This paper explores the dynamics of women's public nudity in the early Roman empire, centering particularly on two festival occasions—the rites of Venus Verticordia and Fortuna Virilis on April 1, and the Floralia in late April—and on the respective social and spatial contexts of those festivals: the baths and the theater. In the early empire, these two social spaces regularly remove or complicate some of the markers that divide Roman women by sociosexual status. The festivals and the ritual nudity within (...) them focus attention on the negotiations of social boundaries within these spaces, and the occasions for cross-class identification among women they provide. (shrink)

That the extraordinary narrative experiment known as theSatyriconhas regularly stimulated scholarly investigation into the relationship between status and freedom is not surprising for a work, the longest surviving section of which features an excessive dinner party at the house of alibertus. Much of the discussion has concentrated on the depiction of the dinner's host and his freedmen friends. Following the lead of F. Zeitlin and others in seeing the depiction of a ‘freedmen's milieu’ in theCena, J. Bodel argued in a (...) seminal paper published twenty years ago that theCenaopens a window onto the ‘freedman's mentality’. The last ten years or so have seen a revival of the theme, with much emphasis on the display of an open society in theCena, even a Saturnalian world-view, based on a suspension or reversal of the traditional social hierarchies, all framed by a general air of excessive liberality: whatever satirical lens theSatyricon’s author is seen to have projected onto Trimalchio and his freedmen friends,theyare understood as celebrating ‘freedom's defining difference’. In the light of such a unifying conceptualization of theCena’s motley crew, it is not surprising that scholars have come to understand the libertine assemblage as a reflection of ‘the social class of the “freedmen” in first-centurya.d.Italy’. After all, ‘class’ can be defined as ‘a number of individuals (persons or things) possessing common attributes’, and, with specific regard to human society, as ‘a division of society according to status’. (shrink)

In this paper I reconsider the Roman law on magic through an examination of three key “moments”: the Lex Cornelia de sicariis et veneficiis; the trial of Apuleius as known from his Apology; and a passage from The Opinions of Paulus. I argue that the Roman law on magic grounded in the Lex Cornelia gradually shifted from a focus on harmful and uncanny actions to a concern with religious deviance. This shift was already underway at the time of Apuleius' trial, (...) if only on an ad hoc basis, and was firmly established in the formal discourse of Roman law by ca. 300 CE, the date of The Opinions of Paulus. I argue for the importance of retaining “magic” as a heuristic category, since it is the only term fluid enough to function as an inclusive rubric for this shifting set of concerns. (shrink)

The origins of tattooing are very ancient, and the modern fascination with the practice serves to remind us that it has been an enduring fixture in human history. Its functions are many and often overlap, but the particular focus here is on the tattoo as an aspect of punishment. Comparative evidence, however, is welcomed whenever it proves useful. This article first marshals and examines the late antique literary evidence extending from North Africa in the third century to Constantinople in the (...) ninth. Then that evidence is put in its legal context. From at least the time of Augustus, the penal tattoo, which was generally placed on the face or forehead, had been associated with degradation. Such remained the case in late antiquity, and it also becomes clear that the tattoo accompanied a sentence of exile and hard labor, usually in mines or quarries. The deeper meaning of the tattoo and its placement on the forehead is considered in the light of modern understandings. There follows a discussion of the actual form taken by the tattoo, which normally displayed the name of the crime, the name of the emperor, or the name of the punishment. Based on the available data, the last option appears to have been the most common penal tattoo in this period. Finally, the article hypothesizes that the Christians effected a transformation of the tattoo and subverted its original intent, so that, rather than being a sign of punishment, it became a sign of glory in which one could take pride. Thus the penal function, in some settings at least, was overtaken by a primarily religious one. (shrink)

Torture was formally abolished by European governments in the 19th century, and the actual practice of torture decreased as well during that period. In the 20th century, however, torture became much more common. None of the theories that explain the reduction of torture in the 19th century can explain its resurgence in the 20th. This article argues that the use of torture follows the same patterns in contemporary times as it has in earlier historical periods. Torture is most commonly used (...) against people who are not full members of a society, such as slaves, foreigners, prisoners of war, and members of racial, ethnic, and religious outsider groups. Torture is used less often against citizens, and is only used in cases of extremely serious crimes, such as treason. Two general 20th-century historical trends have caused torture to become more common. First, an increase in the number and severity of wars has caused an increase of torture against enemy guerrillas and partisans, prisoners of war, and conquered civilian populations. Second, changes in the nature of sovereignty have caused an expansion in the definition of acts constituting treason. (shrink)

This paper investigates the application of the legal stigma of infamia in Late Antiquity. The legal status is used as a lens through which to view the changing systemic, religious, and social landscapes between the reigns of Diocletian and Justinian, indicating the various uses and, ultimately, abuses of the status, as well as the marked consequences of expanding its definition. The use of the legal status to marginalize religious deviants in particular is inspected. This analysis reveals that the amendment of (...) infamia to include heretics, apostates, and pagans signals the use of classical law to define orthodoxy and to articulate the anxiety over the pagan-Christian religious transition. The unforeseen consequences of infamia's expansion were the abetment of violence in the fourth and fifth centuries. Moreover, the disqualification of religious deviants from serving on curial councils had a noticeable impact on some municipalities in the later empire, and may have created a loophole with which to avoid curial service altogether. (shrink)

The absorption of the Greek world into the Roman empire created intellectual problems on several levels. In the first instance, Greek confidence in the superiority of Hellenic culture made explanations for the swiftness of Roman conquest all the more necessary. In accounting for Rome's success, Greeks focused on the structure and character of the Roman state, on Roman attitudes towards citizenship, and on the nature of the Roman constitution. Greeks initially attempted to understand Roman institutions and beliefs by assimilating them (...) to paradigms within Hellenistic political thought. On the one hand, this process tended to obscure substantial differences between Greek and Roman political theory. At the same time, appreciation of Rome's relations with Italy created a means through which Greeks could imagine their own integration into the Roman community. Among the conceptual models available to Greeks of this age, only the polis provided a paradigm for a collectivity in which individuals had equal rights and toward which they directed their patriotic sentiments. That Roman Italy was not a polis did not force the coinage of new terminology: the polis formed a conceptual boundary that Hellenistic political philosophy never truly escaped. Repeated construals of Roman ideas and institutions on analogy with polis-based models ultimately forced a shift in the semantic fields of Greek political terminology and altered Greeks' conceptual archetype of the political collectivity. This process provided a framework within which Greeks could justify their wholesale participation in imperial culture and political life: they could, on these terms, argue that the gradual evolution of the world toward a single, unified empire actualized man's natural tendency to center his life around a single polis. (shrink)