PhD lecture reviewing current studies on the adversarial or inquisitorial System in the criminal ... more PhD lecture reviewing current studies on the adversarial or inquisitorial System in the criminal trial in Late Antiquity.
The Civilian Legacy of the Roman Army (L. Loschiavo ed.), 2024
The Roman army represented an important social and organizational reference model for the Romano-... more The Roman army represented an important social and organizational reference model for the Romano-Barbarian societies, which progressively replaced the Western Empire in the transition from Late Antiquity to Early Middle Ages. The great flexibility of the decision-making and organizational solutions used by the Roman army allowed the 'new lords' to readapt them and thus maintain power in early medieval Europe for a long time. From a perspective ranging from political, social and economic history to law, anthropology, and linguistic, this book demonstrates how interesting and fruitful the investigation of this specific cultural imprint can be in order to gain a better understanding of the origins of the civilization that arouse after the fall of the Roman world.
ANTOLOGIA DEL DIGESTO GIUSTINIANEO. SCRITTI IN RICORDO DI GIOVANNI NEGRI (a cura di L. Maganzani), 2023
The formula “cum casu magis quam culpa videretur factum”, used by
Alfenus Varus (2 dig.) in D. 9.... more The formula “cum casu magis quam culpa videretur factum”, used by Alfenus Varus (2 dig.) in D. 9.2.52.4 to solve a case about Aquilian liability, is a hapax in the whole corpus of Roman jurisprudence. It seems to be employed only by Marcianus (through the substitution of culpa with voluntas) in his much later 14th book of the Institutiones (D. 48.8.1.3) on the subject of a killing that occurred during a brawl, probably by taking into consideration the analogy between the two cases. In fact, both cases deal with a conduct causing a harmful event, which cannot be qualified as unlawful – although it is voluntary –, on account of the “insufficiency” of the subjective element, as required by the statutory provision and the interpretatio prudentium ex lege Cornelia de sicariis and ex lege Aquilia.
After a closer examination of the rhetorical ‘system’ of motiva-
tions for bringing an accusation... more After a closer examination of the rhetorical ‘system’ of motiva- tions for bringing an accusation (causae accusationis) in the standing courts (publica iudicia) of the Republican age, this contribution aims to demonstrate that there is no equivalence between reward-related motivations (praemii causa) and those related to personal interests in the accusation, and that there is no causal connection between these and the crime of malicious prosecution (crimen calumniae).
The subject of this paper is the evolution and nature of decimation, a typical capital punishment... more The subject of this paper is the evolution and nature of decimation, a typical capital punishment in Roman military system. Decimation is a ‘collective’ penalty, because it expresses the solidarity that binds together as one all members of the military unit which is guilty of cowardice or desertion. Since such conducts are in themselves detrimental to the oath sworn by each soldier to his military commander and to his comrades, it can be assumed that the death penalty (collective or individual) that applies in such cases is to be placed in the area of punishments with a ‘sacral’ character, and therefore does not allow the offender access to the provocatio ad populum.
PhD lecture reviewing current studies on the adversarial or inquisitorial System in the criminal ... more PhD lecture reviewing current studies on the adversarial or inquisitorial System in the criminal trial in Late Antiquity.
The Civilian Legacy of the Roman Army (L. Loschiavo ed.), 2024
The Roman army represented an important social and organizational reference model for the Romano-... more The Roman army represented an important social and organizational reference model for the Romano-Barbarian societies, which progressively replaced the Western Empire in the transition from Late Antiquity to Early Middle Ages. The great flexibility of the decision-making and organizational solutions used by the Roman army allowed the 'new lords' to readapt them and thus maintain power in early medieval Europe for a long time. From a perspective ranging from political, social and economic history to law, anthropology, and linguistic, this book demonstrates how interesting and fruitful the investigation of this specific cultural imprint can be in order to gain a better understanding of the origins of the civilization that arouse after the fall of the Roman world.
ANTOLOGIA DEL DIGESTO GIUSTINIANEO. SCRITTI IN RICORDO DI GIOVANNI NEGRI (a cura di L. Maganzani), 2023
The formula “cum casu magis quam culpa videretur factum”, used by
Alfenus Varus (2 dig.) in D. 9.... more The formula “cum casu magis quam culpa videretur factum”, used by Alfenus Varus (2 dig.) in D. 9.2.52.4 to solve a case about Aquilian liability, is a hapax in the whole corpus of Roman jurisprudence. It seems to be employed only by Marcianus (through the substitution of culpa with voluntas) in his much later 14th book of the Institutiones (D. 48.8.1.3) on the subject of a killing that occurred during a brawl, probably by taking into consideration the analogy between the two cases. In fact, both cases deal with a conduct causing a harmful event, which cannot be qualified as unlawful – although it is voluntary –, on account of the “insufficiency” of the subjective element, as required by the statutory provision and the interpretatio prudentium ex lege Cornelia de sicariis and ex lege Aquilia.
After a closer examination of the rhetorical ‘system’ of motiva-
tions for bringing an accusation... more After a closer examination of the rhetorical ‘system’ of motiva- tions for bringing an accusation (causae accusationis) in the standing courts (publica iudicia) of the Republican age, this contribution aims to demonstrate that there is no equivalence between reward-related motivations (praemii causa) and those related to personal interests in the accusation, and that there is no causal connection between these and the crime of malicious prosecution (crimen calumniae).
The subject of this paper is the evolution and nature of decimation, a typical capital punishment... more The subject of this paper is the evolution and nature of decimation, a typical capital punishment in Roman military system. Decimation is a ‘collective’ penalty, because it expresses the solidarity that binds together as one all members of the military unit which is guilty of cowardice or desertion. Since such conducts are in themselves detrimental to the oath sworn by each soldier to his military commander and to his comrades, it can be assumed that the death penalty (collective or individual) that applies in such cases is to be placed in the area of punishments with a ‘sacral’ character, and therefore does not allow the offender access to the provocatio ad populum.
The Roman army represented an important social and organizational reference model for the Romano-... more The Roman army represented an important social and organizational reference model for the Romano-Barbarian societies, which progressively replaced the Western Empire in the transition from Late Antiquity to Early Middle Ages. The great flexibility of the decision-making and organizational solutions used by the Roman army allowed the 'new lords' to readapt them and thus maintain power in early medieval Europe for a long time. From a perspective ranging from political, social and economic history to law, anthropology, and linguistic, this book demonstrates how interesting and fruitful the investigation of this specific cultural imprint can be in order to gain a better understanding of the origins of the civilization that arouse after the fall of the Roman world.
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Papers by Fabio Botta
Alfenus Varus (2 dig.) in D. 9.2.52.4 to solve a case about Aquilian liability, is
a hapax in the whole corpus of Roman jurisprudence. It seems to be employed
only by Marcianus (through the substitution of culpa with voluntas) in
his much later 14th book of the Institutiones (D. 48.8.1.3) on the subject of a
killing that occurred during a brawl, probably by taking into consideration
the analogy between the two cases. In fact, both cases deal with a conduct
causing a harmful event, which cannot be qualified as unlawful – although it
is voluntary –, on account of the “insufficiency” of the subjective element, as
required by the statutory provision and the interpretatio prudentium ex lege
Cornelia de sicariis and ex lege Aquilia.
tions for bringing an accusation (causae accusationis) in the standing
courts (publica iudicia) of the Republican age, this contribution aims
to demonstrate that there is no equivalence between reward-related
motivations (praemii causa) and those related to personal interests
in the accusation, and that there is no causal connection between
these and the crime of malicious prosecution (crimen calumniae).
Alfenus Varus (2 dig.) in D. 9.2.52.4 to solve a case about Aquilian liability, is
a hapax in the whole corpus of Roman jurisprudence. It seems to be employed
only by Marcianus (through the substitution of culpa with voluntas) in
his much later 14th book of the Institutiones (D. 48.8.1.3) on the subject of a
killing that occurred during a brawl, probably by taking into consideration
the analogy between the two cases. In fact, both cases deal with a conduct
causing a harmful event, which cannot be qualified as unlawful – although it
is voluntary –, on account of the “insufficiency” of the subjective element, as
required by the statutory provision and the interpretatio prudentium ex lege
Cornelia de sicariis and ex lege Aquilia.
tions for bringing an accusation (causae accusationis) in the standing
courts (publica iudicia) of the Republican age, this contribution aims
to demonstrate that there is no equivalence between reward-related
motivations (praemii causa) and those related to personal interests
in the accusation, and that there is no causal connection between
these and the crime of malicious prosecution (crimen calumniae).