
Optimist politicians would campaign for election on the policy that there should be no debt relief
and that people
ought to pat their loans no matter the terms
○ Keeping senate as highest point in Rome
-

- Radical politicians restructured and in certain radial instances, that debt should simply be
cancelled
- Cato and Cicero on the optimates side and Ceasar and Cataline on the populares
- Not political parties, people just applied these labels to themselves
- Biggest different is tactics, not ideologies
Lucius Sergius Catilina was a noble patrician and a popularis. He was both an excellent general
and a charismatic
speaker. He was one of the most radical proponents of debt reform, advocating simply abolishing
debts.
- Tried to work around senate rather than through them
- Policy was abolishing debts
- We have a lot of information on this
In 64 BCE Catiline ran unsuccessfully for the consulship of 63. He ran again in 63 for the
consulship of 62. His platform
called for the cancellation of debts and redistribution of land.
- Election ran in the summer and people took office in Jan
- Cicero and Gaius were elected when Catiline wasn't the first time
- Land ownership to be more equitable
Cicero as consul in 63 accused, probably unjustly, Catiline of trying to assassinate him. He
showed up at the consular
election wearing a breastplate and Catiline lost the election.
- Idea was very radical and threatened core of senatorial power
- According to Sallust, Cataline was already plotting a revolution even before he was elected
- So then after he lost a second time, he started a revolution
The current consul was chief magistrate Cicero, and was Catiline's hardest opponent
○ He came dressed up in armour to present as if Catiline was going to kill him
-

Catiline did not have a client army, but he did not have clients placed around Italy campaigning
for him, most notably
Gaius Manlius, who was in Etruria where there were a large number of recently evicted farmers
and unhappy war
veterans.
The two generals from the 80s BCE are Gaius Marius and Lucius Cornelius Sulla
The two of them fought a lot of wars until 82 BCE when Sulla (expanded the number of
quaestiones
perpetuae) became dictator
○
-

Client armies were armies that have soldiers that were loyal to them
○ Clients under and loyal to them - soldiers
○ Soldiers only rewarded if they won
-

Sulla was dictator in 81 and 82 BCE and rewarded soldiers with land
○ Evicted farmers that were already there
○ Veterans soldiers were bad at farming and the region became dissatisfied
-

After losing the election in July of 63, Catiline was getting serious about his plans to overthrow
the government. On
October 21st, the senate passed the so-called senatus consultum ultimum (ultimate decision of
the senate - last step
that could take place - marshall law), advising the consuls to take extraordinary measures to
ensure the safety of the
state.
- Some powerful senators gave to Cicero anonymous letters that revealed the conspiracy
Senates grant of emergency power to the consul
○ However this has no legal standing and it's ultimately up to the decision of the of the consul
-

On November 7th Catiline had organized his supporters to assassinate Cicero, set fire to Rome,
and incite riots and
slave revolts in Italy. Cicero was tipped off and managed to prevent the assassination and arson.
- On October 27th there was revolt for Cataline and co to assassinate Cicero
- Cataline was charged with vis (political violence) and the trial never took place
On November 8th Cicero convened the senate and delivered a scathing speech. Catiline was
present and called the
accusations lie. The senate sided with Cicero and Catiline fled the city to join Manlius in Etruria.
- With Catiline gone, Cicero continued to attack and had him called an enemy of the state
On December 3rd the captured envoys of the Allobroges, which was a tribe of Gauls, produced
written evidence of the
conspiracy and five of the conspirators, including Publius Cornelius Lentulus Sura and Gaius
Cornelius Cethegus were
arrested.
- The whole affair was funny
- Cicero wanted to trap the gauls, and they were conspiratorial dummies
On December 5th the senate voted to execute the conspirators. They sent the consul Gaius
Antonius Hybrida to fight
Catiline's army in Etruria, and in January of 62 Catiline died in combat and his army was
destroyed.
- Romans had hard evidence
- Senate can only advise consuls
Catiline's War, page 5 (chapter 5)
L. Catilina, born of a noble line, had great strength of both mind and body, but a wicked and
crooked disposition.
From adolescence, internal wars, slaughter, seizures and civil disharmony were welcome to him,
and there-he
spent his young manhood. His body was tolerant of hunger, cold and wakefulness beyond the
point which
anyone finds credible; his mind was daring, cunning and versatile, capable of any simulation and
dissimulation;
acquisitive of another's property, prodigal with his own; burning in desires; his eloquence was
adequate, scant
his wisdom. The enormity of his mind always desired the unrestrained, the incredible, the heights
beyond reach.
○ Salla's description of Cataline
○ A portrait of Cataline is mixed with many opposites
Depicts Cataline as always a bad guy (maybe not always true but Salla wanted to present him as
an evil
character)
○
○ Criminology focuses on criminals and less on crime (positivist criminology) - true for Sallust
as well
Even though Cataline is evil, he is awesome protagonist (almost super human, he has many
powers)
§ Saying that it was his environment that drove him to a life of crime
○

Catiline's War, page 5-6

After the dominion of L. Sulla, he had been assailed by his greatest urge, to capture the
commonwealth; and he
attached no weight to the methods by which he might achieve it, provided he acquired kingship
for himself. His
defiant spirit was exercised increasingly each day by his lack of private assets and a
consciousness of his crimes,
both of which he had augmented by the qualities which I recalled above. He was incited, too, by
the community's
corrupt morals, which were afflicted by those worst and mutually different maladies, luxury and
avarice.
○ He here is Cataline
Says here that Cataline was inspired by the example of Sulla and his debts, (debt from failed
campaign)
drive him more and more and the community drove him to be a criminal
§ Biological or psychological positivism
○

○ Also points out the importance of environment and community - sociological positivism
Catiline's War, page 11-12 (chapter 15)
Finally he was captivated by love for Aurelia Orestilla (in whom no good man ever praised
anything but her
appearance), but, because she hesitated to marry him through fear of a stepson of adult years, it is
believed for
certain that he killed his son, thereby ensuring an empty house for the criminal marriage. It is this
affair above all

which seems to me to have been his reason for speeding up the deed: for his vile spirit-hostile to
gods and men-
could not be calmed by wakefulness or repose: to such an extent was his conscience preying
upon his unquiet

mind. Hence his bloodless complexion and ugly eyes, and his walk alternating between fast and
slow; in short,
there was derangement in his demeanour and face.
○ Cataline wracked with guilt over killing his son - but this is NOT true because there is no
evidence
○ Psychological explanation of crime - psychological producing physical symptoms
Sallust is saying that Cataline is smart, but he is giving several reasons why he is evil
§ Gives is sociological reason that he is corrupt from his community letting him do the things he
did
§ Also a psychological explanation from the guilt he feels from 'killing his son'
○

Catiline's War, page 15 (chapter 20)

'You have already heard before, separately, what I have pondered in my mind. Yet my spirit is
kindled more and
more each day when I reflect what the conditions of life will be if we do not assert our freedom
ourselves. For,
ever. since the commonwealth passed to the jurisdiction of a powerful few, it has always been to
them that the
dues of kings and tetrarchs go, that the taxes of peoples and nations are paid; the rest of us- all
the committed
and good, noble and ignoble - have been simply "the masses", denied favour, denied influence,
beholden to
those to whom, if the commonwealth thrived, we would be a source of fear. Hence all favour,
power, honour and
riches rest with them or are where they want them; to us they have left the dangers, rejections,
lawsuits and
destitution
This is the additional explanation that Sallust gives for why Cataline turned to crime, and this is
also the
reason that Cataline thinks that he turned to crime
○
Cataline is himself, giving in the in the course of the work
§ Cataline giving a speech to his supporters
§ Sallust wrote this for him
○

New dimension in explanations - not positivist, relative deprivation theory (powerful have taken
from the
masses)
§ About power and honor
§ Cataline feels unjustly deprived
○

Catiline's War, page 20

He therefore referred the matter, already discussed beforehand in rumours amongst the public, to
the senate.
And so, as often happens in the case of some frightening business, the senate decreed that the
consuls should do
their utmost 'to prevent the commonwealth from suffering any damage'. That is the greatest
power allowed to a
magistracy by the senate according to Roman custom: to prepare an army, to wage war, to coerce
allies and
citizens by every means, and to wield the highest command and jurisdiction at home and on
campaign.
(Otherwise a consul has the right to none of these things without an order from the people.)
○ How Romans dealt with a conspiracy
○ We learn about the SCU - senatus consultum ultimum
Powers granted by SCU - normally the consul is limited by the right of the provocatio, but with
the SCU in
place, he can coerce citizens by every means and wield the highest command (imperium)
○
○ Cicero did go into authority, because it was unclear about the implementation of the SCU
October of 63, then in Nov Cataline was still present but if the SCU had extraordinary measures
so if
Cataline though he was guilty then he wouldn't have been there
○

Catiline's War, page 22 (chapter 31)

But when he had sat down, Catiline, prepared as he was to dissemble everything, with face
downcast and
suppliant voice began to demand of the fathers that they should not believe rashly anything
concerning him: he
was sprung from such a family, and he had regulated his life from adolescence in such a way,
that he had good
prospects in every respect; they should not reckon that, as a patrician whose own and whose
ancestors' benefits
to the Roman plebs were very numerous, he needed the destruction of the commonwealth--when
it was being
safeguarded by M. Tullius, an immigrant citizen of the City of Rome.
○ Sallust tells us about Cataline's actions
Cataline's strategy was that he was from a good noble family, and Cicero was a new man/new
comer
(novus homo) didn't have ancestors that would reach the consulship
Cicero's family was from outside Rome, and because of this he was not as elite as Catiline
though he
was
§
○

Cataline presenting Cicero as an outside man - trying to get the people to protect their own
§ Cataline making himself an insider so that he can have them turn on Cicero
○
But this didn’t work and Cataline fled from Rome and joined Manlius and then senate declares
him hostis
(enemy in Latin) or enemy combatant
○

Catiline's War, page 24 (chpater 36)

Nevertheless he himself delayed for a few days at the house of C. Flaminius in the territory of
Arretium, while he
furnished arms to a neighbourhood which was already galvanized; then, with the fasces and other
insignia of
command, he marched to Manlius in his camp. When this was found out at Rome, the senate
pronounced
Catiline and Manlius enemies and appointed a day before which the rest of their crowd (apart
from those
condemned on capital charges) could put down their arms with impunity. Apart from that, it
decreed that the
consuls should hold a levy, that Antonius with an army should speedily pursue Catiline, and that
Cicero should act
as defender of the City.
○ Sallust recounts the senate declaration of Cataline as an enemy (hostis)
Shows us that the difference between criminals and enemy combatants
§ Hostis have no right - subjected to violence - act of war, not punishment
§ Citizens that are criminals do have rights
○

○ Grey area for Cataline because he is a Roman citizen, but he did have evil plans
Conspiracy has criminals and war has enemies
§ Uncertainty as to what Cataline is
○

Catiline's War, pages 24-5 (chapter 37)

Such was the violence of the disease and the kind of rottenness which had attacked many of the
citizens' spirits.
And not only was there the mental derangement of those who were accessories to the conspiracy,
but the entire
plebs, in its enthusiasm for revolution, approved completely of Catiline's projects. That, indeed,
it seemed to do
from its own particular habit. For it is always those in a community who have no resources who
resent the good
and extol the wicked, who hate what is old and crave what is new, who in their hatred of their
own
circumstances are enthusiastic for everything to be changed, and who thrive on disruption and
sedition with no
concern, since destitution is a possession easily held without loss. But, in the case of the City
plebs, there were
many reasons for its headlong plight.
○ Fuzziness is enhanced by the support that Cataline had from many Romans inside the city
Sallust is pointing out that the plebs are in favour of Cataline and he's saying that because the
people who
have little are always in favour of a revolution
§ "Destitution is a possession easily held without loss"
○

○ Relative deprivation theory and rational choice theory

○ Cataline still has support across the Roman people
○ When is an enemy not an enemy but a hero?
Catiline's War, pages 31-32 (chapter 48)
But, when Tarquinius named Crassus, a noble man of the greatest riches and the utmost power,
everyone cried
that the informant was false and demanded a motion concerning the matter-some deeming the.
matter
incredible, others because, though they reckoned it true, it seemed that at such a moment so
strong a man
should be mollified rather than provoked, while very many of them were beholden to Crassus
through personal
business. And so a crowded senate, when consulted by Cicero, decreed that Tarquinius'
information seemed
false and he should be kept in chains and given no further opportunity of informing except
concerning the person
whose scheme it had been that he should lie about so great a matter.
Someone accusing Crassus (richest and almost most powerful man in all of Rome) of being
involved in a
conspiracy
○
○ But he is too powerful, so he must be the good guy and anyone who accuses him is the bad guy
○ They put the blame on Tarquinius
Powerful people have so many tentacles in other peoples business, so they are protected by this
interconnectedness
§ We see this in our current world
○

Catiline's War, page 36 (Caesar speaking) (chapter 51)

The Lacedaemonians imposed on the defeated Athenians thirty men to handle their
commonwealth. At first they
began to execute, without trial, all the worst individuals and those resented by all: the people
were delighted and
said it was deserved. But after, when their license had gradually increased, they killed good and
bad indifferently
at whim and terrified the rest with dread. So a community which had been oppressed by slavery
paid a heavy
penalty for its foolish delight.
○ Senate was debating about what to do about the conspirators
○ They were being held under arrest
First speech was delivered by Gaius Julius Caesar, who would later fight the civil war against
Pompey and
become the dictator and then be exiled
○
Caesar uses the example of the 30 tyrants - arguing that once you start executing the worse
people, you
will just continue and it might not end
○

Catiline's War, page 37 (Caesar speaking) (chapter 51)

Yet at that very same time, in imitation of Greek custom, they chastised citizens with lashes and
exacted the
ultimate reprisal from the condemned. But, after the commonwealth had matured and the number
of citizens
led to thriving factions and the innocent began to be entrapped and other things of this type to
take place, then
the Porcian Law and other laws were provided, laws by which exile was permitted to the
condemned. This I think
is, an especially good reason, conscript fathers, for our not adopting a new counsel. Naturally
those who created
so great an empire from small resources had better prowess and wisdom than there is in us, who
scarcely retain
what has been so well acquired.
○ Caesar touches upon the law - they USE TO have the death penalty
Arguing that earlier Romans saw Roman politicians using the law courts to settle their personal
feuds, so
since the system was being abused they stopped executing citizens in order to stop this corrupt
practice
§ If you were convicted of a capital crime, you went to exile instead
§ The ones who decided this built the Roman empire, and therefore must be smart
○

Catiline's War, page 37 (Caesar speaking) (chapter 51)

'Should they therefore be discharged and Catiline's army be increased? Not at all. But I do
propose as follows:
that their money should be confiscated and they themselves held in chains in the municipalities
which have the
most effective resources; that no one afterwards should bring a motion before the senate
concerning them nor
discuss them in front of the people; and that the senate thinks that whoever acts otherwise shall
be acting
against the commonwealth and the welfare of all.'
Caesar proposes what he thinks should be done for the conspirators
§ Moved out of city and held in houses there
Still no long term containment, but Caesar thinks this is a good idea and this is a radical idea for
the
time
§
○

Senate seems to find the speech persuasive, Sallust says that everyone is in agreement for a while
until
someone else speaks
○

Catiline's War, page 37 (Cato speaking) (chapter 52)

'Far different is my inclination, conscript fathers, when I contemplate the circumstances of our
dangers and when
I think over to myself the opinions of several of the members. They seem to me to have spoken
about the
punishment of men who prepared war against their own fatherland, parents, altars and hearths;
but
circumstances suggest that we should be wary of those men rather than that we should be
deliberating what
decision to take against them. Other misdeeds you pursue only when they have already been
done but, unless
you see to it that this one does not befall us, you will invoke the courts in vain when it has
happened: when a city
has been captured, the defeated have nothing left.
Newly elected speaker, starts by saying that Caesar is treating the conspirators as just regular
criminals
§ But the crime they engage in shouldn't just be punished, but also prevented
○
Fear that they will get away with it and follow through with their actions and then become in a
position
where they can make themselves not criminals
○
○ States that this must send a message to the army that's marching on the city
Catiline's War, page 39 (Cato speaking) (chapter 52)
For that reason, when you decide about P. Lentulus and the others, be assured that at the same
time you are
issuing a decree about Catiline's army and about all the conspirators. The more attentively you
conduct these
matters, the weaker the spirit in those quarters will be; but, if they see you wilt only a very little,
all of them will
soon make their defiant presence felt.
○ Cato is making a deterrence argument here
He says that if you deal harshly with the conspirators, you'll also deal with their partners and
others will be
less likely to commit the same crime
○

Catiline's War, page 39-40 (Cato speaking) (chapter 52)

'Citizens of the greatest nobility have conspired to burn their fatherland; they summon the Gauls,
a people most
hostile to the name of Rome, to war; the enemy leader and his army are poised over our heads:
do you, then, still
hesitate and doubt what to do with the enemies caught inside the walls? I propose that you take
pity on them -
mere young men who did wrong through ambition and discharge them still armed! Do not let
your mercy and
pity make you pitiable yourselves, should they take to arms! "Certainly the issue itself is harsh",
you say, but you
"do not fear it." Yet you do, and very greatly; but through idleness and soft-heartedness you
hesitate, one
waiting for another, evidently trusting in the immortal gods, who have often saved this
commonwealth in its
greatest dangers. Yet it is not by prayers and womanly supplications that the help of the gods is
acquired; it is by
watchfulness, action and good deliberation that everything ends successfully. When you submit
to lethargy and
apathy, you invoke the gods in vain: they are angry and hostile.
○ Makes argument that evokes gender stereotypes
○ Cato presents the conspirators as enemies even though they haven't been declared as enemy
combatants
○ He says in war you must take manly action, and you must kill them
Senate agrees and sends an army to fight against Cataline's army
§ Cataline is seen as an enemy combatant
○

Catiline's War, page 46 (chapter 60)

Meanwhile Catiline was active in the front line with his unencumbered troops: he helped the
flagging,
summoned the fit to take over from the injured, made every provision, fought hard himself, and
often struck the
enemy: he performed simultaneously the duties of committed soldier and good commander.
Contradictory to image at the beginning of Cataline
§ He is seen here as a hero and good solider
○

Catiline's War, page 46 (chapter 60)

When Petreius, contrary to what he had expected, saw the great strength of Catiline's exertions,
he led his
praetorian cohort into the enemy's centre and, having caused great confusion there, killed them as
well as others
who resisted in various other places; then, from the flanks on both sides, he attacked the rest.
Manlius and the
Faesulan fell fighting amongst the foremost; as for Catiline, after he saw his forces routed and
himself with only a
few left, mindful of his lineage and his own old-time status, he rushed into the thickest of the
enemy and there,
fighting, was stabbed.
○ At the end of his life, Cataline remembers his ancestry and he dies bravely as befits a good
Roman
Petreius was in place of Antonius (because he had bag gout that day), and he commanded the
army that
day
○
Emphasizes Cataline heroic's action, and how he fought through much pain, in contrast to the
consul that
had to rest because his feet hurt
○
○ Sallust is trying to say that the worst criminals are the ones that could have been the best
people
Catiline's War, page 47 (chapter 61)
Yet neither had the army of the Roman people achieved a delightful or bloodless victory: all the
most committed
had either fallen in the battle or retired seriously wounded. As for the many who had emerged
from the camp for
the purposes of viewing or plundering and were turning over the enemy corpses, some
discovered a friend,
others a guest or relative; likewise there was those who recognized their own personal
antagonists. Thus,
throughout the entire army, delight, sorrow, grief and joy were variously experienced.
Cataline's character is both criminal and heroic, and war with Cataline is a war against insiders
and
outsiders
Think back to Oresteia, which becomes a core model for many of the ways in which the ancients
think about crime and punishment
§

§ Violence should always go to the outsiders (said Athena)

○

The feelings that Cataline and his war evokes are both joy at the victory and the defeat of enemy,
but also
sorrow and grief at the death of friends or guests
§ The importance of hospitality - guests are social connections
○

○ Tests limits of what it means to be a criminal or enemy

○ Ancient romans also struggled with how to treat people and classify them as enemies or
criminals

Week 12:
The Five Things
Author: Marcus Tullius Cicero (or just Cicero)
- A Roman politician who lived from 106-43 BCE
- He was an optimate (valued Senate) and a novus homo (did not have any Senatorial ancestors)
- Greater orator and lawyer in this period in Rome
Title: We're reading one of Cicero's courtroom speeches, most commonly known in Latin as the
Pro Caelio,
translated in your book as In Defense of Marcus Caelius
- On behalf of or in defence of Marcus Caelius
Date: Cicero delivered the speech in 56 BCE, this was less than a decade after the Catilinarian
conspiracy
It is also worth noting that in 52 BCE, the year in which Clodius was killed, both Caelius and
Sallust were
tribunes
-
Location: Cicero lived in Rome, and this speech was for a court in the city
- Was done outside for people to watch, and there was a crowd
Language: Cicero wrote and spoke in Latin
In 56 BCE Lucius Sempronius Atratinus, son of Lucius Calpurnius Bestia, and (maybe) Publius
Clodius Pulcher
(Cicero's arch enemy) prosecuted Marcus Caelius Rufus on the charge of vis (violence - political
violence like
insurrection). He defended himself, with the support of Marcus Licinius Crassus and Marcus
Tullius Cicero
(orator).
Caelius, the defendant, had prosecuted Lucius Calpurnius Bestia, the father of the prosecutor in
this case,
the previous year on electoral corruption (bad blood)
-

Caelius was born in the early 80s BCE, and as a young man (in his mid 20's at this point) was
somehow involved
with Catiline, though it's easy to believe Cicero when he says that Caelius did not join the
conspiracy.
- Cataline seemed to be a leader for you men who wanted to join politics
He went on to start a successful political career, and in 59 he successfully prosecuted Gaius
Antonius Hybrida
for repetundae (financial misfeasance).
- This guy was the one who's feet hurt so he didn't go to battle in last play
In the middle of the first century, Rome was increasingly involved in Egyptian politics, and the
king in Alexandria
was Ptolemy XII (the father of Cleopatra VII). In 58 BCE, largely because of his friendly
relations with Rome, the
Alexandrians deposed and expelled him.
- Romans needed Egyptians in terms of commercial intrests
- Ptolemy was pro Roman and he was booted from the throne because of this
The restoration of Ptolemy XII was a big issue in Roman politics at the time, and he eventually
was restored in
55 BCE. In 57 or possibly 56, the Alexandrians sent an embassy under Dio to oppose the
restoration, but Dio was
killed.
The Romans came to his aid, as restoration became a political hot button issue in the City of
Rome
because success in this endeavor would bring prestige for that Roman who was responsible and
in this
heightened political climate of intense competition
-

- He was restored the year after in 55

Dio was an official ambassador, and was sacrosanct so according to the international law of
antiquity,
anyone who went on a diplomatic mission basically had the ancient equivalent of our diplomatic
immunity
○ This didn't go well for him because on his way to Rome he was killed
○ International incident and intense political scandal
-

It's not clear exactly how Caelius was involved, but his ex-girlfriend Clodia was somehow
caught up in it. At the
trial, Cicero argued that it was all a plot cooked up by Clodia and Caelius was acquitted. He went
on to have a
successful career, supported Caesar in the civil war.
- Prosecutorial team: Lucius Sempronius Atratinus, Publius Claudius and Lucius Herennius
Balbus
Defense team: Caelius himself, Marcus Licinius Crassus and Cicero
○ Cicero argues that this is a plot cooked up by Clodia
-

Outcome: Caelius was acquitted on the charge - he went on to have a successful career and even
supported Caesar in the Civil War
-

In 48 BCE, Caelius was the praetor peregrinus (high up middle magistrate). He proposed a
radical program of
debt relief, was expelled from the office, raised an insurrection, and was killed fighting. Sound
familiar?!
- In the middle of the Civil War between Caesar and Pompey
Surprisingly similar to what happened with Cataline
○ Sallust picked the story of Cataline to write about because he saw a potential pattern
Back in 64 and 63, it was a big deal for Cataline to propose this platform of radical debt reform,
raise an army and threatened the safety of Rome and be killed fighting against the Roman army
○
By the time of Caelius, not even 20 years later, it wasn't such a big deal anymore
In the larger scale of history, the old framework from the Roman Republic which had been in
existence for 450 years by now was starting to come undone
§
Big changes were occurring - this speech highlights some of these changes (this speech is also
similar to last play - shows the way Romans think about violence and how the lawyers
operate)
§
○
-

In Defense of Marcus Caelius, page 193

Members of the jury:
[1] If somebody were here who knew nothing about our laws, our courts, and our customs, he
would
certainly wonder what crime could be so vicious that on a holiday when public games are taking
place,
when all civic business is at a halt, this one court should be in session. He would have no doubt
that the
defendant is charged with so massive a crime that to leave it unattended would result in the
collapse of
the state.
○ Cicero is the speaker throughout
Opening captivated the army - it was the festival of the Great Mother that day where there was
dramatic performances and normally Rome was basically closed down
○
○ The charge in this case, the charge of vis, was so serious that it could not be delayed
○ But Cicero mocks this charge, he thinks the charge of vis is for when the state is at danger
○ He makes Caelius up to be a charming young man who could not commit such a crime
Trial is taking place on a holiday, which gives Cicero an opportunity because if these jurors
didn’t
have to be there then they would probably be at a play elsewhere in the city, so Cicero gives
them a
performance worthy of such entertainment
○

Presents the narrative of the trial as if it was a play

A stock character that gets himself into trouble (usually sexual) turns about to be a good guy
after all in regular plays, so Cicero presents Caelius as this guy
§
He makes it less about the act, and more about the character of the accused - Caelius cannot
be a criminal if he is such a dashing young handsome guy
§

§ The first problem he needs to deal with is Caelius's history with Cataline
○

In Defense of Marcus Caelius, page 197

[13] Who was ever, at one time, more amiable to men of distinction, or who was more tightly
bound to
men of low vices? What citizen was ever a more staunch conservative at times, who was a more
unspeakable enemy to this state? Who enjoyed nastier pleasures, who endured toil better? Who
was
greedier for plunder, who was more generous with gifts? He had, members of the jury,
remarkable
characteristics: he embraced many men in friendship, he was respectful and polite, he shared
what he
had with everyone, in time of need he assisted his friends with cash, influence, physical labor,
criminal
behavior if necessary, and daring; he could alter his character and direct it for the occasion,
twisting and
bending it in all directions. He behaved austerely with serious people, pleasantly with relaxed
ones; he
was solemn with old men, affable with young; daring with criminals, loose with the lecherous.
Our hero Caelius can't have been a follower of the greatest villain in the history of Rome, the
man
from whom Cicero saved the state in the moment of its greatest danger, which is the pattern that
Cicero has been repeating as nauseam from his own gloria as he tried to build up his own
position
as having saved the entire republic back when he was consul in 63
○

Cicero is talking about Cataline here and all of Cataline's paradoxical remarkable character traits
Cicero has a little problem here in defending Caelius because Cicero had previously argued
that Cataline was the worst - so it looks bad that Caelius had previously associated with
Cataline
§
○

Caelius is not Cicero's usual type of client - he's a play boy

§ This type of f boy is the one that supports Cataline
§ Complicated legal history at work here to
○

Cicero is explaining away Caelius's relationship with Cataline by saying that when Caelius was a
follower of Cataline, Cataline wasn't so bad
Good example of courtroom rhetoric - it's not always about the truth, it's important to
persuade the jury (like in Lysias)
§
○

In Defense of Marcus Caelius, page 204

But to you, Balbus, l'II answer with your approval, if I may, if it's right for me to defend
someone who
never turned down a party, who has been in pleasure gardens, who has used unguents, who has
been to
Baiae. [28] I've seen and heard many people in this nation myself who not only tasted a small
sample of
this life and touched it, as they say, with the tips of their fingers, but even surrendered their entire
adolescence to pleasure; they came out of it sooner or later and returned, as they say, to a good
harvest
and became serious men of consequence.
○ Cicero continues to build his case around Caelius being a good character
Cicero mentioned Baiae as a place that Caelius likes to go - it was a swank beach resort town not
far
from Rome
○
He's saying it's appropriate for young men to be a bit wild, but he's saying he'll settle down after
his
youthful shenanigans
§ Making this about the person that Caelius is, not about the things that he's done
He can do this because he is the third of the defense speakers, the other two (Crassus and
Caelius himself), presumably dealt with the meat of the charges - he is the last voice so he
makes it about character rather than the charge
§
○

In Defense of Marcus Caelius, page 206

There are two charges. One involves gold, the other poison; in both of them one and the same
person is
concerned. The gold was borrowed from Clodia, the poison was sought to give to Clodia-or so
they say. All
the rest are not charges but slanders; they belong to a violent quarrel rather than a public court.
"Adulterer, degenerate, graft-giver." That's brawling, not prosecution. There's no foundation for
these
charges, no basis. They're fighting words thrown out hit or miss by an angry prosecutor with no
evidence.
○ Doesn't disregard the charge completely
○ Accuses the prosecution of attacking the character of his client and not just the crime
Gives him the opportunity to attack the character of the prosecution, in addition to defending
Caelius
○
Every story needs a villain, so Cicero introduced Clodia who was a very famous and well off
person
in Rome
§ She was the sister of Publius Caludius Pulcher
§ A very scandalous socialite (spent a lot of time partying at Baiae)
§ She was famous through her status, and because of poetry
She had a very messy breakup with Caelius and was even related to one of the prosecutors in
the case (aka the whole breakup was kind of messy)
§
○
Both Caelius and Clodia went to parties and presumably had too much to drink and were open
with
their sexuality, but there is a double standard
§ For Clodia, these actions are a sign of her unsavory personality; she is called a slut
○

In Defense of Marcus Caelius, page 206

[31] But if, once that woman is removed, there's no charge and no backing remaining for their
attack on
Caelius, what else am I supposed to do as an advocate, except to fight off the attackers? And I
would do it
more vigorously, if I didn't have previous enmities with that woman's husband - I mean her
brother; I
keep making that mistake.
○ Cicero attacks Clodia
Cicero makes a joke about the rumor that Clodia and her brother Clodius areinvolved in a sexual
relationship
○

In Defense of Marcus Caelius, page 214

[48] If there's anyone who thinks hookers should be forbidden to young men, he's really severe-
there's no
denying it- but he's completely at odds not only with the lax standards of the present generation
but even
with the customary allowances made by our ancestors. When was this not common, when was it
criticized, when was it forbidden? When, in short, was it true that what is now permitted wasn't
permitted? Here I'm only defining the issue, and I'm not naming any particular woman. That
much, I will
leave unsaid.
Cicero combines his defense of Caelius's character and attacks against Clodia
§ This undermines the prosecution and bolsters his own client
○
Arguing that it’s a normal part of Caelius and his generation to sleep with prostitutes
§ But he said prostitutes cannot be part of government and they cannot be citizens
It is not a problem to get paid for sex, but it is a problem to be paid for sex as citizens are
suppose to choose their sexual partners
This brings back the metaphor of the theater because it was acceptable for citizens to
watch plays, but actors were not allowed to be citizens - because being the object of
looking is bad but being the subject of looking is okay
□
§

As a sexually available women, she looks like the object to the juror (he uses the gender
stereotypes)
§
○

In Defense of Marcus Caelius, page 214

[49] If an unmarried woman opens her house to everyone's desire and openly sets herself up as a
whore
and decides to enjoy parties with men with whom she has absolutely no connection, if she does
this in
Rome, in her gardens, in the crowds at Baiae, if in short she behaves loosely not just in the way
she walks
but in what she wears and who her friends are, it's not just her flashing eyes and loose language
but her
hugs, her kisses, her beach parties, her boat trips, her carousals that make her seem not only a
whore but
a whore who solicits men shamelessly. If some young man perhaps hooked up with her, does he
seem to
you, Herennius, an adulterer or a lover; does he seem to you to have wanted to assault her
modesty or
just to relieve an itch?
○ Cicero makes this case knowing that he can count on a large part of the jury agreeing with him
Just like the Oresteia, it's less about the crime and rather about the sexual practices about the
prosecutor and the accused
○
○ Clodia is the real villain and Caelius is just doing what all men do
In Defense of Marcus Caelius, page 217
In the charge there resides no suspicion, in the case there is no logical argument, in the action
that's
supposed to have taken place there isn't a trace of the conversation, of the place, of the time; no
witness

is named, no accomplice; the whole charge is brought forth from a hostile, disgraced, cruel,
criminal, sex-
crazed home. The house that is said to have been assaulted in this wicked crime is filled with
honesty,

dignity, duty, and conscience; that's the house from which the testimony under oath that was
recited to
you comes, leaving to be decided something about which there is no doubt, whether it seems
more likely
that a rash, pushy, angry woman invented the charge or a serious, wise, and balanced man gave
his
evidence scrupulously.
○ Cicero says there's no case regarding the seditious violence, the only case is the sex part
Makes the case about families and not just Clodia and Caelius as individuals
Positivist criminology refers less about the crime and more so about the trait/characteristics
of the criminal - this includes their ancestry and environment
§
Biological positivism in particular argues that ancestry and genetics were more likely to
determine whether a person was going to be criminal
□ Similar to arguments that Sallust made about Cataline
§

Positivism from a sociological standpoint focuses on environmental factors - whether they

have a support network or if their family is law abiding
□ This is what is shown in this passage
□ Clodia's family is seen as a criminal one and Caelius's is not
§
○

In Defense of Marcus Caelius, page 220

Great indeed is the power of truth! It can defend itself easily and on its own against the wits and
cleverness and wiles of men, against everyone's invented ambushes! [64] This whole tale, for
instance,
belongs to an aging lady poet who has written a lot of comedies-but it has no plot and no ending.
○ Prosecution via Clodia has made up a fictional story though the court were the theater
○ Aging lady poet refers to Clodia
Cicero is assimilating this to a Roman comedy and he presents Caelius as the typical comic hero
and
Clodia as the evil villain
But just as Cicero accused the prosecution of ignoring the facts to make his case about
Caelius's character, now he is projecting his own strategy onto the prosecution again
§
○

Cicero argues that Clodia is kind of directing the prosecution behind the scenes, mainly by using
theatrical strategies
○

In Defense of Marcus Caelius, page 223

[70] Members of the jury, my case is said and done. And now you understand how important the
judgment is for which you're responsible, what a serious matter has been entrusted to you. You're
sitting
as a court dealing with crimes of violence. That law applies to the empire, to its dignity, to the
condition of
our country, to the well-being of us all. The law was passed on the proposal of Quintus Catulus
during an
armed revolt of citizens, when the commonwealth seemed on its deathbed, it is the law that, after
the fire
during my consulship had been brought under control, put out the last smoking remains of the
conspiracy. This is the law under which this young man Caelius is being prosecuted not to exact
punishment on behalf of the commonwealth but on behalf of the sexual perversions of this
woman.
○ Cicero reminds the jury of the sexuality and the nature of the charge
The Quintus Catulus that Cicero refers to here was a consul in the year 78
§ His college was Marcus Aemilius Scaurus
§ In 78, Marcus Aemilius Lepidus had assembled and army and marched on Rome
§ This is the kind of violence that Cicero argues the charge is about
§ He argues that the last survivors of the Catilinarian conspiracy were prosecuted
§ These are major riots and crisis of states
○

○ He's saying it's crazy that this is the charge that's on Caelius
Egypt was important to Rome because of grain
When Dio showed up, it could have been easy to stir up ruckus to distract from him being
there
§

The case is less about he assassination of the ambassador Dio, and more about the real
possibility of chaos in the city
§
○

Cicero, like the positivist criminologist, makes his case on character, rather than fact and his case
is
successful
○

Riggsby, Crime and Community in Ciceronian Rome, page 103

Finally, we should make explicit reference to a radical technique for establishing judging
paradigms which
is illustrated in pro Caelio. We have already recalled one of Geffcken's most interesting
observations on
this speech. Cicero pointed out that the performance in the court had taken the place (for the
jurors) of a
theatrical performance. He went on to draw parallels between figures and actions in the case and
certain
characters and plots of drama (especially comedy). By establishing these homologies Cicero
invites the
jurors to view themselves as a comic, not a judicial, audience. As such they would naturally
support the
young hero (Caelius) in preference to agelasts such as the prosecutors.
○ Idea of theatrical substitution
Riggsby, Crime and Community in Ciceronian Rome, page 104
He in essence asked the jurors to use a general (theatrical) metaphor to govern their behavior in
the
court. Once he has done this Cicero's view of specific issues (e.g., the proper outcome of the
case) seems
to flow naturally. A modern parallel might be use of the "war on ... metaphor by politicians
speaking to a
citizenry generally suspicious of increases in state power or expenditure. If, however, the public
can be
made to feel that "war" (on drugs, on poverty, on cancer) is being waged, then unspoken
consequences
follow naturally. Of course, then, costs should not be counted carefully; of course, the situation
demands
unusual obedience to central authority. The trick here lies in trying to replace an entire
metaphorical
system.
Metaphors get us to think in different ways, and a courtroom lawyer like Cicero can use this to
het
the jury to think the way that they want
○
Cicero says that the play is a comedy and Caelius is a comic hero, so way of thinking follows
this
rather than the exact details of the case
○
○ In the modern world, we also fall into habitual patterns of thoughts and we use stereotypes
○ Jurors and criminologists need to look through these patterns of thinking
Riggsby, Crime and Community in Ciceronian Rome, page 112
The crime of vis has two defining characteristics. The first is the actual act of violence. The
second is an
adverse effect on society as a whole. Perhaps by statute, and certainly in fact, it is vis contra rem
publicam
that is criminal. Lintott's (1968: 28-34, 52-66) comparison of the treatment of violence in
criminal law with
that in civil law and in literary and philosophical texts is revealing. Rome had a long tradition of
reliance on
popular justice, usually in symbolic forms but even to the point of violence (Usener 1901). This
does not
so much indicate a "permissive" attitude toward violence as diffuse the authority to use it. Texts
from the
middle of the first century indicate that these attitudes were still broadly held and that violence in
the
pursuit of legitimate goals was itself legitimate, if not as a first resort.
○ About the changing attitudes about criminology that occur in the first century BCE in Rome
Draco's law weren't harsh because they mandated death as a penalty, it was because they allowed
for legal self-help as a possibility
Both in Athens and in Rome, there was a lack of police force, so self- help was an appropriate
means of dealing with crime
§

§ But in Rome, they began to limit the use of violence to deal with crime
○
Riggsby, Crime and Community in Ciceronian Rome, page 113
Max Weber famously defined the "state" as that political institution which claims for itself a
monopoly on
the legitimate use of violence. Later sociologists have pointed out problems with extending this
definition
to the premodern period, but we can still use Weber's insight to organize our thinking about the
social
context of violence. In particular, it will be argued in this section that the rise of the Roman
principate
involves the creation of a Roman state in roughly the sense of Weber's definition. Or perhaps we
should
say that the two phenomena (the rise of a particular government of and the underlying "state")
are
different aspects of the same political process of centralization of authority.
We can also see that those changes had already started to take place in our period.
Key element of modern thinking is that it's the state that uses legitimate violence and all other
violence is criminal
This idea has been challenged recently because of the way that the state has been using their
power of violence
§

We give them this power as part of our social contract, and the police have the ability to use
violence when necessary in our society - but they cannot always use this authority responsibly
(as we have seen recently in response to especially racial incidents)
§
○

Generally, or at least in an ideal world, police are allowed to use violence to respond to crime,
but
ordinary citizens cannot - but this is NOT the case in Rome
§ Fundamental difference between modern and ancient worlds
But we see slight introduction of this modern attitudes in application of ancient times around
the first century BCE
§

The law on vis, and in questionable circumstances shows that the Roman state is centralizing
its authority and restricting its authorization to others to use violence
Violence that is not authorized by the state is vis rem publicam (violence against the
state)
□
§
○

Cicero focuses on the sensational tabloid story - which is almost a modern approach to crime
§ He takes positivist approaches to crime and looks at people rather than crime
He also creates a sensational story and links in famous people to make it popular
entertainment for the jurors
§

He promotes and advocates for a sexual double standard that exists today - who is seen as
good or bad and criminal and innocent
§
○

Concluding Thoughts
Crime and criminality is connected to the idea of community
Violence inside the community is considered crime and violence outside the community is
considered warfare
○
-

- If you don't behave according to the rules set by society, you become and outlaw of the society
Theories of criminality were developed for the modern world, but we can see similar ideas in the
ancient
world
-

Examined pop culture artifacts of the ancient world through literature, philosophy, their law
court
speeches, historiography and defense speeches disguised as theatre
○ By doing so, we can see the gap between antiquity and modernity isn't as big as we thought
Test bank:
In this course we will examine evidence from all of the following genres EXCEPT:

• A. Historical texts

• B. Ancient drama

• C. Television

• D. Philosophy

• E. Courtroom speeches

Why was Socrates imprisoned before his execution?

• A. There was a delay because of a religious holiday.

• B. He was unable to pay the fine associated with his crimes. • C. He asked for
imprisonment as his punishment.
• D. It was regular procedure in Athens to imprison criminals. • E. The executioner had to
be summoned from elsewhere.

What was the punishment for parricide in the Roman Imperial period?

• A. Beheading

• B. Execution by beast or fire

• C. Hanging

• D. The culleus (or “sack”)

• E. Exile

The earliest category of periodization for the Greek world is the Neolithic Period. True

Who was the first Roman emperor?

• A. Gaius Marius
 • B. Romulus

• C. Augustus

• D. Justinian

• E. Julius Caesar

The 5th century CE is earlier than the 6th century CE.

True

Which of the following was the earliest?

• A. The Republican Period of Rome

• B. The Later Roman Empire

• C. The Regal Period of Rome

• D. The Classical Period of Greece

• E. The Hellenistic Period

The end of the persian wars marked the beginning of the classical period in Greece Marius and
Sulla engaged in civil war in the 1st century BCE
Early Rome was ruled by kings/a monarchy

In Athens, a prosecutor in a public case who failed to win at least 20% of a jury vote could be
charged with sycophancy

On what object does the description of the following scene appear?

The people were assembled in the marketplace, where a quarrel had arisen, and two men were disputing
over the blood price for a man who had been killed. One man promised full restitution in a public
statement, but the other refused and would accept nothing. Both made for an arbitrator, to have a
decision, and the people were speaking up on either side, to help both men. But the heralds kept the
people in hand, as meanwhile the elders were in session on benches of polished stone in the sacred circle
and held in their voices. The two men rushed before these, and took turns speaking their cases, and
between them lay on the ground two talents of gold, to be given to that judge who in this case spoke the
straightest opinion. The Shield of Achilles

Who or what were the Eisagogeis?

• A. Prison guards
 • B. Judges of murder trials

• C. Months in which merchant legal cases could be heard

• D. Magistrates who heard cases involving loans and banking

• E. Teachers of rhetoric
What was the name of the court system Solon set up?

• A. The Areopagus

• B. The Ephetai

• C. The Heliaia

• D. The Ekklesia

• E. None of these

If a jury vote in a trial in 4th century Athens resulted in a tie, the defendant was acquitted. True
In what language was the Oresteia originally written?
• A. English

• B. Homeric Greek

• C. Latin

• D. Koine

• E. Attic Greek

The elders of Argos make up the chorus in the Agamemnon. True

Who is the speaker of the following passage?

You have made into a thing of no account, no place, the sworn faith of Zeus and Hera, lady of
consummations, and Cypris by such argument is thrown away, outlawed, and yet the sweetest things
in man’s life come from her, for married love between man and woman is bigger than oaths,
guarded by right of nature.
 • A. The Chorus

• B. Clytaemestra

• C. The Furies

• D. Orestes

• E. Apollo

• Orestes killed his mother, Clytaemestra. He also killed his father. False

In the following lines, who is meant by “Agamemnon’s queen”?

Ho there, ho! I cry the news aloud to Agamemnon’s queen, that she may rise up from her bed of
state with speed to raise the rumor of gladness welcoming this beacon, and singing rise, if truly the
citadel of Ilium has fallen, as the shining of this flare proclaims.

• A. Cassandra

• B. Iphigenia

• C. Electra

• D. Clytaemestra

• E. Oresteia

The Chicago School of Sociology is particularly associated with which of the following?

• A. Social Disorganization

• B. Relative Deprivation

• C. Phrenology

• D. Differential Intelligence Theory

• E. Biological Positivism
The theory of relative deprivation advances the idea that people commit crime because other
people are better off, and criminals want to even things out

According to Walklate's chapter "What is Criminology?" the 'white and ethnic minority,
heterosexual male' is the victimological norm. false

Choose the answer that best completes the following: Relative Deprivation Theory would
suggest that Orestes killed Clytaemestra and Aegisthus because…

• A. …even though he was wealthy in Phocis, he felt that he had been mistreated by his
mother.

• B. …he understood that although he was wealthy in Phocis, he considered the wealth he
would gain as king of Argos worth the risk of the Furies and a trial.

• C. …as a relative of Clytaemestra, he felt he had a responsibility to punish her for her crime.

• D. …he needed the money he could get by becoming king of Argos.

• E. …he was poor in relation to Clytaemestra and Aegisthus, and poor people are more likely to
commit crimes.

The criminological approach/theory of the Chicago School is associated with the idea of the
'zone of transition' as an explanation for criminal activity. True

The way that societies think about homosexuality and identity was used as an example of which
approach to crime and criminals?

• A. Biological

• B. Hegemonic Masculinity

• C. Social Constructionist

• D. Humanistic

• E. None of the above

The following passage exemplifies what approach to crime?

In my opinion it's the weaklings who constitute the majority of the human race who make the rules.
In making these rules, they look after themselves and their own interest, and that's also the criterion
they use when they dispense praise and criticism. They try to cow the stronger ones—which is to say,
the ones who are capable of increasing their share of things and to stop them getting an increased
share. The speaker is Callicles

• A. Humanistic

• B. Social Constructionist

• C. Legal

• D. Moral

• E. Religious

The scene in the Iliad where Athena appears behind Achilles and urges him not to attack
Agamemnon is an example of psychological positivism.

In the modern world, the visible types of criminals are predominantly poor men belonging to
ethnic minorities, but in the ancient world they were:
• A. Lower class, ethnic minority males

• B. Lower class, ethnic majority males

• C. Upper class, powerful males

• D. Upper class, powerful females

• E. None of the above

Choose the answer that best completes the following: Clytaemestra acts in a masculine manner
and feminizes Agamemnon before killing him. This fits well with Walklate’s explanation of
criminology because…

• A. men are more likely to be criminals and women are more likely to be victims of crime.

• B. gender has little impact on the likelihood or perpetrating or experiencing crime.

• C. among wealthy families (like that of Atreus), violence against women within the household
is the most common type of crime.
• D. criminals are likely to seek out weaker victims, and to view them as feminine even when
they are men.

• E. people often assume that men are more likely to be criminals and women have the
characteristics of victims.

Which of the following is NOT an exemption to a charge of homicide, according to Draco?

• A. 'Road rage' from an incident on the highway

• B. A 'friendly-fire' incident in battle

• C. Catching an adulterer in the act

• D. Killing a boxing opponent

• E. Killing a thief

How is the following passage relevant to Lysias 1?

This is my prayer: Civil War

fattening on men’s ruin shall

not thunder in our city. Let

not the dry dust that drinks

the black blood of citizens

through passion for revenge

and bloodshed for bloodshed

be given our state to prey upon.

Let them render grace for grace.

Let love be their common will;

let them hate with single heart.

Much wrong in the world is thereby healed.

• A. The prosecution in the case of Lysias 1 had argued that Eratosthenes and Euphiletos had a
rivalry stemming from their actions during the democratic resistance to the Thirty Tyrants, a
period of civil war in Athens.

• B. The alleged murder victim in Lysias 1 was a foreigner, and Lysias argues that as an outsider
he deserved to be killed.

• C. Lysias quotes from the passage in his speech.

• D. This passage argues for an end to the cycle of vengeance, and Lysias argues that the
victim's family should not take vengeance against his client.

• E. Lysias presents the alleged murder victim as an outsider against whom violence is
acceptable and even demanded.

What was Euphiletos' wifes name?

• A. Athena

• B. Cilissa

• C. Euphileta

• D. Oea

• E. Nobody knows

Lysias 1 is an important case for understanding crime and punishment in ancient Greece
because:

• A. It teaches us about the actual provisions of Draco's homicide law

• B. It demonstrates how Athenians conceived of the concept of criminality

• C. It is an example of how ancient lawyers used rhetoric in the law courts • D. None of
the above
• E. All of the above

How does Euphiletos first discover that his wife has been committing adultery?

• A. Euphiletos' slave girl

 • B. An old woman tells him

• C. Eratosthenes confesses it

• D. He catches them in the act

• E. Eratosthenes' ex-lover arranges a trap

Who is the speaker in the following passage?

On this occasion I was the only member of the executive who opposed your acting in any way
unconstitutionally, and voted against the proposal; and although the public speakers were all ready
to denounce and arrest me, and you were all urging them on at the top of your voices, I thought that
it was my duty to face it out on the side of law and justice rather than support you, through fear of
prison or death, in your wrong decision.

• A. Lysias

• B. Orestes

• C. Socrates

• D. Solon

• E. Euphiletos

Powerful people, according to Socrates in the Gorgias, are most likely to have the most terrible
punishment in the afterlife. True

Xanthippe was the wife of Socrates

Archelaus was a tyrant of Macedon

Socrates is best known as a philosopher. He is also famous for staging plays at the Dionysian
Festival. False

Which part of the Corpus Iuris Civilis consists of fragments and quotations from jurists?
• A. The Institutiones

• B. The Digest
 • C. The Novellae

• D. The Codex Iustiniani

• E. The Edicts

When were the Twelve Tables published?

• A. 367 BCE

• B. 450 BCE

• C. 31 BCE

• D. 509 BCE

• E. 149 BCE

The Greek atimia roughly correspond to infamia in latin

A Roman needed to be at least 20 years old to testify in a criminal court. What did the lex
Calpurnia of 149 BCE do?

• A. Mandated that one consul had to be a plebeian

• B. Allowed plebeians to be pontifices

• C. Granted a paterfamilias authority to kill a daughter caught committing adultery • D.

Established the first quaestio perpetua
• E. Changed the penalty for serious crimes to exile rather than death

What was the importance of the ‘Law of Citations’?

• A. It meant that advocates had to cite evidence in trials.

• B. It made the emperor’s edicts into law.

 • C. It stated that litigants could be fined for non-appearance in court. • D. It made the
opinions of some jurists binding.
• E. None of the above.

Which emperor instituted the practice of ius respondendi ex auctoritate principis (‘the right of
responding from the authority of the emperor’)?

• A. Justinian

• B. Augustus

• C. Theodosius II

• D. Gaius

• E. Caesar

Who of the following lived fourth?

• A. Theodosius II

• B. Gaius

• C. Augustus

• D. Justinian

• E. Ulpianus

Who of the following lived fifth?

• A. Justinian

• B. Theodosius II

• C. Ulpianus

• D. Augustus

• E. Gaius
The crime of stellionatus was a kind of fraud. What does it literally mean?

• A. Wearing a false beard

• B. Acting like a lizard

• C. Staining the right hand

• D. Pretending to be a Roman citizen

• E. False astrology
Who of the following did not live in the 1st century?
- cleisthenes *
- cato
- Cleopatra
- caesar
- cicero

The period from about 3000-1100 BCE is known as the *Bronze* age Solon and
Kleisthenes lived in the 6th century BCE (T)
During the Peloponnesian War, what league did Athens lead?
- the democratic league
- the delian league *
- the athenian league
- the attic league
- none of these

In what period did Minoan civilization reach its peak?

- golden age
- Bronze Age *
- classical period
- dark age
- Hellenistic period

What was the main function of protons in ancient Greece and Rome? - to deter others
from committing crimes
- to make use of prison labour
- to torture criminals into changing their ways
- to hold criminals until their sentences could be carried out *
- to rehabilitate criminals

Modern law makes a distinction between criminal and *civil* law

It is east for us in the modern world to define what exactly a crime was in antiquity (F)
Who of the following was NOT a Roman emperor?
- Theodosius II
- augustus
- Alexander the Great *
- Hadrian
- justinian

One of our most extensive early inscriptions of a Greek law code is from Gortyn. Where
is Gortyn?
- peloponnesia
- macedonia
- Southern Italy
- crete *
- the Black Sea coast

When did Solon reform the Athenian government and laws? - he dient
- 594 BCE *
- 480 BCE
- 621 BCE
- 508 BCE

The Roman Republic was established in 753 BCE (F)

The Areopagus is named after the god *ARES*

Which of the following officials is NOT one of the Archons?

- Basileus
- eponymous archon
- sitophylakes *
-polemarchos
- thesomothetal

The kyrios in Athenian culture was the chief magistrate (F)

The Oresteia was first performed in 458 BCE

In the Oresteia, who is Loxias?

- apollo *
- servant in the royal palace
- Agamemnon’s uncle
- Cassandras husband
- the real killer of clytaemestra

Orestes claims to have *Apollo*’s divine authority in support of killing his mother

Which of the following is NOT a thematic element in the Oresteia? - the importance of
hospitality in greek culture
- vengeance against someone who has done wrong
- the importance of military success for glory *
- the establishment of a rational justice system
- the conflict between divine law and human law

Which of the plays of the Oresteia consists largely of a jury trial in Athens? - the
Agamemnon
- the libation bearers
- the Eumenides *
- all of these

According to Walklate, which of the following is NOT one of the 4 important social
variables that frame experiences of criminal victimization?
- gender
- social class
- employment status *
- age
- ethnicity

The way that societies think about homosexuality and identity was used as an example
of which approach to crime and criminals?
- biological
- hegemonic masculinity
- social constructions *
- humanistic
- none

The theory of *positivism* is defined as an approach that emerged in the early

nineteenth century which argues that social relations and events (including crime) can
be studied scientifically

The idea that the social expectations of gender help to determine who is likely to
commit crimes belongs to the moral approach to crime (F)

In the Oresteia, people are most masculine when they are doing violence and most
feminine when they are victims of violence (T)

The following passage exemplified what approach to crime?

“In my opinion its the weaklings who constitute the majority of the human race who
make the rules…increasing their share of things and to stop them getting an increased
share”
- moral
- humanistic
- social constructionist *
- legal
- religious
What was Socrates role concerning the battle at arginusae?
- soldier in the battle
- argued against Athens participation
- part of the underground rebellion
- epistles at the trial of the generals *
- spoke on behalf go the defence of the generals
Nobody knows the result of the trial at which Lysias 1 was delivered (T)

Who is the speaker?

“What is appropriate?…victims sufferings helps them to improve”
- Socrates *
- Lysias
- Polus
- Eratosthenes
- none
Choose the answer that best completes the following: Relative Deprovation Theory
would suggest that Clytaemestra killed Agamemnonbecause…
-he failed to sacrifice to the gods for her sake

- she preferred life with aegistrus

- he had killed their daughter Iphigenia

- she had been forced by Agamemnon to send orestes away

- he had locked her in the palace and starved her

The social approach to crime defines it as behaviour that violates social norms whether or not
it breaks the law

The 4 components of social control theory are: attachment, commitment, involvement, belief

Lysius explains that the penalty for seduction is worse than the penalty for rape because
seducers corrupt the soul of their victim while rapists harm only the body of their victims. What
was the reason the penalty for seduction was worse than the penalty for rape?

-lysias was right.

-the law reflects the Athenians deep hatred of seducers because they make succession and
proper inheritance unclear

- seduction was a crime that could only be committed against the wives of citizens, while rape
was more commonly committed against lesser victims, like slaves and foreingers

- it’s a false premise- the penalty for seduction was not worse than the penalty for rape

In the following passage, cases of what nature are being discussed?

“I believe that all states make laws … cases in theis nature we exact this kind of penalty from
wrongdoers” (speaker: Euphiletos)

-tyranny

- homicide
- adultery

- impiety

Why does lysias say euphiletos is innocent of murder?

-eratosthenes was not a citizen and so not entitled to protection under Athenian law -
euphiletos did not kill Eratosthenes
- the law grants an excpetion to the usual prohibition against homicide if an aldulterer is
caught in the act

- the law allows, even demands, a summary execution of an adulterer caught in the act - the law
allows for revenge for the murder of a family member

What did the lex Calpurnia of 149 BCE do?

-granted a paterfamilias authority to kill s daughter caught commiting adultery - established the
first quaestio perpetua
- changed the penalty for serious crimes to exile rather than death

- allowed plebeians to be pontifices

- mandated that one consul had to be a problem

Which of the following was the oldest

-the legis actio procedure

- the cognitio extra ordinemn

- the formulary procedure

- the legis actio procedure and the formulary procedure were equally old - the legis actio
procedure and the cognitio extra ordinem procedure were equally old

Interdictio aquaeet igni if a formal name for what punishment?

-death penalty

- hard labour in the mines

- gladiatorial combat

- burning in the arena

- none of these
What was the right of intercessio?

-the right to interrupt an election on religious grounds

- the right to declare a contract null and void

- the right to intercede in a private contract

- the right to intervene in a legal dispute before the jury

- the right to veto an action of an equal or lower magistrate

The emperor Hadrian made binding the opinions of those holding the ius respondendi ex
autoritate principas (the right of responding from the authority of the emperor) true

The les Julia de adulteriis coercendis was named after Augustus

Which emperor was the corpus iurius covolis compiled?

-justinian

- augustus

- claudis

- Theodosius

- carcalla

In antiquity, a murder victims family was responsible for bringing the murderer to trial. True
The earliest category of periodization for the Greek world is the Neolithic period. True The
death of Pericles marks the end of the classical period. False
The traditional date for the foundation of rome: 753 BCE

Which of the following occurred last?

-the extension of citizenship by Caracalla

- the civil war between caesat and pompey

- the deposition of Romulus augustulus

- the accession of augustus

- the civil war between sulia and marius

The Macedonian empire was Romes most feared enemy in the 3rd century BCE. False
The language of Minoans was written in a script called Linear B. False

The Peiraeus was the original Athenian court. False

In Athens, a prosecutor in a public case who failed to win at least 20% of a jury vote could be
charged with sycophancy

The Polemarchos presided over cases involving non-citizens in Classical Athens What was a
diamartyria?
-a procedural challenge

- a false statement by a witness

- a charge for lying under oath

- corporal punishment

In the Libation Bearers, Orestes kills Aegisthus first (not clytaemestra)

To whom are the following lines addressed?

“only in this place that I haunt do not inflict your bloody stimulus to twist the inward hearts of
young men…turns their battle fury inward on themselves”

-orestes

- clytemestra

- the Eumenides

- apollo

When did Cesare Lombroso study the physical characteristics of criminals? -1950s
- he didn’t; he was a proponent of rational choice theory

- the nineteenth century CE

- the fifth century BCE

- 1980s

Lombroso is credited with the development of the biological positivism as an explanation for
criminal behaviour

Which of the following is the most central theme of the Oresteia?

-family law is the only law that counts

- criminals always exist and must ne punished

- revenge should never be planned rashly

- the transition from family vengeance to legal justice

- the gods will always punish wrongdoers

Choose the answer that best completes the following: Relative deprivation theory would
suggest that orestes killed clytaemenstra and aegisthus because…

-as a relative of clytaemenstra he felt he had a responsibility to punish her for her crime

- he was poor in relation to clytaementra and aegisthus and poor poeiple are more likely to
commit crimes

- needed the money he could get by becoming king of argos

- even though he was wealthy in phocis, he felt that he had been mistreated by his mother

- he understood that although he was wealthy he considered the wealth he would gain as king
of argos worth the risk of the furies and a trial

If we attempt to explain orestes criminal acts by stating that he grew up in an environment

where he didn’t have a strong belief in the value of law-abiding behaviour, which criminal
theory does this represent?

-rational choice theory

- social control theory

- relative deprivation theory

- hegemonic masculinity

In the Oresteia why does orestes kill aegitshus?

-augisthus was complicit in the murder of Agamemnon

-aegisthus was sleeping with clytaemenstra even when she was married to Agamemnon -
aegisthus seduced clytaemenstra
- all of these were reasons he killed him

What is an alternative title for the speech known as Lysias 1? On the Murder of Eratosthenes

Lysias 1 is an important case for understanding crime and punishment in ancient greece
because:
-it teaches us about the actual provisions of dracos homicide law
- it demonstrates how Athenians conceived of the concept of criminality - it is an example of
how ancient lawyers used rhetoric in the law courts - all of the above

Interdictio aquae et igni is a formal name for what punishment? The death penalty

Roman magistrates were invested with the power to coerce citizens. This power is called
imperium

In the following passage, whos view is being discussed?

“so it is your view that a criminal is happy as long as he doesn’t get punshied? -Polus

As a homicide trial, the case of Lysias 1 would have been heard by the Ephetai. In what court
would they have heard this particular case?

-the Delphinion, because the case involved as affirmative defense

Which of the following is NOT an interlocutor in the Gorgias?

-Polus

-Callicles

-Cephalus

-Gorgias

-Socrates

In the following passage, what is the kind of violation to which the speaker refers?

“And these feelings would be acknowledged now just by you but by the whole of Greece…all
humanity considers this kind of violation to be the most outrageous of acts”

-seduction

Which magistrate was primarily responsible for the law courts at rome? Praetor What was the
charge that led to Socrates execution? Asebeia (introducing new gods, impiety) What is meant
by legis actiones?
-the early form of civil procedure in Roman law
In 287 BCE the romans passed their first law on delict. What was the name of the law? The lex
aquilia

Which of the following was never a matter for a quaestio perpetua in rome? -electoral bribery
- adultery

- murder

- treason

- all of these were heard by a quaestio perpetua at one time or another

Flagrante delicto signifies being caught in the act. True

When were the twelve tables published? 450 BCE

Struggle of the orders is the name given to the class conflict that arose in Rome between
patricians and plebeians.

After he was qcquitted in criminal court, OJ Simpson was brought to trial in a civil court The
language of ancient rome was latin
After the death of Alexander the Great, the classical period in greece ended. What period
followed? The Hellenistic period

Which of the following is NOT an accepted form for dates in antiquity? AC Solon reformed the
Athenian government in 584 BCE
Hissarlik (Troy) was the historical site discovered by Frank Calvert, Heinrich Schliemann, and
Whilhelm Dorpfeld.

The hoplite phalanx developed in the 7th c BCE. True

In a classical Athenian court, the case for the defence was presented by a lawyer hired for the
purpose. False

The Athenian citizen males made up the membership of the Areopagus in the time of Solon.
False.

Draco was the first lawgiver in Athens. True

What form of early Greek law is based on written principles rather than the traditon of
previous cases?

-thesmos
Who is the prophetess in the following passage?

“And now the seer has done with me…yet die not vengeless by the gods” -Cassandra
What is the title of the work from which the following passage is excerpted? “O splendar and
triumph of this day…the calculated evil of his fathers hand” -the iliad
- the agaememnon

- the eumendies
- the liberation bearers

The scene in the iliad which athena appears behind achilles and urges him not to attack
agaememnon is an example of psychological positivism

The idea of involvement in social control theory suggests that if your schedule is filled with
other activities, you are just too busy to commit crimes. True

The criminological approach/theory of the Chicago school is associated with the idea of the
zone of transition as an explanation for criminal activity. True

Choose the answer that best completes the following: The criminological idea of Hegemonic
masculinity suggests that orestes rather than electra killed clytaemenstra and aegisthus
because…

-social pressure to behave in a recognizably masculine manner leads men to be more involved
in violent crime than women are

The idea that the social expectations of gender help to determine who is likely to commit
crimes belongs to the moral approach to crime. False

According to walklates chapter “what is criminology” the white and enthnic minority,
heterosexual male, is the victimological norm. false.

Who of the following was NOT an Athenian citizen?

-Solon

-Lysias

-Socrates

-Aeschylus
Which of the following statements are True?

-in the gorgias, Socrates says that some criminals are beyond help

- in the gorgias, Socrates says that punishment should always help the criminal - in the gorigas,
Socrates says that the most effective punishments are painless In what language did Socrates
write his dialogues? Socrates didn’t write dialogues

In ancient Rome, different classes of people could be punished differently for the same crimes.
Which of the following groups was usually punished most leniendly?

-citizens living in remote provinces

- homestiores
- slaves

- freedomen

The formulary procedure was incorporated into roman law in the regal period (7 th c BCE). False
In 287 BCE the romans passed their first law on delict. What was the delict involvement? -
Damnum iniuria datum

Which of the following events happened fourth?

-rome was founded

- twelve tables were created

- praetorship was created

- republic was founded

In 81 BCE, it became illegal to carry a weapon in the city of Rome with the intention of
committing a robbery. True

What did the lex aebutia do? It legitimized the procedure per formulam

Who of the following lived first?

-justinian

-augustus

-ulpianus

-theodosius II
-Galus

The centuriated assembly was responsible for electing curule aediles and quaestors. False Who
in Rome originally controlled access to the laws? The pontiffs
Who lived third?

-justinian

-galus

- Ulpianus

- theodesius II

-augustus

Which of the following was NOT a roman legal predure?

-the procedure per formulam

-the legis action procedure

- the eisangelia procedure

- the congnito extra ordinem

CAITLYN’S QUIZZES
Quiz One: (chapters 1 & 2)
1. The Romans believed that, through a ritual involving the Sacred chickens , they could determine
the will of the gods.

2. What was the main function of prisons in ancient Greece and Rome?
To hold criminals until their sentences could be carried out.

3. In classical Athens, murder was not a crime, from a judicial perspective.

True

4. Who of the following did not live in the 1st century BCE?
Cleisthenes

5. Which of the following is NOT an accepted form for dates in antiquity?

AC

6. In what period does the year 976 BCE belong?

Dark Age
7. In the year 499 BCE, the Greek cities of the Ionian coast rebelled against Persian rule. Which war
resulted?

The persian war

8. In what chronological era was the hoplite phalanx introduced?

Archaic Period

9.In what century did Rome first engage in international warfare?

3rd century BCE

10. Carthage was Rome's greatest enemy in the 3rd century BCE.

True

Quiz Two: (chapters 3&4)

1. Which of the following is NOT a procedure for public cases in Classical Athens? Paragraphe
2. If a jury vote in a trial in 4th century Athens resulted in a tie, the defendant was acquitted. True
3. On what object does the description of the following scene appear?

The people were assembled in the marketplace, where a quarrel had arisen, and two men were disputing
over the blood price for a man who had been killed. One man promised full restitution in a public
statement, but the other refused and would accept nothing. Both made for an arbitrator, to have a decision,
and the people were speaking up on either side, to help both men. But the heralds kept the people in hand,
as meanwhile the elders were in session on benches of polished stone in the sacred circle and held in their
voices. The two men rushed before these, and took turns speaking their cases, and between them lay on
the ground two talents of gold, to be given to that judge who in this case spoke the straightest opinion.
The shield of Achilles

4. The head of an Athenian household was called the kyrios.

True

5. The Peiraeus was the original Athenian court.

False

6. In the following passage, what is the inviolable thing?

A man thought the gods deigned not to punish mortals who trampled down the delicacy of things
inviolable. That man was wicked. The curse on great daring shines clear; it wrings atonement from
those high hearts that drive to evil, from houses blossoming to pride and peril. Let there be wealth
without tears; enough for the wise man who will ask no further. There is not any armor in gold
against perdition for him who spurns the high altar of Justice down to the darkness.
Hospitality

7. Who speaks the following lines?

O splendor and triumph of this day of justice! Now I can say once more that the high gods look down
on mortal crimes to vindicate the right at last, now that I see this man—sweet sight—before me here
sprawled in the tangling nets of fury, to atone the calculated evil of his father’s hand

• A. Agamemnon

• B. The chorus

• C. Cassandra

• D. Orestes

• E. None of these -> answer

8. Choose the best completion of the following sentence: The Oresteia is an important source for
learning about crime and punishment in ancient Greece because…

It gives us information on how the Athenians thought about the causes of crime 9. Who is the man in
the first line of the following passage?
A man thought the gods deigned not to punish mortals who trampled down the delicacy of things
inviolable. That man was wicked. The curse on great daring shines clear; it wrings atonement from
those high hearts that drive to evil, from houses blossoming to pride and peril. Let there be wealth
without tears; enough for the wise man who will ask no further. There is not any armor in gold
against perdition for him who spurns the high altar of Justice down to the darkness.
Paris

10. Agamemnon is killed in the first play of the Oresteia. Cassandra is also killed in this same play.
True

Quiz three: Chapters 5&6

1.Which of the theories of criminological explanation directs its attention is on how law-abiding
behaviour is achieved rather than law-breaking behaviour?

Social Control Theory

2. The social approach to crime defines it as "behaviour that violates social norms whether or not it
breaks the law".

3. Choose the answer that best completes the following: Clytaemestra acts in a masculine manner
and feminizes Agamemnon before killing him. This fits well with Walklate’s explanation of
criminology because…

people often assume that men are more likely to be criminals and women have the characteristics
of victims.

4. The theory of positivism is defined as an "approach that emerged in the early nineteenth century
which argues that social relations and events (including crime) can be studied scientifically."

5. Which theory of criminological explanation is best represented in the modern example below? In
the United States, many Republicans believe that the 2020 presidential election was stolen, and that
they are within their rights to use violence to reinstall former Pres. Trump.

Relative deprivation

6. The scene in the Iliad where Athena appears behind Achilles and urges him not to attack
Agamemnon is an example of psychological positivism.

7. Which of the following is NOT one of the explanations or theories of crime Walklate discusses?

• A. Biological Positivism
 • B. Social Control Theory

• C. Rational Choice Theory

• D. Differential Intelligence Theory -> answer

• E. All of these are explanations or theories of crime Walklate discusses

8. According to Walklate's chapter "What is Criminology?" the 'white and ethnic minority,
heterosexual male' is the victimological norm.

False

9. The idea that the social expectations of gender help to determine who is likely to commit crimes
belongs to the moral approach to crime.

False

10. Choose the answer that best completes the following: The criminological idea of Hegemonic
Masculinity suggests that Orestes rather than Electra killed Clytaemestra and Aegisthus because…
social pressure to behave in a recognizably masculine manner leads men to be more involved in
violent crime than women are.

Quiz four: chapter 7&8

1. Eratosthenes (from Lysias 1) was never, as far as we know, formally charged with adultery. If he
had been, what procedure might have been used to initiate a graphe moicheias?

Apagoge

2. What was Euphiletos' wife's name?

Nobody knows

3. In the following passage, cases of what nature are being discussed?

I believe that all states make laws with this intention that in those instances where we are uncertain,
we find out what we ought to do by consulting them. Well then, the laws recommend that in cases of
this nature we exact this kind of penalty from wrongdoers.
Adultery

4. Which of the readings is the following passage most relevant for?

If a man kill another unintentionally in an athletic contest, or overcoming him in a fight on the
highway, or unwittingly in battle, or in intercourse with his wife, or mother, or sister, or daughter, or
concubine kept for procreation of legitimate children, he shall not go into exile as a manslayer on
that account.
Lysias 1

5. If Lysias 1 was a real speech, Euphiletos spoke it at the trial.

True

6. Who is the speaker in the following passage?

On this occasion I was the only member of the executive who opposed your acting in any way
unconstitutionally, and voted against the proposal; and although the public speakers were all ready
to denounce and arrest me, and you were all urging them on at the top of your voices, I thought that
it was my duty to face it out on the side of law and justice rather than support you, through fear of
prison or death, in your wrong decision.
Socrates

7. The Gorgias takes place in the city of Athens .

8. According to Socrates in the Gorgias, what does a rhetorician do?

He persuades the people regardless of what is right or wrong.

9. In the following passage, whose view is being discussed?

[Speaker]: So is it your view that a criminal is happy as long as he doesn’t get punished? Polus

10.Which criminological theory is best represented by the following passage?

Imagine I’m in the agora when it’s chock-full, and I’ve got a dagger tucked in my armpit. I tell you,
‘Polus, I’ve recently gained an incredible amount of power, as much as any dictator. Look at all these
people. If I decide one of them has to die, he’s dead, just like that…
Rational choice theory

Quiz five: chapter 9&10

1. What did the lex Calpurnia of 149 BCE do?

Established the first quaestio perpetua

2. Suppose in 15 CE the wife of a Roman citizen has consensual sex with someone who is not her
husband. Which of the following statements is true?

The husband, if he knows about the affair, is required to divorce his wife or he will be guilty of
lenocinium.

3.Interdictio aquae et igni is a formal name for what punishment?

 • A. The death penalty

• B. Hard labor in the mines

• C. Gladiatorial combat

• D. Burning in the arena

• E. None of these-> answer

4. When was the cognitio procedure incorporated into Roman law?

The Post-Classical Period

5. Which of the following was the oldest?

The legis actio procedure

6. Flagrante delicto signifies being caught in the act.

True

7. The emperor Hadrian made binding the opinions of those holding the ius respondendi ex
auctoritate principis ('the right of responding from the authority of the emperor').

True

8. Who of the following could NOT veto an action of a praetor?

An aedile

9. Which of the following was NOT a part of the Corpus Iuris Civilis?

• The Codex Iustiniani

• B. The Novellae

• C. The Institutiones

• D. The Digest

• E. All of these were parts of the Corpus Iuris Civilis-> answer

10. Which of the following was NOT a source of law under the Republic? The writings of the
jurists
Question 1 of 10 1.0 Points
The Romans believed that, through a ritual involving the Sacred chickens , they could determine
the will of the gods.
Answer Key: chickens

Question 2 of 10 1.0 Points

What was the language of classical Athens?
A. Koine Greek B. Ionic Greek C. Doric Greek D. Aeolic Greek E. Attic Greek Answer
Key: E

Question 3 of 10 1.0 Points

What was the charge in the trial of Publius Claudius Pulcher, in 249 BCE? A. Treason B. Murder
C. Parricide D. Military incompetence E. Bribery
Answer Key: A

Question 4 of 10 1.0 Points

Modern law makes a distinction between criminal and civil law. Answer Key:

Question 5 of 10 1.0 Points

Why was Socrates imprisoned before his execution?
A.He was unable to pay the fine associated with his crimes. B. It was regular procedure in
Athens to imprison criminals. C. The executioner had to be summoned from elsewhere. D.
There was a delay because of a religious holiday. E. He asked for imprisonment as his
punishment.
Answer Key: D

Question 6 of 10 1.0 Points

In this course we will examine evidence from all of the following genres EXCEPT:
A.Philosophy B. Television C. Historical texts D. Ancient drama E. Courtroom speeches Answer
Key: B
Question 7 of 10 1.0 Points
In antiquity the major distinctions were between civil and criminal law.
True False
Answer Key: False

Question 8 of 10 1.0 Points

It is easy for us in the modern world to define what exactly a crime was in antiquity.
True False
Answer Key: False

Question 9 of 10 1.0 Points

What was the main function of prisons in ancient Greece and Rome?
A. To rehabilitate criminals B. To deter others from committing crimes C. To hold criminals until
their sentences could be carried out D. To make use of prison labour E. To torture criminals into
changing their ways
Answer Key: C

Question 10 of 10 1.0 Points

Which element of Publius Claudius Pulcher’s sacred chickens trial would NOT correspond to
modern criminal trials? A. The trial had to be concluded in one day B. The concept of ‘double
jeopardy’ C. The penalty could be a monetary fine D. A charge of treason E. None of the above
Answer Key: A

Question 1 of 10 1.0 Points

What was the punishment for parricide in the Roman Imperial period? A. Hanging B. Exile C.
Beheading D. Execution by beast or fire E. The culleus (or “sack”)
Answer Key: D

Question 2 of 10 1.0 Points

It is easy for us in the modern world to define what exactly a crime was in antiquity. True False
Answer Key: False

Question 3 of 10 1.0 Points

After he was acquitted in criminal court, O.J. Simpson was brought to trial in a civil court.
Answer Key: civil 3

Question 4 of 10 1.0 Points

Of the sites we've studied, which of the following was described as the"oldest, continuously
inhabited" one? A. Knossos B. Athens C. Troy VIIa D. Mycenae E. Franchthi Cave
Answer Key: E

Question 5 of 10 1.0 Points

In what century did Rome first engage in international warfare? A. 2nd century BCE B. 3rd
century CE C. 2nd century CE D. 4th century BCE E. 3rd century BCE
Answer Key: E

Question 6 of 10 1.0 Points Sparta was Athens' opponent in the Peloponnesian War. True False
Answer Key: True

Question 7 of 10 1.0 Points Which century was the time of Plato, Aristotle, and Demosthenes?
A. 8th BCE B. 4th BCE C. 5th BCE D. 2nd CE E. 7th BCE
Answer Key: B

Question 8 of 10 1.0 Points Who of the following did not live in the 1st century BCE?
A. Cleisthenes B. Cleopatra C. Cicero D. Caesar E. Cato
Answer Key: A

Question 9 of 10 1.0 Points

The polis first emerged at the time of the Trojan War. True False
Answer Key: False

Question 10 of 10 1.0 Points

What is the name for the Bronze Age culture on Crete? A. Mycenaean B. Linear A C. Hellenic D.
Minoan E. Knossian
Answer Key: D

If a jury vote in a trial in 4th century Athens resulted in a tie, the defendant was acquitted. True
False
Answer Key: True

Question 2 of 10 1.0 Points

Who or what were the Eisagogeis? A. Months in which merchant legal cases could be heard B.
Prison guards C. Teachers of rhetoric D. Judges of murder trials E. Magistrates who heard cases
involving loans and banking
Answer Key: E

Question 3 of 10 1.0 Points

When did Solon reform the Athenian government and laws? A. 621 BCE B. 480 BCE C. 508 BCE
D. 594 BCE E. He didn’t
Answer Key: D

Question 4 of 10 1.0 Points

Of the following choices, which is the argument I used in my lecture that murder was not a
crime in classical Athens? A. Murder was prosecuted as a dike rather than a graphe B. The
penalty for murder was exile C. Murder was most often dealt with by self-help, i.e. vengeance
D. Murder was not against the law E. Murder was a religious matter rather than a legal one
Answer Key: A

Question 5 of 10 1.0 Points

All Athenian citizen males made up the membership of the Areopagus in the time of Solon. True
False
Answer Key: False

Part 2 of 2 - Week 4: The Oresteia 5.0 Points Question 6 of 10 1.0 Points

How does the Agamemnon begin? A. Clytaemestra kills Agamemnon B. Orestes arrives home
from exile and meets his sister Electra C. A watchman sees the beacon announcing the fall of
Troy D. Aeschylus addresses the audience in his own person E. Agamemnon arrives home
Answer Key: C

Question 7 of 10 1.0 Points Choose the best completion of the following sentence: The Oresteia
is an important source for learning about crime and punishment in ancient Greece because… A.
It gives us a good picture of early Mycenaean law B. It gives us information on how the
Athenians thought about the causes of crime C. It allows us to compare the laws of Archaic
Athens with those of Archaic Argos D. It gives us some idea of what legal procedures were like
in the Dark Age following the Trojan War E. It gives us information about the process by which
the Athenian courts came into existence
Answer Key: B

Question 8 of 10 1.0 Points

Who speaks the following lines? It shall not be. His mother’s blood spilled on the ground can
not come back again. It is all soaked and drained into the ground and gone. You must give back
for her blood from the living man red blood of your body to suck, and from your own I could
feed, with bitter-swallowed drench, turn your strength limp while yet you live and drag you
down where you must pay for the pain of the murdered mother, and watch the rest of the
mortals stained with violence against god or guest or hurt parents who were close and dear,
each with the pain upon him that his crime deserves. A. The Furies B. Clytaemestra C. Cassandra
D. Athena E. Apollo
Answer Key: A

Question 9 of 10 1.0 Points

Who is the man in the first line of the following passage? A man thought the gods deigned not
to punish mortals who trampled down the delicacy of things inviolable. That man was wicked.
The curse on great daring shines clear; it wrings atonement from those high hearts that drive to
evil, from houses blossoming to pride and peril. Let there be wealth without tears; enough for
the wise man who will ask no further. There is not any armor in gold against perdition for him
who spurns the high altar of Justice down to the darkness.
A. Aegisthus B. Agamemnon C. Eratosthenes D. Paris E. Orestes
Answer Key: D
Question 10 of 10 1.0 Points
Who of the following does NOT appear as a character in the Oresteia? A. Agamemnon B.
Tantalus C. Orestes D. Apollo E. Aegisthus
Answer Key: B

Question 1 of 10 1.0 Points

Lysias explains that the penalty for seduction is worse than the penalty for rape because
seducers corrupt the soul of their victims while rapists harm only the body of their victims.
What was the real reason the penalty for seduction was worse than the penalty for rape? A.
Lysias was right. The Athenians believed that seduction was worse because it corrupted the
soul and so made a more severe penalty for seduction. B. The law reflects the Athenians’ deep
hatred of seducers because they make succession and proper inheritance unclear. C. Seduction
was a crime that could be committed only against the wives of citizens, while rape was more
commonly committed against lesser victims, like slaves and foreigners. D. It’s a false premise—
the penalty for seduction was not worse than the penalty for rape. E. None of these Answer
Key: D

Question 2 of 10 1.0 Points

What is an alternative title for the speech known as Lysias 1? A. On the Murder of Eratosthenes
B. Draco's Homicide Law C. Euphiletos' Defense D. On Punishing Adulterers E. There is no
alternative title
Answer Key: A

Question 3 of 10 1.0 Points

Who is the speaker of the following passage? I believe that all states make laws with this
intention that in those instances where we are uncertain, we find out what we ought to do by
consulting them. Well then, the laws recommend that in cases of this nature we exact this kind
of penalty from wrongdoers. A. Polus B. Gorgias C. Socrates D. Callicles E. Euphiletos Answer
Key: E
Question 4 of 10 1.0 Points
According to what you read in Lysias' speech, what is Eratosthenes' specialty? A. Murder B.
Philosophizing C. Arguing in the lawcourts D. Theft of property E. Seducing women Answer Key:
E

Question 5 of 10 1.0 Points

How does Euphiletos first discover that his wife has been committing adultery? A. Eratosthenes
confesses it B. Euphiletos' slave girl C. An old woman tells him D. Eratosthenes' ex-lover
arranges a trap E. He catches them in the act
Answer Key: C

Part 2 of 2 - 5.0 Points Question 6 of 10 1.0 Points

Who is the speaker in the following passage? On this occasion I was the only member of the
executive who opposed your acting in any way unconstitutionally, and voted against the
proposal; and although the public speakers were all ready to denounce and arrest me, and you
were all urging them on at the top of your voices, I thought that it was my duty to face it out on
the side of law and justice rather than support you, through fear of prison or death, in your
wrong decision. A. Solon B. Socrates C. Lysias D. Euphiletos E. Orestes
Answer Key: B

Question 7 of 10 1.0 Points

Socrates was epistates in the Ekklesia on the day of the trial of the generals from the battle of
the Arginusae. What legal procedure was used against them? A. Ephegesis B. Endeixis C. The
procedure was actually not legal D. Eisangelia E. Probole
Answer Key: C

Question 8 of 10 1.0 Points

Which of the following statements is true? A. In the Gorgias, Socrates says that some criminals
are beyond help. B. In the Gorgias, Socrates says that punishment should always help the
criminal. C. In the Gorgias, Socrates says that the most effective punishments are painless. D. All
of these statements are true. E. None of these statements is true.
Answer Key: A

Question 9 of 10 1.0 Points

Powerful people, according to Socrates in the Gorgias, are most likely to have the most terrible
punishment in the afterlife.
True False
Answer Key: True

Question 10 of 10 1.0 Points

Xanthippe was the wife of Socrates .
Answer Key: Socrates

Question 1 of 10 1.0 Points

A Roman needed to be at least 20 years old to testify in a criminal court.
Answer Key: 20|twenty

Question 2 of 10 1.0 Points

On what legal ground does the following argument rest? For that reason I propose as follows:
that, since the commonwealth has been brought to the greatest danger by the unprincipled
scheme of criminal citizens, and since they have been convicted on the information of
Volturcius and the legates of the Allobroges and have confessed to preparing slaughter, burning
and other foul and cruel deeds for citizens and fatherland, reprisal should be exacted on the
strength of their confession, as from those caught red-handed in capital cases, according to the
custom of our ancestors. A. In instances of trial before the senate, the right of provocatio does
not apply. B. The Twelve Tables prescribe summary execution for arsonists. C. The Catilinarian
conspirators have acted against the common wealth or state, and as such have given up their
Roman citizenship and are not entitled to a trial. D. The Catilinarian conspirators have been
caught red-handed and confessed, and as such are subject to summary execution. E. Although
not convicted by the assembly or a magistrate, the senate itself may conduct trials as one of the
forms of the "extraordinary procedure."
Answer Key: D

Question 3 of 10 1.0 Points Which of the following happened first? A. The lex Cornelia de
sicariis et veneficis B. The conspiracy of Catiline C. The destruction of Carthage and Corinth D.
The introduction of the cognitio extraordinaria E. The battle of Actium
Answer Key: C

Question 4 of 10 1.0 Points

The lex Julia de adulteriis coercendis was named after Julius Ceasar
Answer Key: Augustus

Question 5 of 10 1.0 Points

Suppose in 15 CE the wife of a Roman citizen has consensual sex with someone who is not her
husband. Which of the following statements is true? A. The husband, if he knows about the
affair, is required to divorce his wife or he will be guilty of lenocinium. B. The adulterous man is
guilty of lenocinium. C. The husband is guilty of stuprum. D. All of these statements are true. E.
None of these statements is true.
Answer Key: A

Question 6 of 10 1.0 Points

Which Roman assembly elected the consuls? A. The centuriate assembly B. The plebeian
assembly C. The tribal assembly D. The curule assembly E. The plebeian assembly elected the
plebeian consul, and the curule assembly elected the patrician one.
Answer Key: A

Question 7 of 10 1.0 Points

Who of the following lived first? A. Theodosius II B. Ulpianus C. Augustus D. Gaius E. Justinian
Answer Key: C

Question 8 of 10 1.0 Points

What did the lex Aebutia do? A. It established the right of a praetor to initiate a quaestio B. It
legitimized the procedure per formulam C. It established a delict for property damage D. It
formalized the cognitio extraordinaria E. None of these
Answer Key: B

Question 9 of 10 1.0 Points

What was the right of intercessio? A. The right to intercede in a private contract. B. The right to
intervene in a legal dispute before the jury. C. The right to veto an action of an equal or lower
magistrate. D. The right to declare a contract null and void. E. The right to interrupt an election
on religious grounds.
Answer Key: C

Question 10 of 10 1.0 Points

Roman magistrates were invested with the power to coerce citizens. This power is called
rhetoric
Answer Key: imperium

Question 1 of 10 1.0 Points

In antiquity, a murder victim's family was responsible for bringing the murderer to trial. True
False
Answer Key: True

Question 2 of 10 1.0 Points

What was the language of classical Athens? Doric Greek B. Ionic Greek C. Koine Greek D. Aeolic
Greek E. Attic Greek
Answer Key: E

Question 3 of 10 1.0 Points The language of ancient Rome was latin .

Answer Key: Latin

Question 4 of 10 1.0 Points

Greek poleis sent out many colonies all over the Mediterranean beginning in the 7th century
BCE. True False
Answer Key: False

Question 5 of 10 1.0 Points

The Macedonian empire was Rome's most feared enemy in the 3rd century BCE.
Answer Key: False

Question 6 of 10 1.0 Points

The death of Pericles marks the end of the Classical Period. True False
Answer Key: False

Question 7 of 10 1.0 Points

Solon and Kleisthenes lived in the sixth century BCE. True False
Answer Key: True

Question 8 of 10 1.0 Points

The 5th century BCE is earlier than the 6th century BCE. True False
Answer Key: False

Question 9 of 10 1.0
The last major battle of the Roman civil wars was teh battle of Actium in 31 BCE.
Answer Key: Actium

Question 10 of 10 1.0 Points

The end of the Persian wars marked the beginning of the Classical Period in Greece.
Answer Key: Persian Wars

What was the language of classical Athens? A. Koine Greek B. Ionic Greek C. Doric Greek D.
Aeolic Greek E. Attic Greek
Answer Key:E

Question 2 of 101.0 Points

What was the charge in the trial of Publius Claudius Pulcher, in 249 BCE? A. Parricide B. Murder
C. Treason D. Bribery E. Military incompetence
Answer Key:C

Question 3 of 101.0 Points

What was the main function of prisons in ancient Greece and Rome? A. To deter others from
committing crimes B. To hold criminals until their sentences could be carried out C. To
rehabilitate criminals D. To make use of prison labour E. To torture criminals into changing their
ways
Answer Key:B

Question 4 of 101.0 Points

Early Rome was ruled by Augustus
Answer Key:kings| a monarchy|monarchs|elected kings

Question 5 of 101.0 Points

In the year 499 BCE, the Greek cities of the Ionian coast rebelled against Persian rule. Which
war resulted? A. The Persian War B. The Ionian War C. The Peloponnesian War D. The Hellenic
War E. The Trojan War
Answer Key:A

Question 6 of 101.0 Points

The 5th century CE is earlier than the 6th century CE. True False
Answer Key:True

During the Peloponnesian War, what league did Athens lead? A. The Democratic League B. The
Delian League C. The Athenian League D. The Attic League E. None of these
Answer Key:B

Question 8 of 101.0 Points

Which of the following occurred last? A. The civil war between Caesar and Pompey B. The
deposition of Romulus Augustulus C. The accession of Augustus D. The extension of citizenship
by Caracalla E. The civil war between Sulla and Marius
Answer Key:B

What is the Greek term for 'city-state'? A. boule B. eisangelia C. archon D. ekklesia E. polis
Answer Key:E

Question 10 of 101.0 Points

Solon's reform of Greek law took place in the 8th century BCE. True False
Answer key - false

What was the name for jurors in Classical Athens?

A. exegetai B. graphonomoi C. logographoi D. dikastai E. dikai
Answer Key:D

Question 2 of 101.0 Points

Who presided over the euthynai, or review of a magistrate's performance in office? A. The
Ephetai B. The Boule C. The Xenodikai D. The Synegoroi E. The Ekklesia
Answer Key:D

Question 3 of 101.0 Points

The Archon Basileus was the official who was responsible for hearing cases regarding religion,
homicide, and acts of deliberate wounding.
Answer Key:basileus

Question 4 of 101.0 Points

All Athenian citizen males made up the membership of the Areopagus in the time of Solon. True
False Answer Key:False

Question 5 of 101.0 Points

Most of the following were causes for a private case (dike) in Athens. Which was a cause for a
public case (graphe)? A. Murder B. Hubris C. Battery D. False imprisonment E. None of these
was a cause for a graphe
Answer Key:B

Question 6 of 101.0 Points In the Oresteia, who is Pylades? A. Apollo B. One of the Furies C.
Orestes' dead sister D. Orestes' friend E. None of these
Answer Key:D

Question 7 of 101.0 Points

The Agamemnon takes place in Athens. True False
Answer Key:False
Question 8 of 101.0 Points
To whom are the following lines addressed? Only in this place that I haunt do not inflict your
bloody stimulus to twist the inward hearts of young men, raging in a fury not of wine, nor, as if
plucking the heart from fighting cocks, engraft among my citizens that spirit of war that turns
their battle fury inward on themselves. A. Orestes B. Clytemestra C. The Eumenides D. Apollo E.
None of the above
Answer Key:C

Question 9 of 101.0 Points

Which work do the following lines come from? Ho there, ho! I cry the news aloud to
Agamemnon’s queen, that she may rise up from her bed of state with speed to raise the rumor
of gladness welcoming this beacon, and singing rise, if truly the citadel of Ilium has fallen, as the
shining of this flare proclaims. A. The Agamemnon B. The Libation Bearers C. The Eumenides D.
The Iliad E. None of these
Answer Key:A

Question 10 of 101.0 Points

Choose the best completion of the following sentence: The Oresteia is an important source for
learning about crime and punishment in ancient Greece because… A. It gives us a good picture
of early Mycenaean law B. It gives us information on how the Athenians thought about the
causes of crime C. It gives us information about the process by which the Athenian courts came
into existence D. It gives us some idea of what legal procedures were like in the Dark Age
following the Trojan War E. It allows us to compare the laws of Archaic Athens with those of
Archaic Argos
Answer Key:B

Which of the following is NOT one of the four components of the social bonds that sustain or
threaten social relationships according to Travis Hirschi? A. Attachment B. Commitment C.
Involvement D. Dedication E. All of these are components of social bonds according to Hirschi.
Answer Key:D

Question 2 of 101.0 Points

The way that societies think about homosexuality and identity was used as an example of which
approach to crime and criminals? A. Biological B. Hegemonic Masculinity C. Social
Constructionist D. Humanistic E. None of the above
Answer Key:C

When did Cesare Lombroso study the physical characteristics of criminals? A. The 1950s B. He
didn't. He was a proponent of Rational Choice Theory. C. The 1980s D. The fifth century BCE E.
The nineteenth century CE
Answer Key:E

Question 4 of 101.0 Points

The following passage exemplifies what approach to crime? In my opinion it's the weaklings
who constitute the majority of the human race who make the rules. In making these rules, they
look after themselves and their own interest, and that's also the criterion they use when they
dispense praise and criticism. They try to cow the stronger ones—which is to say, the ones who
are capable of increasing their share of things and to stop them getting an increased share. A.
Legal B. Social Constructionist C. Moral D. Religious E. Humanistic
Answer Key:B

The scene in the Iliad where Athena appears behind Achilles and urges him not to attack
Agamemnon is an example of psychological positivism.
Answer Key:psychological

Question 6 of 101.0 Points

The idea of 'involvement' in Social Control Theory suggests that if your schedule is filled with
other activities, you are just too busy to commit crimes. True False
Answer Key:True

Question 7 of 101.0 Points

In the Oresteia, people are most masculine when they are doing violence, and most feminine
when they are victims of violence. True False
Answer Key:True

Question 8 of 101.0 Points

Choose the answer that best completes the following: Rational Choice Theory would suggest
that Orestes killed Clytaemestra and Aegisthus because… A. he was conditioned to believe
killing his mother was the right thing to do. B. he considered the benefits of the act to outweigh
the risk of punishment. C. he thought Aegisthus did not deserve to be king of Argos. D. he felt
he was protecting Argos and deterring future crime by making people afraid that if they
committed adultery and killed family members, they would be punished. E. he was angry at his
mother for sending him away.
Answer Key:B

Question 9 of 101.0 Points

The Social approach to crime defines it as "behaviour that violates social norms whether or not
it breaks the law". Answer Key:social

The idea that "men are supposed to be violent, and women are not, and this leads men to be
more involved in violent crime" illustrates the Hegemonic Masculinity approach to crime. True
False
Answer Key:True

What was Euphiletos' wife's name? A. Oea B. Euphileta C. Nobody knows D. Athena E. Cilissa
Answer Key:C
Question 2 of 101.0 Points
What is an alternative title for the speech known as Lysias 1? A. On the Murder of Eratosthenes
B. Draco's Homicide Law C. Euphiletos' Defense D. On Punishing Adulterers E. There is no
alternative title
Answer Key:A

Question 3 of 101.0 Points

How is the following passage relevant to Lysias 1? This is my prayer: Civil War fattening on
men’s ruin shall not thunder in our city. Let not the dry dust that drinks the black blood of
citizens through passion for revenge and bloodshed for bloodshed be given our state to prey
upon. Let them render grace for grace. Let love be their common will; let them hate with single
heart. Much wrong in the world is thereby healed. A. This passage argues for an end to the
cycle of vengeance, and Lysias argues that the victim's family should not take vengeance
against his client. B. The alleged murder victim in Lysias 1 was a foreigner, and Lysias argues
that as an outsider he deserved to be killed. C. The prosecution in the case of Lysias 1 had
argued that Eratosthenes and Euphiletos had a rivalry stemming from their actions during the
democratic resistance to the Thirty Tyrants, a period of civil war in Athens. D. Lysias presents
the alleged murder victim as an outsider against whom violence is acceptable and even
demanded. E. Lysias quotes from the passage in his speech.
Answer Key:D

Question 4 of 101.0 Points

Why does Lysias say Euphiletos is innocent of murder? A. The law allows for revenge for the
murder of a family member. B. Euphiletos did not kill Eratosthenes. C. The law grants an
exception to the usual prohibition against homicide if an adulterer is caught in the act. D.
Eratosthenes was not a citizen and so not entitled to protection under Athenian law. E. The law
allows, even demands, a summary execution of an adulterer caught in the act.
Answer Key:E

Question 5 of 101.0 Points

Lysias 1 takes place in Sparta. True False
Answer Key:False

Question 6 of 101.0 Points

Plato wrote the Gorgias.
Answer Key:Plato

Question 7 of 101.0 Points

Who of the following is NOT an interlocutor in the Gorgias? A. CephalusB. Gorgias C. Polus D.
Socrates E. Callicles
Answer Key:A
Question 8 of 101.0 Points
According to Socrates in the Gorgias, what does a rhetorician do? A. He cures people of their
sicknesses. B. He oversees trials in the law-courts. C. He persuades the people regardless of
what is right or wrong. D. He writes speeches for the defense. E. He teaches people about what
is right and wrong.
Answer Key:C

Question 9 of 101.0 Points

Who is the speaker of the following passage? In my opinion it's the weaklings who constitute
the majority of the human race who make the rules. In making these rules, they look after
themselves and their own interest, and that's also the criterion they use when they dispense
praise and criticism. They try to cow the stronger ones—which is to say, the ones who are
capable of increasing their share of things and to stop them getting an increased share. A.
Socrates B. Callicles C. Lysias D. Eratosthenes E. None of these
Answer Key:B

Question 10 of 101.0 Points

Which of the following best describes the overall topic of Plato's Gorgias. A. The afterlife of the
soul B. The power of rhetoric C. The influence of tyranny on democracy D. Socrates' defences
before the jury E. The ideal city-state
Answer Key:B

Which Roman assembly elected the consuls? A. The centuriate assembly B. The plebeian
assembly C. The tribal assembly D. The curule assembly E. The plebeian assembly elected the
plebeian consul, and the curule assembly elected the patrician one.
Answer Key:A

Question 2 of 101.0 Points

When were the Twelve Tables published? A. 509 BCE B. 149 BCE C. 31 BCE D. 450 BCE E. 367
BCE Answer Key:D

What was the right of intercessio? A. The right to intervene in a legal dispute before the jury. B.
The right to intercede in a private contract. C. The right to veto an action of an equal or lower
magistrate. D. The right to interrupt an election on religious grounds. E. The right to declare a
contract null and void.
Answer Key:C

Question 4 of 101.0 Points Which of the following was NOT a Roman legal procedure? A. The
procedure per formulem B. The legis actio procedure C. The eisangelia procedure D. The
cognitio extra ordinem E. All of these were Roman legal procedures
Answer Key:C

Question 5 of 101.0 Points

When was the cognitio procedure incorporated into Roman law? A. The Post-Classical Period B.
The Regal Period (7th c. BCE) C. The Early Republican Period (5th c. BCE) D. The Middle
Republican Period (2nd c. BCE) E. The Late Republican Period
Answer Key:E

Question 6 of 101.0 Points

The crime of stellionatus was a kind of fraud. What does it literally mean? A. False astrology B.
Acting like a lizard C. Wearing a false beard D. Pretending to be a Roman citizen E. Staining the
right hand Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273
Answer Key:B

Question 7 of 101.0 Points Who in Rome originally controlled access to the laws? A. The pontiffs
B. The senate C. The augurs D. The jurists E. The praetors Answer Key:A Question 8 of 101.0
Points The Emperor Hadrian made binding the opinions of those holding the ius respondendi ex
auctoritate principis ('the right of responding from the authority of the emperor'). True False
Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 Answer
Key:True Question 9 of 101.0 Points Who of the following lived third? A. Gaius B. Theodosius II
C. Justinian D. Ulpianus E. Augustus Answer Key:D Question 10 of 101.0 Points Which of the
following means theft? A. Inuria B. Damnatum Inuria Datum C. Rapina D. Furtum E. Maiestas
Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 Answer Key:D
Question 1 of 10 1.0 Points What form of early Greek laws is based on written principles rather
than the tradition of previous cases? A. dike B. nomos C. thesmos D. dikastos E. graphe Answer
Key: C Question 2 of 10 1.0 Points What was the name of the court system Solon set up? A. The
Areopagus B. The Ephetai Downloaded by Paige Lovecky (plovecky16@gmail.com)
lOMoARcPSD|21960273 C. The Heliaia D. The Ekklesia E. None of these Answer Key: C Question
3 of 10 1.0 Points All Athenian citizen males made up the membership of the Areopagus in the
time of Solon. True False Answer Key: False Question 4 of 10 1.0 Points Which organization had
the most members? A. The Ephetai B. The Boule C. The Ekklesia Downloaded by Paige Lovecky
(plovecky16@gmail.com) lOMoARcPSD|21960273 D. The Nomothetai E. The Areopagus Answer
Key: C Question 5 of 10 1.0 Points What types of cases did the Thesmothetai hear? A. Cases
regarding treaties with other states B. Homicide cases C. Cases involving loans and banking D.
Inheritance cases E. Cases concerning grain and grain sellers Answer Key: A Question 6 of 10 1.0
Points Who is the man in the first line of the following passage? Downloaded by Paige Lovecky
(plovecky16@gmail.com) lOMoARcPSD|21960273 A man thought the gods deigned not to
punish mortals who trampled down the delicacy of things inviolable. That man was wicked. The
curse on great daring shines clear; it wrings atonement from those high hearts that drive to evil,
from houses blossoming to pride and peril. Let there be wealth without tears; enough for the
wise man who will ask no further. There is not any armor in gold against perdition for him who
spurns the high altar of Justice down to the darkness. A. Paris B. Orestes C. Aegisthus D.
Agamemnon E. Eratosthenes Answer Key: A Question 7 of 10 1.0 Points In the myth that forms
the background to the Oresteia, Pelops is dismembered, cooked in a stew, but then later put
back by the gods (minus his shoulder). Answer Key: Pelops Question 8 of 10 Downloaded by
Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 1.0 Points Which of the
following statements about The Eumenides is true? A. Apollo defends Orestes against the
Furies for the murder of Clytaemestra. B. The Furies prosecute Apollo for his purification of
Orestes. C. Athena defends Orestes against Apollo for his taking refuge in Athens. D. Orestes
prosecutes Clytaemestra for the murder of Agamemnon. E. Apollo prosecutes Orestes for the
murder of Clytaemestra. Answer Key: A Question 9 of 10 1.0 Points Who wrote the Oresteia? A.
Euripides B. Homer C. Aeschylus D. Demosthenes E. Aristophanes Answer Key: C Question 10 of
10 Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 1.0 Points
What is the title of the work from which the following passage is excerpted? [Speaker A]: These
are no fancies of affliction. They are clear, and real, and here; the bloodhounds of my mother’s
hate. [Speaker B]: It is the blood still wet upon your hands, that makes this shaken turbulence
be thrown upon your sense. [Speaker A]: Ah, Lord Apollo, how they grow and multiply,
repulsive for the blood drops of their dripping eyes. [Speaker B]: There is one way to make you
clean: let Loxias touch you, and set you free from these disturbances. [Speaker A]: You can not
see them, but I see them. I am driven from this place. I can stay here no longer. A.The Libation
Bearers B.The Agamemnon C. The Iliad D. The Oresteia E. The Eumenides Answer Key: A
Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 Question 1 of
10 1.0 Points The criminological idea of Social Control Theory asserts that the causes of crime
are in the individual rather than the community. True False Answer Key: False Question 2 of 10
1.0 Points The Chicago School of Sociology is particularly associated with which of the
following? A. Relative Deprivation B. Differential Intelligence Theory C. Social Disorganization D.
Biological Positivism E. Phrenology Answer Key: C Downloaded by Paige Lovecky
(plovecky16@gmail.com) lOMoARcPSD|21960273 Question 3 of 10 1.0 Points Choose the
answer that best completes the following: Biological Positivism would suggest that Orestes
killed Clytaemestra and Aegisthus because… A. …his parents and ancestors were violent, and so
he was genetically predisposed to violence B. …his parents and ancestors were violent, and so
he was raised in a family that accepted and encouraged violence. C. …he was traumatized by
the murder of his father and could no longer control his violent impulses. D. …the house of
Atreus was cursed. E. …there was no criminal justice system to which he could appeal for help.
Answer Key: A Question 4 of 10 1.0 Points The criminological approach/theory of the Chicago
School is associated with the idea of the 'zone of transition' as an explanation for criminal
activity. True False Answer Key: True Downloaded by Paige Lovecky (plovecky16@gmail.com)
lOMoARcPSD|21960273 Question 5 of 10 1.0 Points Which of the following is NOT one of the
four components of the social bonds that sustain or threaten social relationships according to
Travis Hirschi? A. Attachment B. Commitment C. Involvement D. Dedication E. All of these are
components of social bonds according to Hirschi. Answer Key: D Question 6 of 10 1.0 Points The
idea that the social expectations of gender help to determine who is likely to commit crimes
belongs to the the moral approach to crime. True False Answer Key: False Downloaded by Paige
Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 Question 7 of 10 1.0 Points The way
that societies think about homosexuality and identity was used as an example of which
approach to crime and criminals? A. Biological B. Hegemonic Masculinity C. Social
Constructionist D. Humanistic E. None of the above Answer Key: C Question 8 of 10 1.0 Points
According to Walklate's chapter "What is Criminology?" the 'white and ethnic minority,
heterosexual male' is the victimological norm. True False Answer Key: False Downloaded by
Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 Question 9 of 10 1.0 Points
The scene in the Iliad where Athena appears behind Achilles and urges him not to attack
Agamemnon is an example of Psychological positivism. Answer Key: psychological Question 10
of 10 1.0 Points In the Oresteia, people are most masculine when they are doing violence, and
most feminine when they are victims of violence. True False Answer Key: True Question 1 of 10
1.0 Points According to what you read in Lysias' speech, what is Eratosthenes' specialty?
Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 A. Seducing
women B. Arguing in the lawcourts C. Theft of property D. Philosophizing E. Murder Answer
Key: A Question 2 of 10 1.0 Points Who is the speaker of the following passage? I believe that
all states make laws with this intention that in those instances where we are uncertain, we find
out what we ought to do by consulting them. Well then, the laws recommend that in cases of
this nature we exact this kind of penalty from wrongdoers. A. Socrates B. Euphiletos C. Callicles
D. Polus E. Gorgias Answer Key: B Downloaded by Paige Lovecky (plovecky16@gmail.com)
lOMoARcPSD|21960273 Question 3 of 10 1.0 Points The "he" in the following passage is
Eratosthenes : He did not argue, gentlemen, but confessed that he was in the wrong; he begged
and pleaded not to be killed, and was ready to pay money in recompense. Answer Key:
Eratosthenes Question 4 of 10 1.0 Points Euphiletos argued the case before the jury in the
speech Lysias 1. Answer Key: Euphiletos Question 5 of 10 1.0 Points In what language did Lysias
write? A. Attic Greek B. Latin Downloaded by Paige Lovecky (plovecky16@gmail.com)
lOMoARcPSD|21960273 C. Koine D. Doric Greek E. Homeric Greek Answer Key: A Question 6 of
10 1.0 Points According to Socrates in the Gorgias, what does a rhetorician do? A. He teaches
people about what is right and wrong. B. He writes speeches for the defense. C. He persuades
the people regardless of what is right or wrong. D. He cures people of their sicknesses. E. He
oversees trials in the law-courts. Answer Key: C Question 7 of 10 1.0 Points Powerful people,
according to Socrates in the Gorgias, are most likely to have the most terrible punishment in
the afterlife. Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273
True False Answer Key: True Question 8 of 10 1.0 Points Teachers of rhetoric are called
logographoi. True False Answer Key: False Question 9 of 10 1.0 Points Which of the following is
NOT a speaker in Plato's Gorgias? A. Chaerephon Downloaded by Paige Lovecky
(plovecky16@gmail.com) lOMoARcPSD|21960273 B. Socrates C. Callicles D. Polus E. All of the
above are speakers. Answer Key: E Question 10 of 10 1.0 Points Socrates is best known as a
philosopher. He is also famous for staging plays at the Dionysian Festival. True False Answer
Key: False Question 1 of 10 1.0 Points In 81 BCE it become illegal to carry a weapon in the city of
Rome with the intention of committing a robbery? True Downloaded by Paige Lovecky
(plovecky16@gmail.com) lOMoARcPSD|21960273 False Answer Key: True Question 2 of 10 1.0
Points Which of the following was NOT a Roman legal procedure? A. The procedure per
formulem B. The legis actio procedure C. The eisangelia procedure D. The cognitio extra
ordinem E. All of these were Roman legal procedures Answer Key: C Question 3 of 10 1.0 Points
Under which emperor was the Corpus Iuris Civilis compiled? A. Theodosius Downloaded by
Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273 B. Claudius C. Augustus D.
Caracalla E. Justinian Answer Key: E Question 4 of 10 1.0 Points Which of the following was the
oldest? A. The legis actio procedure B. The cognitio extra ordinem C. The formulary procedure
D. The legis actio procedure and the formulary procedure were equally old E. The legis actio
procedure and the cognitio extra ordinem procedure were equally old Answer Key: A Question
5 of 10 1.0 Points Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|
21960273 Which of the following was NOT a Roman assembly (i.e. voting body)? A. The
centuriate assembly B. The tribal assembly C. The plebeian assembly D. All of these were
Roman assemblies E. None of these were Roman assemblies Answer Key: D Question 6 of 10
1.0 Points The law that was derived from the praetor's edict was called Ius honorarium . Answer
Key: ius honorarium|ius honorarium Question 7 of 10 1.0 Points Roman magistrates were
invested with the power to coerce citizens. This power is called imperium . Answer Key:
imperium Downloaded by Paige Lovecky (plovecky16@gmail.com) lOMoARcPSD|21960273
Question 8 of 10 1.0 Points The Greek atimia roughly correspond to disfranchisement in Latin.
Answer Key: infamia|infamia Question 9 of 10 1.0 Points Who of the following could NOT veto
an action of a praetor? A. A consul B. An aedile C. Another praetor D. A tribune E. All of these
could veto an action of a praetor Answer Key: B Downloaded by Paige Lovecky
(plovecky16@gmail.com) lOMoARcPSD|21960273 Question 10 of 10 1.0 Points Who of the
following lived fifth? A. Justinian B. Theodosius II C. Augustus D. Gaius E. Ulpianus Answer Key:
A The period from about 3000-1100 BCE is known as the the Bronze Age. Answer Key:Bronze In
the mythical background to the Oresteia, Tantalus served to the gods a stew made from his
son. True False Answer Key:True Struggle of the Orders is the name given to the class conflict
that arose in Rome between patricians and plebeians.