By Caroline Humfress
ISBN-10: 0198208413
ISBN-13: 9780198208419
This publication methods the topic of past due Roman legislations from the point of view of criminal perform printed in court strategies, in addition to extra "informal" varieties of dispute payment. From at the very least the early fourth century, prime bishops, ecclesiastics, and Christian polemicists participated in a colourful tradition of forensic argument, with far-reaching results on theological debate, the advance of ecclesiastical authority, and the elaboration of early "Canon law." essentially the most leading edge elements of past due Roman legislations used to be the production and alertness of latest felony different types utilized in the prosecution of "heretics." best Christian polemicists not just used concepts of argument learnt within the past due Roman rhetorical faculties to assist place the Church in the constitution of Empire, but additionally used these ideas in instances regarding accusations opposed to "heretics" -- therefore defining and constructing the concept that of Christian orthodoxy itself.
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Extra info for Orthodoxy and the Courts in Late Antiquity
Example text
105–49, Plato, Gorgias 463b, and possibly Cicero, De Republica in the ‘excursus on advocates’. Ammianus had also undoubtedly read Cicero’s De Oratore. ⁴² S. Riccobono, ‘La prassi nel periodo post-classico’, Atti del Congresso internazionale di diritto romano, 1 (1934), 317–50, at 321. See also S. Riccobono, ‘Fasi e fattori dell’evoluzione del diritto romano’, Mélanges de droit Romain dédiés George Cornil, ii (Vanderpoorten, Gand, and Paris: Sirey, 1926), 238–381. 22 Forensic Practitioners and Late Roman Law entering (once again) into the great debate over ‘interpolation-hunting’: the hunt to identify post-classical revisions in classical juristic texts, with the aim of restoring the latter to their original state.
In other words, in Augustine’s account, the religious sentiments of the virgin’s brother did not prevent him from exacting his own revenge on the guilty party. Augustine is here seeking to score a polemical point against the Manichaean religio itself, by framing its adherents as both morally lax (the elect manichee) and hypocritical (the virgin’s brother); for our purposes, however, it is enough to note that in Augustine’s story the virgin’s brother had a potential case at Roman law, but he chose rather to exact justice through a mixture of religious sanction and summary violence.
As we shall see, especially in papyrological reports of ‘lower level’ court proceedings, pleading a case successfully did not necessarily demand a familiarity with the complex subtleties of juristic reasoning. Teachers of late Roman rhetoric (including Libanius) were well aware that advocates needed a basic legal framework to operate within—as did any Roman citizen who owned property, made gifts, swore oaths or contracts, or had any kinds of dealings that touched upon the civil law. ¹⁹ With an echo once again of the Ciceronian debate, a fifth-century Latin handbook on the art of rhetoric advises future advocates that: ‘The study of the civil law is not to be passed over; nor however should it be pursued in any depth.