Tiberius, Imperial Detective
atlasobscura.com
atlasobscura.com
> The stories are told in first-person form by Senator Decius Caecilius Metellus the Younger (born c 90-95 BC), nephew of Metellus Pius and member of the powerful Caecilius Metellus family of the Roman Senate. The stories are told in flashback-form by the old Decius, writing during the reign of Augustus Caesar. The stories range from 70 BC (The King's Gambit) to 20 BC ("The King of Sacrifices").
* https://en.wikipedia.org/wiki/SPQR_series
For non-fiction, see Infamy: The Crimes of Ancient Rome by Jerry Toner:
> Join the historian Jerry Toner on a detective's hunt to discover the extent of Rome's crimes. From the sexual peccadillos of Tiberius and Nero to the chances of getting burgled if you left your apartment unguarded (pretty high, especially if the walls were thin enough to knock through) he leaves no stone unturned in his quest to bring the Eternal City to book.
I mean in a sense of not letting modern issues, tastes and sensibilities leak into the classical (un-romantic) callous, deeply rustic, mindset barely dented by urban sophistication in large cities.
Steven saylor’s “Gordianus, the finder” series.
Tho this is likely completely fictional except incidental details of the setting in Rome just pre AD.
I love reading things like this. Its a good reminder that things we think are common sense (like the government being involved in murder but not in legislating how much jewelry a girl can wear) are not necessarily so. They are very much cultural based. And these are both human cultures. What would an alien culture think is common sense?
First, I think the word "culture" is extremely loaded and ambiguous, and stereotypes great masses of individuals each with their own opinions, and to make static things that constantly change. But that said, whatever it is, it exists somehow.
IMHO this relativism argument - that it's nothing more than local 'culture' - is greatly overstated. The evidence is that individual liberty is a principle embraced by people almost every place that they have had the choice: The U.S., almost every country in Europe, Japan, China (where they have a choice - in Taiwan, in Hong Kong until very recently, and in Tienanmen Square in 1989 - they strongly advocate for it), Korea, India, almost every country in Latin America, Tunisia, Syria (where they had a choice), Benin, Botswana, etc. etc. In addition, people risk their lives to travel from repressive countries without traditions of liberty to free countries and they strongly embrace the freedom. My ancestors did. Finally, you don't see people migrating the other way.
(I don't see how speculating on unknown, non-human, intelligent lifeforms informs the discussion.)
Eventually it would be extended to homicide outside one's family (Lex Cornelia de sicariis et veneficis), but as the GP says the article confuses things a bit between the state not being involved at all, and a lack of investigation.
I think murder was just like anything else in that regard, meaning that the state would not prosecute any crimes on its own without someone going to court in the first place. But that was also the case for the jewellery example, or anything else: if nobody complained about it, the state did not have a police force looking out for these things and the crime would go unpunished.
In roman times, if someone killed your cousin you could go to court and it would mostly end there. After the collapse, if someone killed your cousin your family had the right to kill someone of "equal value" from the family of the killer. Aside from the brutality and senseless violence (as seen from us today), the biggest problem was that people disagreed on "equal value", resulting in a feud, i.e. an escalation of revenge because each party felt that the other side's killing was way more than warranted to make things even.
So the states (starting from the early barbarian kingdoms) would encourage the family of the killed to accept a monetary payment to avoid the murders to spiral out of control. See https://en.wikipedia.org/wiki/Weregild. I think the concepts of feud and weregild did not even exist in the roman world.
But you are right that for a long time you still had the right for revenge, until eventually it was fully phased out. A bit like the transition between the gold standard and fiat currency.
The article related to this post mentions that in Rome, working out monetary compensation for the life of a family member was a common practice. It's not a uniquely germanic-in-origin practice.
Whereas in the barbarian kingdoms and later on, all murders were initially a private matter and people retained the right to kill someone back (not necessarily the killer) unless they opted for the compensation. If this specific case happened after the fall of the empire, probably the father would have just killed the husband back instead of seeking government involvement. And probably the husband's family would have not thought it fair and either seek compensation or kill another member of the wife's family.
Either way, I'm glad things have changed since then!
See The Medieval Origins of the Legal Profession by Brundage:
> In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe 700 years later during the 1230s, when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. This book traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, the book argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. The book demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. It also examines the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict.
* https://chicago.universitypressscholarship.com/view/10.7208/...
* https://utpress.utexas.edu/books/perlman-ancient-greek-law-i...
From the little I know about Islamic jurisprudence, specifically through the works of Toby Huff,[1] the tribunals were more 'private' and the rulings were done more by something that we'd call arbitration, and 'case files' would remain in the judge's/arbitrator's possession.
About the same time Plautius Silvanus, the praetor, for unknown reasons, threw his wife Apronia out of a window. When summoned before the emperor by Lucius Apronius, his father-in-law, he replied incoherently, representing that he was in a sound sleep and consequently knew nothing, and that his wife had chosen to destroy herself. Without a moment's delay Tiberius went to the house and inspected the chamber, where were seen the marks of her struggling and of her forcible ejection. He reported this to the Senate, and as soon as judges had been appointed, Urgulania, the grandmother of Silvanus, sent her grandson a dagger. This was thought equivalent to a hint from the emperor, because of the known intimacy between Augusta and Urgulania. The accused tried the steel in vain, and then allowed his veins to be opened. Shortly afterwards Numantina, his former wife, was charged with having caused her husband's insanity by magical incantations and potions, but she was acquitted.
Bear in mind that this was written 80 years or so after the event, so it's at least third-hand.
https://crimereads.com/the-invention-of-murder-how-the-ancie...
But then, you still have quite large areas on this planet with a state and codified law, but de facto pre-state legal structures. So called failed states, tribal clan jurisdiction, gang, mafia and insurgent organisations that are or were the law in, for example, southern Italy, the IRA in northern Ireland back than or more 'lawless' slums on this planet like the favelas in south America. And so on.
There are reasons, it took some time, a few thousand years at least, for large parts of the population to realize that following abstract laws by everyone is an advantage and that more, how should I put it, federalist approaches can be insufficient. Human rights are an achievement not a given.