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Restraint Conflict and The Fall of The Roman Republic Paul Belonick All Chapter
Restraint Conflict and The Fall of The Roman Republic Paul Belonick All Chapter
DOI: 10.1093/oso/9780197662663.001.0001
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Contents
Acknowledgments ix
Introduction 1
PA RT I : VA LU E S , T E R M S , A N D PAT T E R N S
PA RT I I : R E ST R A I N T, C O N F L IC T, A N D C O L L A P SE
4. Tiberius Gracchus 83
5. Uncertainty 102
6. Cataclysm 121
7. The Lost Generation of the Republic 137
8. Restraint as Accelerator 168
Epilogue 187
Bibliography 197
Index 221
Acknowledgments
This book is based on the PhD dissertation I completed under E.A. Meyer at the
University of Virginia, to whom I owe an incalculable debt. The project began
in 2011 at a lunch where we thought about possible topics. “We know that com-
petition makes the Roman Republic go, like a car,” I recall her saying, “but what
makes the car brake, or at least stay on the road so long?” I hope this book helps
us find an answer. I cannot adequately express my appreciation for her guidance
and pedagogy over these many years.
Special thanks go to Prof. J.E. Lendon, whose wonderful support and advice
have also spanned these many years, and who formed and shaped early drafts of
this work in the proverbial refiner’s fire. I am particularly grateful to Prof. A.J.
Woodman, who shared his renowned expertise on Roman rhetoric and histor-
ical sourcing, and whose incisive comments and suggestions for improvement
sharpened the book’s arguments immeasurably. Gratitude is also due to the rest
of my dissertation committee, Profs. J. Crawford, J. Dillery, and C. McCurdy,
whose assistance I treasure. All errors remain, of course, my own.
None of this would be possible without my undergraduate professors, Profs.
C. Rubino and B. Gold at Hamilton College, who first taught me Latin and Greek
and the love of the classics. I am forever indebted to them. I am also grateful for
the support of my family and many friends, who have understood and endured
the time and work that this study has taken.
Finally, and most deeply, to my wife, who made this book possible. She will-
ingly took on extra time to look after our small boys or to finish tasks while
I raced to the library or typed late into the night, all while handling an enor-
mously busy schedule of her own. In return, she gave me only ever more encour-
agement. I cannot have done this without her patience and love.
Introduction
In June 43 BC, an anxious Cicero wrote to his friend Brutus. Julius Caesar was
dead at Brutus’ hand, but civil war continued, while an “internal disease” in
the Republic “grew more severe daily.” Young Octavian—the future Emperor
Augustus, by now styling himself “Caesar” after his assassinated great-uncle—
seemed prey to a frightening desire for power, and the city was restive. And so
Cicero feared for the Republic: it should have been immortal, he lamented, but
was not, because nothing inhibited insolent would-be despots from demanding
as much as they had the power to take:
Neither reason (ratio), nor moderation (modus), nor law (lex), nor custom
(mos), nor duty has any strength, nor do the judgment and esteem of the citi-
zenry (existimatio civium), nor shame (verecundia) at what posterity will think.
1 Cic. ad Brut. 1.10.1: ingravescit enim in dies intestinum malum, 1.10.3: non ratio non modus non
lex non mos non officium valet non iudicium non existimatio civium non posteritatis verecundia,
1.10.5.
2 Livy 1.48, 1.49.5, 1.49.6: quo contemptior paucitate ipsa ordo esset, minusque per se nihil agi
indignarentur, 1.49.7, 1.54.1. Cf. Cic. de Rep. 2.45; Dio 2.10.1 (Zon. 7.9).
Restraint, Conflict, and the Fall of the Roman Republic. Paul Belonick, Oxford University Press. © Oxford University Press
2023. DOI: 10.1093/oso/9780197662663.003.0001
2 Introduction
precise inverse of Cicero’s list to Brutus. Tarquin displayed no respect for custom,
no moderation, no shame. His contempt for Senate and citizenry lacked care for
the opinion of others or respect for his office. His refusal to show deference to
senators and commons alike was intemperate. He lacked any self-control and
dripped avarice. His own posterity hated his arrogance. His sobriquet said it all.3
One hundred and sixty years after Livy, the Alexandrian historian Appian
wrote of Lucius Cornelius Sulla’s bloody march on Rome against his coun-
trymen in 88 BC to “free her,” in Sulla’s reasoning, “from tyrants.” Although
rivalries had long been common in the Republic, there had never been such
widespread and sickening violence as that which followed. Why this time?
Appian answered: “There was no longer restraint on violence either from a sense
of shame, or from the laws, or from civil institutions, or from love of country.”
Elsewhere he added “reputation,” and “respect for office-holding status” to the
list of absent values that led to discord and murder—items parallel to Cicero’s
“opinion of the citizenry” and to deference.4
The commonality of these opinions is not surprising to anyone familiar with
the ancient sources on the Roman Republic, both Greek and Roman, contem-
porary and late, and particularly those writing in or about its well-documented
last century. The sources are filled with endless worry about failing “morals” and
lost self-control, moderation, modesty, temperance, and shame. Separated by
decades or centuries, and describing times even more diverse, myriad authors
shared a common theory: a functional Republic required citizens who displayed
vigilant personal self-control, moderation, and deference to others.
This ubiquitous commonality, however, calls for explanation, particularly be-
cause self-restraint is the seeming opposite of another fundamental cultural fea-
ture of the Roman Republic: keen self-advancement. Historians now generally
accept that Roman ascendance was attributable to the uncommonly ravenous
competitiveness of the Roman aristocracy—those few members of Roman so-
ciety whose families achieved high offices and military commands—with their
enemies, ancestors, and among themselves. From early youth a Roman noble
boy was taught to be the best of all his peers and better than his forbears. The
walls of his home displayed the wax funeral masks of his relatives and the spoils
of their victories, labeled with their magnificent deeds, while he was exhorted at
funerals to surpass the dead man’s achievements. The climax of the competition
for self-promotion was the triumph, in which a victorious commander dressed
as Jupiter—a god for a day. Empire flowed from this competition as Roman elites
3
Cf. Dunkel (1971) 19; Hammar (2013) 166.
4
App. B.C. 1.4.33: οὐδένα ἔτι ὠφελούσης οὔτε ἐλευθερίας οὔτε δημοκρατίας οὔτε νόμων οὔτε
ἀξιώσεως οὔτε ἀρχῆς, 1.7.57: ἐλευθερώσων αὐτὴν ἀπὸ τῶν τυραννούντων, 1.7.60: οὐδενὸς ἔτι ἐς
αἰδῶ τοῖς βιαζομένοις ἐμποδὼν ὄντος, ἢ νόμων ἢ πολιτείας ἢ πατρίδος.
Introduction 3
sought to win dignitas (“standing” or “esteem”) and high electoral offices through
successful conquests in Italy, then the Mediterranean, then beyond.5
Modern historians, particularly in the last few decades, have modeled this
competition’s interplay with Roman culture and politics. Power in ancient Rome,
as scholars now realize, was not so much a matter of “institutions” or “structures”
as it was a more fluid, semiformal social arrangement, a kind of “performative-
competitive politics” mediated through acts of public display, ceremonies, and
spectacles that placed rulers and ruled into a framework of reciprocal relations
through shared symbolic practices and public exchanges of praise and votes.
Aristocrats held power and influence because they competed to win public
symbolic capital— victories, reputation, offices, family histories— possession
of which gave them the traditional right to control the government, which
gave them further symbolic capital. The formal structures and offices of the
Republic, too, were shored up by performative-competitive, symbolic cultural
features: aristocrats contending for office in public speeches, canvassing about
with visibly large crowds of clients in their wake, and so on. Competition also
helps explain the Republic’s governing structures (e.g., its hierarchies of offices),
its rigid social stratifications, and even the aristocracy’s interactions with the
common People, who participated in the performative-competitive Roman po-
litical system by judging the competition among the elite with their votes, cheers,
or hisses.6
What role could that ubiquitous commonality of self-restraint play in such a
competitive framework? Unfortunately, modern analyses are still lacking, largely
because modern historians have been (correctly) chary of swallowing whole the
Romans’ own thesis that their society collapsed because of lost “morals.” That
concern long made it unfashionable (at best) to suggest that Roman politics and
Roman plaints over “morality” had much to do with each other. Accordingly,
scholars of Rome saw those ubiquitous references to self-restraint as a mere lit-
erary trope, rhetorical platitude, or philosophical nicety, “a tedious common-
place, whose literary history may be traced by the zealous but whose frequent
5 Polyb. 6.53; Sall. B.J. 1.4.5–6; Pliny, N.H. 35.6; Flaig (1993) 199–200; Wiseman (1994) 98–102;
Flower (1996); Beard (2003); Hölkeskamp (2010) 112–115; Covino (2011) 74; Mouritsen (2017) 96–
104; Beck (2018).
6 The literature on performative politics has ballooned since the mid-1990s, and now generally
analyzes the People’s key role in it as well: e.g., Bernstein (1978) 195; Millar (1984) 10–14; Develin
(1985) 55, (2005); Rosenstein (1990) 154, (2006); Flaig (1993), (1995); Lintott (1994) 10–15, 45–
46; Meier (1995) 12; Hölkeskamp (1993), (2006) 364, (2009) 8–9, (2010) 1–5, 16, 56–60, 109–124,
(2011a) 162, (2011b) 26–30, (2013); David (2000) 29–30; Martin (2002) 167–171; Sumi (2005); Jehne
(2005); Patterson (2006) 346–350; McDonnell (2006) 185–195; Pittinger (2008); Wiseman (2009);
Lundgreen (2011) 260; Morstein-Marx (2011) 272; Steel (2013) 42–46, 51–53; Hammar (2013) 87–
92; Flower (2014); Harris (2016) 37–40; Gruen (2017) 559; Yakobson (2006), (2017), (2018); Rosillo-
López (2017); Tiersch (2018) 39. On the theory of social capital see Bourdieu (1991) 192, (1993b)
162–163.
4 Introduction
recurrence requires no real explanation.”7 The unhappy effect has been largely to
jettison “morals” from comprehensive analyses of Roman culture, history, and
politics.
Nearly thirty years ago, Catherine Edwards rightly challenged that view,
arguing that aristocratic attacks on the perceived immorality or prodigality of
other aristocrats were a social marker, “implicated in defining what it meant
to be a member of the Roman elite, in excluding outsiders from this powerful
and privileged group and in controlling insiders,” with perhaps some small ad-
ditional practical benefits of enforcing hierarchy and discouraging elites from
losing their status by frittering away their means.8 Some historians have since
taken the thought further, arguing that moralizing was an “arbitrary” way for the
elite to justify its privileged social position and to seem grave and “responsible.”9
In time, aspects of Roman self-control have come under expanded inquiry, in-
cluding fine semantic and single-word lexicographical studies on concepts such
as shame, virtus, and frugalitas. And, in a refreshing trend, scholars have also
recently begun investigating how social values were expected to exercise real
power in Rome, especially through oratory.10
Still, despite much good work, the advances since Edwards’ efforts that scholars
have made in modeling the performative-competitive system invite us to com-
bine these trends and to update and rethink holistically what work the range of
concepts relating to self-control did in Roman society, why the Romans seemed
so paradoxically obsessed with self-restraint within a competitive schema, how
self-control interlocked with aristocratic competition and with other aspects of
Roman performative politics, and what difference it made to their history. This
book aims to make three contributions on these lines.
First, to show how Rome’s political structures and its performative politics
were deeply shaped by values of self-restraint. Performative competition alone
cannot fully describe the Republic’s operation. The society would have collapsed
into fratricidal chaos almost immediately if everything were nothing but con-
stant war of all against all. The development of the republican system of lim-
ited, iterative, and collegial elective office-holding was a partial salve to chaos.
Indeed, we can conceive of the Republic as a system that organized the com-
petition for the distribution of honors, allocating competitive offices and other
7 Edwards (1993) 176, citing numerous scholarly examples. Cf. Henry (1937) 27– 28; Pelling
(1995) 206; Wallace-Hadrill (2008) 319.
8 Edwards (1993) 11–12, 138, 175–180.
9 David (2000) 23; Hölkeskamp (2006), (2017); Reay (2005) 352; Hammar (2013) 109. On the
cultural “arbitrary,” an intrinsically valueless thing that acts as a valued social marker, see Bourdieu
and Passeron (1977) 8; Edwards (1993) 4, 26.
10 E.g., Burck (1951) 167–174; Hellegouarc’h (1963); Dieter (1967); d’Agostino (1969); Viparelli
Santangelo (1976); Militerni Della Morte (1980); Moore (1989); Scheidle (1993); Lintott (1994) 49;
Perruchio (2005); Kaster (1999), (2005); Thomas (2007); Tatum (2011); Hammar (2013); Balmaceda
(2017); Vervaet (2017); David (2017); Roller (2018); Gildenhard and Viglietti (2020).
Introduction 5
14 Bourdieu and Passeron (1977) 8; Bourdieu (1993b) 5; Lundgreen (2011) 34. For norms as un-
written behavioral expectations, see Bruhns (2017); Humm (2017) 301–302; Lundgreen (2017) 18;
Roller (2018) 8 n.10.
15 Cf. Millar (1986) 4; Hölkeskamp (2006), (2014b) 44, (2017); Morstein-Marx (2011) 272; van
To be clear: this is not to say that there was ever some golden age of “moral”
self-control. Romans, being human, always had disagreements, sometimes
strident, throughout the Republic’s history. Behavioral norms were constantly
contested, as we will see. But that process of contestation does not mean that nor-
mative behavior was nonexistent, or not respected. Rather, contestation could
strengthen norms as disputes over proper behavior were resolved, the actors
praised or punished, and the contested incident commemorated for consump-
tion by the peer group and their descendants. Thus, for much of the republican
period, and particularly after the aristocracy formed in the late 300s into what
has been called the “new nobility,” the norms congealed through contestation,
waxing rather than (as later Romans supposed) ever-waning, until by the third
and into the second century BC the habitus settled reasonably well into place,
and a critical mass of aristocrats was generally capable of managing by consensus
and norms the tension between self-advancement and self-restraint, and of
containing would-be miscreants nonviolently through restraint mechanisms.16
In sum, norms of personal self-restraint were a sine qua non of the perfor-
mative Roman political system–cum–aristocratic competition. That—and not
the values’ role in elite self-definition alone or as literary niceties or oratorical
commonplaces—explains why the Romans were so preoccupied with them. In
this way this study unifies analytical models of performative competition for
personal self-advancement with the Republic’s endless harping on personal
self-restraint.
The book’s second contribution is to apply restraint to the arc of Roman his-
tory through several focused analyses and sustained historical narratives. This
method reveals how restraint influenced specific social contexts and long trends
within which individuals made their decisions, and brings new insights to
much-examined cases. Most important, it follows the primary (if not sole) so-
cial perspective—“Is this actor properly restrained or not?”—through which the
Romans themselves judged action, and thus sensitizes us to their own decision-
making and reactions to events in real time (what Karl-Joachin Hölkeskamp has
invited as a study of historical “microprocesses”). Hence, the values will take
their proper place as historical causal forces in their own right.17
The third contribution is to combine these observations into the book’s main
thesis: that restraint norms were central to the Republic’s disintegration—but
not in some crude linear deterioration from good mores to evil, as so many late,
moralizing Roman authors imagined. Rather, because restraint norms were
16 Cf. Morstein-Marx and Rosenstein (2006) 634–635; Lundgreen (2011) 14, 23–24, 118, 279,
Roman theory of the fall of the Republic is, in our terms, a cultural one: of the corruption of mores”;
Jehne (2009) 12–15; Hammar (2013) 180; Hölkeskamp (2014b) 43–44.
8 Introduction
18 Cf. Lundgreen (2017) 20, 27; Badel (2017) 551–552. On aristocratic education and the forma-
tion of a habitus, see Eyre (1963) 47–48; Bonner (1977); Bourdieu and Passeron (1977) 8; Wiseman
(1989), (2000); Harker et al. (1990) 16; Bourdieu (1993b) 5; Habinek (1998); Corbeill (2001) 263-266,
(2007); Flaig (2003); Forsythe (2005) 294–295; Billows (2009) 35; Gildenhard (2010); Lundgreen
(2011) 33–34; Scholz (2011); Roller (2018) 9.
Introduction 9
Part II then follows the values through “Restraint, Conflict, and Collapse.”
Chapter 4 re-examines the tribunate of Tiberius Gracchus in the light of the re-
straint norms, showing how Gracchus’ quarrel with his colleague and Gracchus’
murder were, paradoxically, products of the restraint values and set in motion
long-term changes to the values’ operation. Chapter 5, “Uncertainty,” shows how
the restraint values became highly disputed in the following decades, particularly
with respect to the Senate’s and People’s traditional roles as judges of normative
behavior, and how the contests ushered in hitherto unknown levels of violence.
Chapter 6, “Cataclysm,” locates within that unstable long trend the clash between
Marius and Sulla, which deeply sapped normative behavior’s ability ever after-
wards to set reliable expectations for peaceable inter-peer relations.
Chapter 7, “The Lost Generation of the Republic,”20 follows the actors of the
60s to the 40s bc, who inherited a veneer of structural integrity that concealed
highly confused understandings of normative behavior, expressed in a vast array
of approaches to restraint. This volatile social context shaped the generation’s
decision-making and emotions and heightened their conflicts, rendering them
helpless to resolve peaceably amongst themselves what shame, moderation, and
consensus should mean, even as they clung to the profound conviction that these
values must somehow be upheld for the sake of the Republic. Finally, Chapter 8,
“Restraint as Accelerator,” assesses in a close reading how in the final crisis of
50–49 BC all the major players were driven by irreconcilable visions of restraint-
based legitimacy, for which no body of peers or the People themselves could pro-
vide a definitive, acceptable verdict. The violence that followed at last snuffed
out the republican system. A short epilogue touches on restraint in Augustus’
“restored” polity, and concludes.
Two last points before we begin. First, because this book argues that the habitus
of restraint had causal power, we will encounter the age-old problem of reading
motivations from ancient sources. Of course, we cannot peer into the mind of
any given ancient individual to see what he “really” believed about restraint or
the extent to which it was driving his actions. It may be tempting, too, to see re-
straint values as “just” rhetoric or propaganda glossing over the Republic’s “real”
social or economic issues.
But the constant repetition of restraint values should suggest that they had
a general behavioral effect on Roman society—as though the Romans collec-
tively and constantly talked about restraint without anyone ever believing a
single word of it or acting on it. Rather, the way people speak and think about
a problem can, in fact, drive decision-making, and can be studied. Rhetoric
and propaganda are themselves historical and cultural forces that shape human
reactions to circumstances—often, for instance, sharpening generalized social or
20 The title, of course, points to and challenges Erich Gruen’s famous (1974).
Introduction 11
economic discontent into violent anger at specific human targets. They are also
historical and cultural data that tell us what a particular culture cares enough
about to get enraged over.
More so, the magnitude, consistency, and timing of shifts in norms relative
to social and political changes, as well as much primary evidence that directly
connects norms to decisions, will strongly suggest that restraint norms repeat-
edly prompted action. We will see material and economic developments es-
pecially shaped through the habitus of restraint. We will also see quick, vivid
physical actions and reactions in line with restraint, which also imply true inter-
nalization. Some Romans, too, surely fell into the cognitive bias of believing in
restraint when it was personally useful; the human mind, after all, is exquisitely
adept at holding fervent beliefs that happen to support what it wants. But the
use of restraint as a viable strategy to support one’s desires only shows that even
if some people enacted restraint while secretly completely disbelieving in it or
having some other motives, they evidently expected that their audience believed
in it and would justify them on that basis—which also shows a baseline power
of the norms and, simultaneously, contestation over them. So even if we cannot
perfectly know what motivated a given person in a given instant, we still can,
taking the evidence as a whole, trace restraint’s path through group cohesion and
then crackup, and reveal restraint as a causal force. The direction of causation
between changes to restraint norms and social, economic, and political forces
will be multivariate, of course, and I will expressly argue that restraint and social
change acted as feedback loops on each other.
Finally, it has been wisely said that “most of us can only follow one or two
threads of the web; which is reasonable and useful, provided we do not claim
that we have found the answer” or suggest that our thread is the “only one that
matters.”21 This study aims to follow a particular thread of some critical social
restraints on aristocratic competition through the Romans’ history, not to create
an exhaustive list of every possible restraining impulse that the Roman aristoc-
racy used. Some restraints, like law, require their own comprehensive studies and
can be touched on only lightly here. Nor will I pretend that the Republic’s opera-
tion and dissolution hinged on one monocausal factor alone. Rather, I will show
how the habitus of restraint intersected with numerous other historical trends,
forces, and even accidents that shaped Republican history. All the same, I will
intentionally keep a tight focus on the thread of restraint to illuminate primarily
this long-inadequately understood factor in Roman politics and culture. To the
extent that the inquiry adds something to other threads and questions, though,
I hope it is in a “reasonable and useful” way.
Part I explores how the Romans conceived of, used, and passed on restraint
values such as deference, moderation, and temperance, and shows how the
values were political norms that supported and legitimized the Romans’ pecu-
liar semiformal performative system of governance. Part I also addresses the ob-
jection that the values were nothing but rhetorical tropes or idealized nostalgia,
showing instead in Chapter 3 using evidence contemporary with the action how
the restraint values settled into behavioral norms over time until they became
by the end of the second century bc part of the Romans’ unconscious habitus,
which also explains the values’ omnipresence in the historical sources. The Part
concludes by placing the values into modern historical models of the Republic’s
functions, illustrating the values’ integral role in the Romans’ social dynamics
and republican structures and institutions.
1
Shame, Respect, and Deference
Cicero and Appian believed that “the judgment and opinion of the citizenry,” re-
spect for “office-holding status,” “shame,” and “reputation” should have restrained
men from committing evil against the commonwealth—but were failing.1 How
did these values constrain the Roman aristocratic competition?
First, office-holding status and reputation created social hierarchy, and the
Romans expected everyone to defer to their betters. That is an unoriginal obser-
vation, of course. Far more important, the Roman nobility also expected peers,
and especially colleagues in office, to cede to each other in an exercise of mu-
tual deference—even though peers and colleagues were also natural rivals in
competition.
The significance of this restraint value of deference to peer and colleague can
scarcely be overstated. Roman aristocrats are repeatedly portrayed in the ancient
sources exhibiting a conviction that mutual accord—and not antagonistic checks
and balances—defined the ideal collegial or interpeer relationship.2 A willful
aristocrat could especially be overborne by a display of solidarity of a group of
peers or colleagues, and particularly when the Senate, the greatest conglomerate
of dignified men, acted in concert. Indeed, a collection of peers could pressure
a Roman aristocrat even more than fear of enemies, physical force, or threat of
death. This norm of deference was closely tied to inhibitory emotions to which
the Romans gave the names pudor and verecundia, a “sense of shame,” whence
came “respect” for others, which were in turn related to the concern a Roman
had for his existimatio, his “sense of worth” in the eyes of others. Additionally, the
rewards or punishments respectively associated with proper deference or with
shameless disregard for the “judgment and opinion” of one’s fellows cemented
the values’ symbolic capital.
Of course, these restraint values might occasionally become contested and
fraught. Navigating the tension between expected self-restraint and expected
self-advancement was inherently difficult. It could be painful for an ambitious
Roman aristocrat to submit to others. But Roman aristocrats in our sources regu-
larly appealed to these deferential values as the primary means to settle disputes,
Restraint, Conflict, and the Fall of the Roman Republic. Paul Belonick, Oxford University Press. © Oxford University Press
2023. DOI: 10.1093/oso/9780197662663.003.0002
16 Restraint, Conflict, and the Fall of the Roman Republic
which shows both the values’ significance and the Romans’ deeply held assump-
tion that the values would work.
And to what end? Ultimately, the restraint of deference underlay the cohe-
sive functioning of republican power. The aristocracy gave influence to those
who judiciously combined restraint and self- assertion. Pure advancement
without restraint could not be a fully justified or legitimate “win,” but would
be superbia, which would lessen dignitas and influence. The aristocracy conse-
quently assumed that the Republic was in danger unless its members individ-
ually and collectively abided by norms of deference and were receptive to the
weight of shame and the reputation, judgment, and opinion of their peers. That
is why Cicero and Appian placed these qualities in their list of failing fail-safes.
And that is also why Romans are described in the sources as fixated on the values.
A three-episode account from Livy will begin to illustrate how the restraint value
of deference informed ideal aristocratic interactions.3
***
Young Q. Fabius Maximus Rullianus was no mean soldier. He had distinguished
himself against the mountain-dwelling Samnites, and his bravery led to advance-
ment. When in 325 BC the Samnites once again threatened, the general L. Papirius
Cursor was chosen dictator and selected Fabius for his Master of Horse. Along
the march to Samnium the dictator returned to Rome to take fresh auspices, and
sternly charged his subordinate Fabius to seek no battle until his return. Fabius,
however, like any ambitious young Roman, was keen for fame. When he discov-
ered that the Samnite pickets were lax, he eagerly attacked. The fight could not
have gone better, and the exultant Romans gathered up the enemy’s armor and
weapons in a great pile in front of Fabius, who put it to the torch. This was either
to fulfill a vow to the gods or to ensure that Papirius could not claim the spoils,
which was his right as the technical commander-in-chief. In a final insult, Fabius
sent a dispatch of his victory directly to the Senate—and nothing to his superior.4
Papirius was furious and rushed back to the camp, faced down the angry
soldiers who supported Fabius, and then ordered his lictors to bind Fabius for
summary execution. Fabius escaped their grasp and hid among the men, who
pleaded with Papirius to forgive; it would not do to punish a young man of such
merit so harshly. They clamored to the verge of mutiny, but Papirius shouted
back. The din went on until dark, when Fabius slipped out of camp and fled to
Rome to appeal to the senators.5
3 On the general historicity of the following episodes see Cornell (1986) 82; Forsythe (2005) 76,
295; Oakley (2007) II 696; Cornell et al. (2013) II 93. Contra is Chaplin (2000) 111.
4 Livy 8.29.8–8.30.11; Val. Max. 2.7.8.
5 Livy 8.32.14; Val. Max. 2.7.8.
Shame, Respect, and Deference 17
Rivalry for glory first embroiled the army and now perturbed the Senate.
Fabius had barely begun to make his defense in front of the fathers when
Papirius followed in. As a group, the senators, including Fabius’ father M. Fabius
Ambustus, entreated the dictator to put aside his anger. Ambustus, once dictator
himself, decried that “neither the authority of the Senate nor my old age . . . nor
the virtus and nobility of your Master of Horse”—what evidently seemed to him
(or at least to the narrator Livy) to be restraints on the desires even of dictators—
had any weight with Papirius. Stymied, Ambustus led the senators outside to a
growing throng.6
Ambustus and Papirius then faced each other at the speaker’s platform. On the
one side was the authority of the Senate and of the multitude, along with a gath-
ering of leading men; on the other the authority of the dictator, accompanied by
only a few attendants. Custom, precedent, and law supported both. Ambustus,
after having submissively stepped down from the platform at Papirius’ in-
sistence, asked Papirius to defer to the majesty of the Senate, the favor of the
People, the help of the tribunes, and the memory of the absent army. Where,
Papirius retorted, was respect for the Roman People who had given him dictato-
rial powers, or for discipline? Let Fabius off, Papirius argued, and soldier would
not obey commander, and no one would have respect for men or gods. The entire
Republic might then be destroyed for the young man’s licentia.7
At this, the crowd began to beg, falling to the pavement. Fabius and Ambustus
too bowed in front of Papirius and pleaded for forgiveness. Moved, Papirius
declared that discipline was restored: Fabius had learned in war and peace to
“submit to legitimate authority.” The People might therefore have Fabius’ life
restored to them as a gift, the dictator deferring to their wishes in exchange for
the show of deference to himself. The quarrel subsided—and without violence.8
Fifteen years passed. Fabius had since been consul and dictator himself, and
was now consul again, and again in the field against the Samnites. Exaggerated
reports had fanned rumors in Rome that the legions under Fabius’ consular col-
league C. Marcius had been wiped out. The Senate, in dismay, called for a dictator
to lead the counter-attack. By custom, a consul must appoint him. Marcius was
feared lost, and only Fabius remained to perform the rituals to invest the man
who would take from him the credit of his campaign. The Senate chose as dic-
tator none other than L. Papirius Cursor.9
The senators were not foolish in this choice. Papirius was the foremost gen
eral of the day. But Fabius’ private enmity with Papirius caused worry. This
6 Livy 8.33.7: quando quidem . . . apud te nec auctoritas senatus nec aetas mea . . . nec virtus
appointment would not be without friction. To ensure that Fabius’ anger “would
not obstruct the public good,”10 wrote Livy, the Senate decided to send an honor-
able “deputation of former consuls,” because, the Senate judged, they “could add
their own personal auctoritas to that of the nation, and thereby convince Fabius
to put aside the memory of his quarrels for the sake of the country.” The party—
all Fabius’ peers and (perhaps) sometime colleagues—met with Fabius in camp
and urged him to defer to their wishes.11
Silence. Fabius fixed unmoving eyes on the ground—then got up and left
without a word.12 He likely pondered his choices. As consul, he might refuse to
perform the rituals that would let Papirius overtake him. But the Senate had sent
men of the greatest worth to plead that he cede to their and the Senate’s wishes.
These particular men, moreover, had been sent precisely because the Senate ex-
pected that Fabius would weigh their opinions heavily in light of their immense
dignity. And so, as was custom, in the middle of the night he prepared the sac-
rifice and appointed Papirius over himself as dictator. The next day the depu-
tation learned of it and hurried into Fabius’ tent to thank him for “admirably
conquering his feelings.” Silence again. Fabius bade them leave without reply.
That, wrote Livy, was a “clear sign of how his singular sorrow was crushed by his
great spirit.” For this act, wrote the historian Cassius Dio, he “gained the greatest
glory.”13
A further fifteen years passed. There was no doubt that the now-aged Fabius
would be selected to his fifth consulship, for the year 295 BC. He tried to beg
off because of weakness, but “overcome by the consensus” of all he agreed, on
the condition that the other consul be P. Decius Mus, his colleague in two pre-
vious consulships and censorship. Through his experiences, Livy had Fabius say,
he had learned that “nothing protected the Republic more firmly than concord
among colleagues.”14
***
These three (perhaps idealized) episodes exemplify the temptations a Roman
aristocrat faced to engage in self-glorifying behavior that might interfere with
the desires of his fellows, but also amply demonstrate the assumed value of defer-
ence and its emotional valences.
insignem dolorem ingenti comprimi animo. Dio 8.36.26: εὔκλειαν ἐκ τούτου μεγίστην ἔλαβεν.
14 Livy 10.22.2: vincebatur consensu, 10.22.3: expertum se nihil concordi collegio firmius ad rem
Deference to Superiors
Observe first the esteem for rightful grounds of Roman self-assertion. Military
heroes were due respect from all, elders were due respect from youth, and men
were supposed to yield to a superior in an official position. Papirius as dictator
simply expected obedience and was livid when he did not receive it. The higher
one climbed in the competition, the more claim one had to power and dignitas.
That was a main point of the game. But the exercise of power was not a matter of
naked force or official position alone. Although the threat of force could influ-
ence conflicts—Papirius had rods and axes handy—it was not here the resolving
factor. The senators did not physically threaten Papirius to get their way, nor did
Fabius fifteen years later face any physical hazard from the senators who visited
him, nor any threat of some official “constitutional” sanction. Yet both officials
gave ground in the end.
than detracting from the common good for their own purposes.”16 Similarly, in
381 BC Camillus was colleague as military tribune with consular power with his
brother’s son, L. Furius Medullinus. Camillus reportedly said that “he had a col-
league of equal right and authority,” and he could not “impede the command
of his colleague”—his own nephew, and he the (traditionally stern) paternal
uncle.17
Concord followed deference. Livy’s books covering the years between 296 and
173 BC repeatedly inform us that consular or censorial pairs acted among them-
selves “with the greatest concord” (or some close variant) with such insouciance
that one suspects that Livy was relating some traditional formula of approval.18
A lucky find of an inscribed bronze fish dating from the Middle Republic also
hints at such a formula: “[Consc]riptes cose.”—the “conscript fathers in con-
sensus.”19 Obstinacy and intercollegial strife were, consequently, consistently
frowned upon, both in legend and in later, more historical, episodes. In 418 BC,
for instance, the several military tribunes with consular power were said to argue
among themselves about who would get the glory of a campaign and who would
have to stay behind to govern Rome. Livy wrote that the senators looked on with
“astonishment” at this contest, which had become parum decorum (“scarcely
honorable”). Quintus Servilius, a former dictator, ended the matter with a
tongue-lashing. Because, he seethed, the tribunes had no sense of verecundia for
Senate or Republic, he would order his tribune son to stay in Rome. As for the
tribunes who went out to fight, he warned, they had better conduct the cam-
paign with “more harmony and concord than they sought it.” And when two of
the tribunes continued to bicker, their lieutenants scolded them and forced them
16 Livy 6.6.7: nec quicquam de maiestate sua detractum credere, 6.6.8: ingens inde ait onus . . . max-
imum tam honoratorum collegarum obsequio iniungi, 6.6.18: si tales viros in magistratu habeat, tam
concordibus iunctos animis, parere atque imperare iuxta paratos laudemque conferentes potius in
medium quam ex communi ad se trahentes. Cf. Oakley (1997–2008) I 446, 455. On the college, see
Adcock (1971); Forsythe (2005) 234; Drogula (2015).
17 Livy 6.23.9-10: nunc scire se collegam habere iure imperioque parem . . . collegae imperium se
non posse impedire; MRR I 104. Plutarch Cam. 37.3 holds that Camillus permitted Medullinus to
take command only out of fear that he would be thought stealing his nephew/colleague’s opportuni-
ties for glory. Cf. Klotz (1941) 307; Oakley (1997–2008) I 580. In both versions, however, Camillus
assumes that he should cede to a colleague, and that depriving his young colleague of just opportuni-
ties would be shameful. On the stern patruus see Martin (2002) 160–161.
18 E.g., Livy 10.24.2 (concordia inter se), 22.32.1 (summa inter se concordia), 27.38.10 (omnia cum
summa concordia consulum acta), 32.7.2-3 (censores . . . magna inter se concordia et senatum sine
ullius nota legerunt), 40.40.14 (cum summa concordia), 40.51.1 (censores fideli concordia senatum
legerunt), 42.10.4 (concors et e re publica censura fuit). Cf. Hellegouarc’h (1963) 123; Levick (1978);
Akar (2013) 98.
19 Warmington (1935-2006) IV 208, dating the fish to 222–153 BC. The fish was found at Fundi,
and so if the reference is not directly to the Roman Senate, then likely the Fundian aristocracy were
mimicking Roman mores in a gift to a “Ti. Claudius.”
Shame, Respect, and Deference 21
20 Livy 4.45.8, 4.46.8: consideratius concordiusque quam cupiunt. A system of rotating command
would be a practical way to apply the fiction of perfect collegial equality. Cf. Drogula (2015) 151, al-
though see Ogilvie (1965) 604.
21 Livy 37.47.6, 38.43.1–13, 39.5.1–5: ne hoc quidem cernere eum, fore ut memoriae ac posteritati
mandetur eiusdem conlegii alterum e duobus tribunis plebis suas inimicitias remisisse rei publicae,
alterum alienas et mandatas exercuisse. Cf. ORF3 57 fr. 148 (=Gell. 5.6.24); Develin (1985) 193–194;
Epstein (1987) 13, 15, 25, 59, 73; Gruen (1990) 132; Chaplin (2000) 154; Briscoe (2008) 179; Flaig
(2017) 402–407.
22 Livy 40.45.7, 40.46.2–3: indicandum tamen est quid omnes bonos in vobis aut offendat aut certe
mutandum malint, 40.46.5–6: graves et atroces . . . periculum est ne ex hac die nobis et rei publicam
quam vobis graviores fiant, 40.46.9: ut ea res mihi collegaeque meo bene et feliciter eveniat. Pittenger
(2008) 210 n.35 comments that the Romans valued concordia in the censorship because it helped
them to work together practically and set a decorous example.
22 Restraint, Conflict, and the Fall of the Roman Republic
23 Cf. Cat. Mai. re Rust. 141.3; Hickock (1993) 70–71, 141 n.2; Briscoe (2008) 531.
24 Livy 40.46.14–16; Val. Max. 4.2.1; Gell. 12.8.5–6; Cic. Prov. Cons. 20–21; Develin (1985) 194;
Briscoe (2008) 528.
25 There seem to have been many candidates. Evans and Kleijwegt (1992) 186.
26 Cf. Dominik and Smith (2011) 3; Steel (2011) 35, 38, and references.
Shame, Respect, and Deference 23
Groups of Peers
27 Livy 45.17.7: tales viri mitterentur, quorum de consilio sperari posset imperatores nihil indignum
nec clementia nec gravitate populi Romani decreturos esse. This reminder of proper behavior might
have inspired Paullus to his acts of generosity described in Chapter 2.
28 Livy 27.34.3: temperandum . . . moderato et prudenti viro adiuncto conlega, 29.38.11; Frontinus
4.1.45; Suet. Tib. 3; Epstein (1987) 13, 17–18, 70, 94; Gruen (1990) 85–87; Yakobson (2017) 507–
508. Rosenstein (1995) 327 notes the oddity of these candidates: Nero had lately been outwitted by
Hannibal, and Salinator had no experience against the Carthaginians. But Rosenstein points out that
the choice of general came down, not to military skill, but to the man most capable of embodying
virtus and thus inspiring his troops, which perhaps explains the choice of Livius to temper any parts
of Nero that detracted from his virtus, which included self-control.
24 Restraint, Conflict, and the Fall of the Roman Republic
the two at first refused. Livius, still brooding on Nero’s insult to him, argued that
there was no need for reconciliation because enmity would keep each alert to
avoiding errors that the other might exploit. The Senate, however, would have
none of this line of reasoning. Concord, not check-and-balance—that was the
ideal. Instead, “the Senate’s auctoritas overcame them to make them administer
the Republic with a common mind and counsel, putting aside their hatred.”29
The two quickly had opportunity to show it. They prepared for battle cum
summa concordia and fought bravely at the Metaurus River, winning a tremen-
dous victory over Hasdrubal, Hannibal’s brother. The victorious pair then courte-
ously decided not to enter Rome separately; they had fought the war in common,
and agreed that because the battle had been fought in the territory assigned to
Livius, and the auspices on that day happened to be Livius’ (they alternated days
of command), Livius would ride the triumphal four-horse chariot while Nero
followed on horseback. This sharing of the triumph, commented Livy, added to
the glory of both, but even more so for Nero, who, although he achieved more in
the actual fighting, “ceded the greater honor to his colleague.” Thus the force of
deference to colleague and to collective senatorial consensus was thought to re-
solve dangerous rivalry, even when urgent military need could not.30
The value of deference could also play another role that Livy related with the
phrase victus consensu: to help the nobility decide to whom to distribute dignitas,
a critical function of the republican system. Debates over triumphs exemplify
this dynamic in action. In 200 BC, Lucius Cornelius Lentulus the proconsul
came back from a successful campaign in Spain. After giving an account of his
successes to the Senate, he asked for a triumph. Because his had been an emer-
gency appointment, however, he was technically not qualified for the honor; the
auspices had not been in his own name. When the Senate suggested an ovation
instead, the tribune Ti. Sempronius Longus objected to this as also against prece-
dent. Yet, victus consensu patrum (“defeated by the consensus of the fathers”), he
withdrew his veto and Lentulus got his ovation.31 In 167 BC, Ser. Sulpicius Galba
opposed a law granting L. Aemilius Paullus a triumph for his victory at Pydna,
accusing Paullus of not given enough of the booty to the soldiers out of the mas-
sive haul given the treasury. The first tribes, surrounded by sullen soldiers, started
the vote against Paullus, and an uproar ensued among the senators. M. Servilius,
who had been consul and Master of Horse, requested that the tribunes start the
vote over again. No doubt the tribunes would have enjoyed the goodwill of the
29 Livy 27.35.8, 11: vicit tamen auctoritas senatus ut positis simultantibus communi animo con
silioque administrarent rem publicam. Cf. Val. Max. 4.2.2; 7.2.6a; Epstein (1987) 13.
30 Livy 27.38.11, 28.9.9– 11: tantum honore collegae cesserat. Note that the Senate decreed an
equal triumph for both and Nero’s deference was therefore an example of praecipua moderatio (“ex-
ceptional moderation”), Val. Max. 4.1.9.
31 Livy 31.20.6; Sage (1933–2000) ix 59 n.2.
Shame, Respect, and Deference 25
So far, we see (at least an idealized) value of deference helping to order the repub-
lican system’s honor-and-office distribution functions amid contests over self-
advancement, and to justify the results. But why was this restraint value so potent?
A clue comes from Cicero and Appian. Cicero, recall, lamented that verecundia
and existimatio had vanished. Appian cited the loss of ἀξίωσις, a sense of “being
thought worthy,” or “good reputation,” as well as of αἰδώς, a “sense of shame” (in
Latin, pudor).34 Robert Kaster and Jean-François Thomas have studied carefully
across the entire Roman literary record the emotions expressed with the words
verecundia, existimatio, and pudor, and have come to two conclusions pertinent
here. First, pudor and verecundia opposed to some degree the gloria and laus that
every man sought—but one could, paradoxically, nevertheless receive praise for
their exhibition. Second, the words connoted a sense of mutuality: each emotion
was related to the opinions of those who observed the man displaying them. Take
pudor, for example. As Kaster explains, a Roman’s experience of this emotion
was directly tied to the opinions that other Romans had of him: “All experiences
of pudor depend upon notions of personal worthiness (dignitas) and value
(existimatio), which in turn derive from seeing myself being seen in creditable
32 Livy 45.35-36.
33 Cf. Thomas (2007) 412; Brennan (2014) 31, 44–45.
34 Cic. ad Brut. 1.10.3; App. B.C. 1.4.33, 1.7.60. Cf. Ovid Fasti 1.251; Barton (2001) 19 n.5.
26 Restraint, Conflict, and the Fall of the Roman Republic
terms. I experience pudor when I see myself being seen as discredited, when the
value that I or others grant that self is not what I would have it be.”35
Verecundia was similarly mutual, although it differed slightly from pudor.36
While pudor was primarily an inward-facing, unpleasant feeling of being lowered
in the eyes of others, verecundia, Kaster writes, was an outward-facing emotion
that “animates the art of knowing your proper place in every social transaction
and basing your behavior on that knowledge; by guiding behavior in this way,
verecundia establishes or affirms the social bond between you and others, all of
whom (ideally) play complementary roles.”37 Critically, verecundia meant that
each Roman would constantly gauge his “standing relative to others” and would
present himself to them “in a way at least that will not give offense . . . and that
preferably will signal [his] full awareness of the others’ face, the character they
wear in the transaction and the respect that that character is due.” As a result, a
Roman possessed of verecundia would “stop short of overtly pressing [his] full
claims, yet not be excessively self-effacing.” Thus the “mutuality of verecundia,
the way that its wariness looks both to the self and to the other . . . is the essence
of the emotion as a force of social cohesion.” So too Thomas, who shows that
verecundia ensured “entente” and social peace.38
Finally, a proper showing of verecundia avoided jeopardizing one’s existimatio,
one’s “sense of worth” in the eyes of others, which completed the circle back to
pudor, the desire to avoid shame and “loss of face.” Existimatio also depended on
how well one considered the “face” of others. The “unimpeded liberty” that some
manifestations of pudor sought to control was, Kaster explains, “commonly, even
typically,” conceived as a “desire not just to satisfy myself at others’ expense but
also to distinguish and separate myself from others, whose claims on me I can
then ignore and—as important—whose equality with me I can deny,” or, more
bluntly, “doing what I damn well please.” Concern for one’s existimatio was too
a mutually felt emotion, and closely linked with a Roman man’s calculation of
parity with a peer. In short, if one failed to exhibit verecundia—the studied cal-
ibration of one’s actions with a view to one’s standing relative to others—one
could lose existimatio, which would lead to pudor, discredit in the eyes of others;
a loss of social capital to be avoided in a republican competition fueled by desire
for dignitas.39
35 Kaster (2005) 4, 29; Thomas (2007) 52, 325–330. Cf. Hellegouarc’h (1963) 283; TLL X,2 Fasc. 16
(1963) 362; Bourdieu (1966) 198; Barton (2001) 214; Hall (2005); Pittenger (2008) 133–134. See also
Cairns (1993) 432 on αἰδώς as an inhibitory emotion vis-à-vis others.
Shame, Respect, and Deference 27
The connections among pudor, verecundia, and existimatio and the norm
of deference to peer and colleague now become clear. Kaster’s and Thomas’
descriptions show that these emotions operated as the emotional underpinnings
of the deference ideal. Even when the ancient historians did not use these words
when describing episodes of deference, the emotions are recognizable in the ac-
tors’ behavior. It explains why, when the senatorial deputation requested that
he appoint his rival Papirius dictator, Fabius Rullianus could not speak a word
or even remain in their presence. Instead he cast his eyes down on the ground
and left the tent. Kaster notes that pudor, the feeling of having one’s existimatio
lowered in others’ sight, not only restrained action, but might cause one to
“break . . . off contact with others: silence, downcast eyes, averted glance, a
turning away, or an actual withdrawal”—gestures we will see repeated several
times. That is, Fabius, even without Livy’s using the word, showed pudor relative
to a group of peers who sought to demote him.40
But that same pudor also explains why Fabius deferred. The fact that the Senate
repeatedly sent deputations—and not a mere message or order—to assert its will
presupposes how the Romans expected these emotions to operate. The genius
of sending a deputation was that it forced a man to calibrate then and there his
worth relative to that of multiple peers directly in front of him—that is, to exer-
cise verecundia. If he failed to defer to one peer, to consider that man’s “face,” the
loss of existimatio in the eyes of others would be bad enough. But if he failed to
defer to the wishes of many peers, to take no account of their combined “faces,”
the display of non-verecundia, and the resulting loss of existimatio and conse-
quent pudor, might even shame them, and would be far worse even, for instance,
than the sting of demotion that a mere dispatch telling a general to appoint a rival
as dictator could relay. And, of course, a deputation—as opposed to a mere pri-
vate message—fits perfectly into the observation that power in Rome was public
and performative. This fear of pudor, concern for existimatio, and calibration
of verecundia, moreover, are identical to the reports above of how an aristocrat
acted if he became victus consensu omnium. Thus the interplay of these emotions
constituted a social force so strong that it could outweigh Rome’s security or per-
sonal rivalry as an impetus to restrain or channel action.41
And that is not all. These emotions also help explain the very structure of the
republican office-holding colleges. As seen, colleagues in office were ideally to
consider each other equals in all respects and act accordingly, even if when out-
side the college they plainly were not equal in age, status, or even in intra-familial
rank.42 The fiction of perfect equality among colleagues interlaces elegantly
40 Livy 9.38.13; Kaster (2005) 32. Cf. Barton (2001) 208, 254.
41 Kaster (2005) 20–21. Cf. Dominik and Smith (2011) 2 on shame as a policing mechanism.
42 Vishnia (1996) 200.
28 Restraint, Conflict, and the Fall of the Roman Republic
with the emotions of verecundia and pudor and the restraint value of deference.
First, parity required colleagues automatically to practice verecundia, a con-
stant adjustment of one’s position in light of the needs and desires of a perfect
equal. A Roman man would thus all but automatically experience pudor if he
failed to take the “face” and wishes of his colleague into account—something
that he would not feel so harshly if he could consider his colleague an inferior.
Accordingly, the Roman college ensured instant pudor should an officeholder
become overly self-willed.43 That is no doubt why the great Camillus was mythol-
ogized as having pitch-perfect deference to colleagues, even to his nephew.
Second, and inversely, the collegial structure provided an aristocrat a tailor-
made opportunity to display verecundia, to his credit. An aristocrat elevated to
any office (save dictator) received immediately at least one collegial peer upon
whom he constantly could practice verecundia and the avoidance of pudor. Thus
the college created a glorious challenge: again, given the nature of the Roman
electoral system, any set of colleagues had been opponents for their entire lives,
but now could display deference. Exercise of restraint within the college there-
fore could lead the more to socially desirable praise and gloria, while protecting
the college itself.
All told, the emotions described by pudor, verecundia, and existimatio un-
derlay the deference to colleague, peer, and groups of peers that we have repeat-
edly observed. Moreover, the nature of the Roman college provided multiple men
with multiple opportunities for advancement and achievement—the competi-
tion that a Roman man craved—but also produced an arena in which a Roman
noble could practice and publicly display verecundia and care for his existimatio.
The aristocrat would feel pudor if he failed and gain gloria if he succeeded. The
norm of deference to colleague and peer was thus a stanchion of the orderly op-
eration of the Republic’s structural and performative institutions, its distribu-
tive functions, and its cohesion, and rested on these performative concepts and
emotions—emotions that Cicero and Appian would mourn as lost.
Contestation
To this point, we have the ideal. But (putting aside for the moment the question
whether Livy et al. outright invented all this evidence) the disputes we have al-
ready witnessed plainly reveal that there was no golden age of pure consensus
in which this normative system of behavior functioned seamlessly to restrain
43 Compare Sallust B.C. 6.7, who argued why there were two chief imperatores: eo modo minume
posse putabant per licentiam insolescere animum humanum (“They thought that by this means it
would be the least likely that men’s minds would become haughty through license”).
Shame, Respect, and Deference 29
44 Livy 9.33.4: nulla vi conpelli, ut abdicaret, potuit, 9.34.22, 9.34.26: te nec quod dies exit censurae
nec quod collega magistratu abiit nec lex nec pudor coercet: virtutem in superbia, in audacia, in
contemptu deorum hominumque ponis. On the tricky historicity of this event, see Oakley (1997–
2008) III 361; Develin (1985) 215–224; Wiseman (1979) 57–139, esp. 86–87. Even if invented, the
story is an effective attack on a reputation only if failing to cede were considered wrong.
45 Livy 39.32.10: toto foro volitando, 39.32.11-12: maiore parte senatus . . . coerceri tamen ab
act in this unprecedented way. Flaccus replied to the consul that he would “do
nothing unworthy of himself,” a “measured response by which he gave hope to
those who interpreted it as they wanted to that he would cede to the authority of
the fathers”—the expected and approved outcome. Flaccus’ enigmatic statement,
which is aphoristic enough to suggest it is preserved verbatim, shows that he hon-
ored deference, at least in an abstract way. But when election day came, Flaccus
continued as before. When the senators saw that their “authority could not move
him”—as they evidently first assumed it would—they appealed to the assembly.
Flaccus, “unmoved even then by opinion,” continued to seek the crowd’s vote.
Exasperated, the Senate finally decreed that the office would not be refilled; the
remaining praetor alone would handle all jurisdictions. Livy’s language may not
be contemporary with the action, but the pattern of behavior he described is
plain enough: the Senate’s first move was to attempt to instill shame in the way-
ward office-seeker through force of group opinion, and their befuddled response
to Flaccus’ intractability suggests that they struggled to imagine immediate re-
course to alternative solutions because their expected solution usually worked.46
Desire for a triumph and military glory also created a tension with restraint
principles. According to Dionysius of Halicarnassus, L. Postumius Megellus,
cos. 291, demanded command of the latest Samnite war. His colleague, C. Junius
Bubulcus Brutus, of a plebeian family in a time when the classes were still finding
common footing, “vexed” that he was being pushed aside from his “equal rights,”
“often pressed his rights” to the Senate, but at length followed the deference script
and “came to agreement” and “yielded to his colleague and conceded . . . com-
mand of the war.” The previous year’s consul Q. Fabius Gurges, however, was
still on campaign, and Postumius insisted that Gurges withdraw. The Senate’s
first response to the crisis was (here it is again) to send a deputation to persuade
Postumius to allow Gurges to continue as general. Postumius, however, scoffed
at them “arrogantly and tyrannically” saying that it was for him to command the
Senate, not the Senate to command him. (At least he shared the assumption that
someone should cede to someone). Indeed, Gurges “ceded” to this “madness.”
After the campaign, Postumius demanded a triumph. Instead, the People even-
tually fined him heavily—apparently a frustrated last resort.47
46 Livy 39.39.8: respondit Flaccus nihil quod se indignum esset facturum. medio responso ad
voluntatem interpretantibus fecerat spem cessurum patrum auctoritati esse, 39.39.10: auctoritas
patrum nihil movisset, 39.39.11: ne tum quidem de sententia motus. Livy erred: Flaccus was merely
aedilis designatus. Briscoe (2008) 348; MRR I 375.
47 Dion. Hal. 17.4.2–6: ἐφ᾽ οἷς ὁ συνύπατος αὐτοῦ καταρχὰς μὲν ὡς ἀπελαυνόμενος τῶν ἴσων
ἠγανάκτει καὶ πολλάκις ἐπὶ τῆς βουλῆς τὰ δίκαια πρὸς αὐτὸν ἔλεγεν . . . εἶξέ τε τῷ συνυπάτῳ καὶ
παρεχώρησε τοῦ . . . πολέμου τὴν ἡγεμονίαν . . . ὑπερηφάνους καὶ τυραννικὰς . . . εἴξας τῇ μανίᾳ,
17.5.4. Dionysius reported Bubulcus ceded because of his plebeian background and fewer friends.
Evidently the ideal of perfect equality among colleagues was not entirely set in this early time, al-
though Bubulcus clearly thought at first it might be when he pressed his rights to the Senate—another
moment of contestation. Cf. Bravo and Griffin (1988) 447–521; Palmer (1990); Gabrielli (2003).
Shame, Respect, and Deference 31
48 Livy 33.22.6: non tamen nec illum nec quemquam alium civem tantum gratia atque opibus
valuisse, ut, cum sibi meritum triumphum inpetrasset, collegae eundem honorem inmeritum
inpudenter petenti daret; 33.23.3-8: adversum omnem senatum.
49 Val. Max. 3.5.1. Cf. Gruen (1995) 59– 69; Brennan (1996), esp. 325–327; Sumi (2005) 31;
Pittenger (2008) 44–47.
50 Livy 43.1.70. Longinus was censor seventeen years later in 154 BC (MRR I 449), though per-
haps because by that time, and with Macedon defeated, Longinus had calmed; according to Cic. de
Dom. 130, 136, as censor Longinus carefully consulted the pontifices about dedicating a statue and the
senate house to Concordia. Cf. Levick (1978) 220.
51 As Erich Gruen has wisely put it, it is impossible to reconcile the sources anyway, and more prof-
itable to consider the “broader implications.” Gruen (1995) 59, 74–78. On the evidentiary problems
surrounding the trials see Scullard (1951) 290–303, (1970) 224, 234; Schlag (1968) 162–174; Richard,
(1972) 43–46; Luce (1977) 92–104; Astin (1978) 59–72; Bauman (1983) 192–212; Develin (1985)
245–248; Vishnia (1996) 129–132; Briscoe (2008) 170–179.
32 Restraint, Conflict, and the Fall of the Roman Republic
52 Livy 38.50.8, 38.51.3-10, 38.52.4, 38.54.6, 38.59.7, 38.60.10; Val. Max. 8.1.damn.1.
53 Polyb. 23.14; Livy 28:38–2-4, 38.51-53, 38.56.1-8; Gell. 4.18, 6.19; Val. Max. 2.8.5, 5.2.3b; Dio
17.57.6.
Shame, Respect, and Deference 33
who were the proper “winners” in the competition. Because this process was so
critical to the competition, it therefore should not surprise these conflicts over
normative behavior were contentious for the Romans, and accordingly left his-
torical traces of both shame and praise, and sometimes of split reputations from
competing traditions (as of Appius or the Scipios) for laudatory traditionalism
and greatness along with damnable, undeferential superbia—a social process to
which we will return in greater detail in Chapters 3 and 5.54
But, as Matthew Roller has established, such tensions should not signal weak-
ness in a system of normative behavior. Rather, deviance and contestation can
strengthen a norm as a group evaluates an action and doles out praise or punish-
ment that cements the norm into place as a future exemplum. Indeed, sometimes
an incident of breach is the first time a norm is consciously considered, and then
nailed down definitively. The trials of the Scipios, for instance, posed the ques-
tion of how properly to allot social and economic capital amid the unprecedent-
edly enormous wars of the late third and early second centuries bc with their
concomitantly unprecedented opportunities for singular advancement. The
Scipios lost. The patrician Postumius treated his plebeian colleague with con-
tempt while a new normative rule in favor of consensus between social classes
was forming under his feet. He lost too. But with defeats came some solidification
of the norm: the haughty behavior toward plebeian nobiles for which Postumius
was reproved is conspicuous for its general absence afterward, while plausible
allegations of regnum in senatu all but disappeared from the Roman mental map
for decades to come. Thus these cases show a double tension—advancement
versus deferential restraint within a backdrop of untried circumstances—with
resolutions that were reasonably clear, if simplified in commemoration.55
At all events, these cases illustrate how the Romans thought they should resolve
such tensions: whether in a public trial or in a meeting of the curia, the peer
group’s main sanction was to appeal to the malfeasant’s verecundia and pudor,
and to threaten implicitly or explicitly his existimatio. And the method seemed
mostly to work. Actors gained invidia when they found themselves on the wrong
side of consensus about the norm, and we can gather that such behavior risked
lasting reputational consequences because incidents of total non-deference and
54 Cf. Cornell (2000) 84–85; Spielvogel (2004) 384; Oakley (2004) 21; Humm (2005) 643; Roller
(2018) 133. As Lundgreen (2011) 46 notes, disputes usually are between recognized legitimate prin-
ciples, because only such principles are worth fighting over.
55 Roller (2018) 9. Cf. Hölkeskamp (1993); Lundgreen (2011) 33– 37, 73, (2017) 28; Gabrielli
(2003) 254–255, 259.
34 Restraint, Conflict, and the Fall of the Roman Republic
56 Dion. Hal. 19.5.1–6; Dio 9.40.7; Val. Max. 2.2.5; MRR II 608; Palmer (1990) 13–16; Oakley
Develin (1985) 32; Vishnia (1996) 81–82; Oakley (1997–2008) III 436–437; Akar (2013) 99.
59 Livy 6.6.11–16.
60 Dio 21.70.9: τοιγαροῦν μόνος ἀνθρώπων ἢ καὶ μάλιστα διά τε ταῦτα καὶ διὰ τὴν μετριότητα τήν
τε ἐπιείκειαν οὔτε ὑπὸ τῶν ὁμοτίμων οὔθ᾿ ὑπό τινος ἐφθονήθη. ἴσος μὲν γὰρ τοῖς ὑποδεεστέροις,
οὐκ ἀμείνων δὲ τῶν ὁμοίων, ἀσθενέστερος δὲ τῶν μειζόνων ἀξιῶν εἶναι, κρείττων καὶ τοῦ φθόνου
τοῦ μόνου τοὺς ἀρίστους ἄνδρας λυμαινομένου ἐγένετο. For the gloss of μετριότης as moderatio,
see TLL 8 1205.
61 Dio 24.84.1: οὐκοῦν οὐδὲ τῶν ἀντιστασιωτῶν τις αὐτῷ θανόντι ἐφήσθη, ἀλλὰ καὶ ἐκεῖνοι,
καίπερ βαρύτατον αὐτόν σφισι νομίζοντες εἶναι, ἐπόθησαν: χρήσιμόν τε γὰρ πρὸς τὰ κοινὰ ἑώρων,
καὶ δεινὸν οὐδὲν οὐδ᾽ ἂν σφεῖς παθεῖν ἀπ᾽ αὐτοῦ.
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CHAPTER I.
HEALTH.
[Contents]
A.—LESSONS OF INSTINCT.
Man in his primitive state had his full share of those protective
instincts, which still manifest themselves in children and Nature-
guided savages. It is a mistake to suppose that the lowest of those
savages [19]are naturally fond of ardent spirits. The travelers Park,
Gerstaecker, Vambery, Kohl, De Tocqueville, and Brehm agree that
the first step on the road to ruin is always taken in deference to the
example of the admired superior race, if not in compliance with direct
persuasion. The negroes of the Senegal highlands shuddered at the
first taste of alcohol, but from a wish to conciliate the good will of
their visitors hesitated to decline their invitations, which
subsequently, indeed, became rather superfluous. The children of
the wilderness unhesitatingly prefer the hardships of a winter camp
to the atmospheric poisons of our tenement houses. Shamyl Ben
Haddin, the Circassian war chief, whose iron constitution had
endured the vicissitudes of thirty-four campaigns, pathetically
protested against the pest air of his Russian prison cell, and warned
his jailers that, unless his dormitory was changed, Heaven would
hold them responsible for the guilt of his suicide. I have known
country boys to step out into a shower of rain and sleet to escape
from the contaminated atmosphere of a city workshop, and after a
week’s work in a spinning mill return to the penury of their mountain
homes, rather than purchase dainties at the expense of their lungs.
[Contents]
B.—REWARDS OF CONFORMITY.
[Contents]
C.—PERVERSION.
D.—PENALTIES OF NEGLECT.
But the laws of Nature cannot be outraged with impunity, and the aid
of supernatural agencies has never yet protected our ghost-mongers
from the consequences of their sins against the monitions of their
physical conscience. The neglect of cleanliness avenges itself in
diseases which no prayer can avert; during the most filthful and
prayerful period of the Middle Ages, seven out of ten city-dwellers
were subject to scrofula of that especially malignant form that attacks
the glands and the arteries as well as the skin. Medical nostrums
and clerical hocus-pocus of the ordinary sort were, indeed, so
notoriously unavailing against that virulent affection that thousands
of sufferers took long journeys to try the efficacy of a king’s touch, as
recorded by the unanimous testimony of contemporary writers, as
well as in the still [27]current term of a sovereign remedy. A long foot-
journey, with its opportunities for physical exercise, outdoor camps,
and changes of diet, often really effected the desired result; but, on
their return to their reeking hovels, the convalescents experienced a
speedy relapse, and had either to repeat the wearisome journey or
resign themselves to the “mysterious dispensation” of a Providence
which obstinately refused to let miracles interfere with the normal
operation of the physiological laws recorded in the protests of
instinct. Stench, nausea, and sick-headaches might, indeed, have
enforced those protests upon the attention of the sufferers; but the
disciples of Antinaturalism had been taught to mistrust the
promptings of their natural desires, and to accept discomforts as
signs of divine favor, or, in extreme cases, to trust their abatement to
the intercession of the saints, rather than to the profane interference
of secular science.
The dungeon-life of the monastic maniacs, and the abject
submission to the nuisance of atmospheric impurities, avenged
themselves in the ravages of pulmonary consumption; the votaries of
dungeon-smells were taught the value of fresh air by the tortures of
an affliction from which only the removal of the cause could deliver a
victim, and millions of orthodox citizens died scores of years before
the attainment of a life-term which a seemingly inscrutable
dispensation of Heaven grants to the unbelieving savages of the
wilderness. The cheapest of all remedies, fresh air, surrounded them
in immeasurable abundance, craving admission and offering them
the [28]aid which Nature grants even to the lowliest of her creatures,
but a son of a miracle-working church had no concern with such
things, and was enjoined to rely on the efficacy of mystic
ceremonies: “If any man is sick among you, let him call for the elders
of the church, and let them pray over him, anointing him with oil in
the name of the Lord.” “And the prayer of faith shall cure the sick,
and the Lord shall raise him up.”
[Contents]
E.—REDEMPTION.
It has often been said that the physical regeneration of the human
race could be achieved without the aid of a miracle, if its systematic
pursuit were followed with half the zeal which our stock-breeders
bestow upon the rearing of their cows and horses. A general
observance of the most clearly recognized laws of health would,
indeed, abundantly suffice for that purpose. There is, for instance, no
doubt that the morbid tendency of our indoor modes of occupation
could be counteracted by gymnastics, and the trustees of our
education fund should build a gymnasium near every town school.
As a condition of health, pure air is as essential as pure water and
food, and no house-owner should be permitted to sow [31]the seeds
of deadly diseases by crowding his tenants into the back rooms of
unaired and unairable slum-prisons. New cities should be projected
on the plan of concentric rings of cottage suburbs (interspersed with
parks and gardens), instead of successive strata of tenement flats.
In every large town all friends of humanity should unite for the
enforcement of Sunday freedom, and spare no pains to brand the
Sabbath bigots as enemies of the human race. We should found
Sunday gardens, where our toil-worn fellow-citizens could enjoy their
holidays with outdoor sports and outdoor dances, free museums,
temperance drinks, healthy refreshments, collections of botanical
and zoölogical curiosities. Country excursions on the only leisure day
of the laboring classes should be as free as air and sunshine, and
every civilized community should have a Recreation League for the
promotion of that purpose.
Such text-books would prepare the way for health lectures, for health
legislation and the reform of municipal hygiene. The untruth that “a
man can not be defiled by things entering him from without” has
been thoroughly exploded by the lessons of science, and should no
longer excuse the neglect of that frugality which in the times of the
pagan republics formed the best safeguard of national vigor. Milk,
bread, and fruit, instead of greasy viands, alcohol, and narcotic
drinks, would soon modify the mortality statistics of our large cities,
and we should not hesitate to recognize the truth that the remarkable
[33]longevity of the Jews and Mohammedans has a great deal to do
with their dread of impure food.
[Contents]
CHAPTER II.
STRENGTH.
[Contents]
A.—LESSONS OF INSTINCT.
[Contents]
B.—REWARDS OF CONFORMITY.
The “survival of the fittest” means, in many important respects, the
survival of the strongest. In a state of nature weakly animals yield to
their stronger rivals; the stoutest lion, the swiftest tiger, has a
superior chance of obtaining prey; the stouter bulls of the herd defy
the attack of the wolves who overcome the resistance of the weaker
individuals; the fleetest deer has the best chance to escape the
pursuit of the hunter.