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Crime and Punishment of Ancient Rome and Greece
Maitt Saiwyer
101 episodes
5 days ago
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History
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Episodes (20/101)
Crime and Punishment of Ancient Rome and Greece
Episode 100 - The Enduring Echo of the Law
Our journey through a century of episodes comes to its conclusion. We have walked the dusty streets of Athens and the marble forums of Rome, witnessing famous trials, brutal punishments, and the birth of legal science. In this final episode, we reflect on the immense and enduring echo of classical law in our own time. We trace the threads of this legacy through the ages: the survival of Roman law in Justinian's Code, its revolutionary rediscovery in medieval Italy, and its role in shaping the Napoleonic Code and the civil law systems that govern half the modern world. We also reflect on the Greek legacy: the ideals of trial by jury, the value of civic participation, and the philosophical quest for the nature of justice itself. We revisit the key themes of the series: the rule of law, the rights of the citizen, and the eternal tension between law and liberty. The language we use in our courts, the institutions we trust to protect us, and the rights we cherish as fundamental are all deeply indebted to the legal worlds of Greece and Rome. Their struggles and achievements are not just relics of the distant past; they are woven into the very fabric of our present. Thank you for joining us on this epic journey through the crime and punishment of the ancient world.
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1 month ago
26 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 99 - Athens vs. Rome: A Tale of Two Legal Systems
For nearly 100 episodes, we have explored the legal worlds of Athens and Rome. These two civilizations represent two different, powerful models of justice, each a reflection of its unique political soul. This episode puts them head-to-head in a final comparison of their strengths, weaknesses, and enduring legacies. We contrast the Athenian system, with its emphasis on direct democracy, amateur citizen jurors, and the supremacy of rhetorical persuasion, against the Roman system, which valued professionalism, legal science, and the authority of expert jurists. We weigh the passionate, participatory justice of Athens against the systematic, hierarchical justice of Rome. We discuss their different approaches to everything from the role of a judge to the development of legal principles. Which system was "better"? The answer is complex, as each was intricately woven into the fabric of its society. Rome's legacy in specific legal doctrines is more direct and widespread, but Athens's contribution to the very idea of democratic justice is just as profound. Together, they form the twin pillars on which the entire Western legal tradition is built.
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1 month ago
23 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 98 - The Art of Punishment
Throughout this series, we have explored a vast and often gruesome array of ancient punishments. From the Athenian cup of hemlock to the Roman cross, the methods used to punish criminals were designed not just to inflict pain, but to send a powerful social and political message. The form of the punishment was a crucial part of its meaning. This episode is a comparative look at the philosophy and practice of punishment in Greece and Rome. We analyze the different goals of punishment: deterrence, retribution, and in some philosophical views, even reform. We contrast the Greek preference for exile and fines with the Roman taste for brutal, spectacular public executions. We discuss how the severity and type of punishment were almost always tied to the social status of the offender. The ways in which a society chooses to punish its members reveal its deepest values, fears, and power structures. The art of punishment in the classical world was a carefully calibrated performance of justice, designed to uphold the social order and reinforce the authority of the state.
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1 month ago
20 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 97 - Cicero the Lawyer
No single figure embodies the ideals and the practice of Roman law more than Marcus Tullius Cicero. He was not only a brilliant jurist and philosopher of law but also the greatest courtroom advocate Rome ever produced. His career offers a perfect lens through which to view the crime, politics, and justice of the late Republic. This episode puts Cicero's legal career on the stand. We revisit some of his most famous cases, from his early, courageous defense of Sextus Roscius against a corrupt favorite of the dictator Sulla, to his masterful prosecution of the corrupt governor Verres. We analyze his legal strategies, his unmatched rhetorical skill, and his powerful, if sometimes flexible, commitment to the rule of law. Cicero’s speeches are our single best source for understanding how Roman courts actually worked. Cicero's life was a testament to the idea that a mastery of the law was the highest calling of a Roman citizen. Though he ultimately failed to save the Republic he loved, his life's work as a lawyer, statesman, and philosopher made him the most influential voice in the history of Roman law.
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1 month ago
23 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 96 - Christianity and the Transformation of Roman Law
The rise of Christianity in the 4th century CE set in motion a profound transformation of the Roman legal world. As the empire became officially Christian, new moral and ethical concerns began to reshape the law. The legal system slowly started to reflect the values of the new state religion. This episode traces the impact of Christianity on late Roman law. We examine how emperors like Constantine and Theodosius passed laws that promoted the Church, restricted pagan practices, and targeted heretics. We explore the changes in family law, where divorce became more difficult and the authority of the paterfamilias was further curtailed in favor of a new emphasis on the individual's soul. We also look at the growing legal authority of bishops, who began to operate their own ecclesiastical courts. The Christianization of the empire marked the beginning of the end for the purely classical legal tradition. It infused Roman law with a new moral vocabulary and a new set of priorities. This period represents the final, transformative phase of Roman law, creating the legal world of late antiquity that would be inherited by the Byzantine Empire and the medieval West.
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1 month ago
29 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 95 - The Legacy of the Jurists
While emperors and armies are often the focus of Roman history, one of the empire's most enduring legacies was created by a small group of brilliant legal scholars: the jurists. Figures like Gaius, Ulpian, Papinian, and Paulus were the true architects of Roman law as a science. Their methodical analysis and lucid writings elevated Roman law to a level of sophistication unmatched in the ancient world. This episode celebrates the intellectual achievement of the Roman jurists. We explore their key role in interpreting statutes, advising magistrates, and developing the core principles of private law. It was the jurists who created the clear categories and precise definitions that made Roman law so logical and adaptable. Their work was an unparalleled feat of systematic thought. The influence of the jurists is immeasurable. Their opinions were collected in Justinian's Digest and became the foundation for the medieval revival of Roman law. Through that revival, their rational, systematic approach to law became the dominant model for the legal systems of continental Europe and beyond. The jurists are the intellectual giants on whose shoulders modern lawyers still stand.
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1 month ago
33 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 94 - The Crime of Slander
In the small, face-to-face societies of the ancient world, a person's reputation was their most valuable asset. A false accusation or a vicious rumor could be devastating. Both Greek and Roman law developed legal actions to combat slander and defamation. This episode investigates the laws against verbal injury. In Athens, the dike kakegorias was a private lawsuit a citizen could bring against someone for using specific, prohibited words, such as calling them a murderer or a shield-thrower in battle. In Rome, as we've seen, slander was covered by the broad concept of iniuria. We look at how these laws were used in the cutthroat world of politics, where smearing an opponent's character was a standard tactic. The laws against slander reveal the immense importance of honor in classical society. They also highlight a fundamental legal problem: how to balance the protection of an individual's reputation with the right to free speech. The struggles of the ancient courts to navigate this issue are remarkably similar to the challenges faced by our own legal systems today.
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1 month ago
25 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 93 - The Greek Arbitrator
While the Athenians were famously litigious, they also recognized that a formal public trial was not always the best way to resolve a dispute. For many private conflicts, they turned to arbitration. Arbitration was a less formal, less costly, and often faster way to find a just resolution, and it was a deeply embedded part of the Athenian legal culture. This episode explores the ancient practice of arbitration. We distinguish between private arbitration, where the two parties would agree on a trusted individual to be their judge, and public arbitration, a mandatory first step for most private lawsuits in 4th-century Athens. We examine the duties of the public arbitrators—citizens over the age of 59—who would hear the evidence and propose a settlement. If either party rejected the arbitrator's decision, the case would then proceed to a jury trial. Arbitration was a crucial element of the Athenian justice system, helping to filter out cases and encourage peaceful settlement. It shows a legal culture that, for all its love of courtroom drama, also valued compromise and mediation. It was a pragmatic recognition that not every dispute required a massive public spectacle.
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1 month ago
24 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 92 - The Law in the Roman Family
The Roman family, or familia, was the fundamental building block of the state, and the law took a deep and abiding interest in its structure and continuity. The legal power of the paterfamilias was immense, but Roman law also developed sophisticated rules for other key family matters, most notably adoption and emancipation. This episode enters the Roman household to examine its legal framework. We explore the practice of adoption, which was a crucial tool for the Roman elite, used not to provide a home for a child but to ensure a male heir to continue the family name and inherit the estate. We also investigate emancipation, the formal legal act by which a paterfamilias could voluntarily release a son from his authority, making him legally independent. These laws show that the Roman family was as much a legal and economic unit as it was a social one. The ability to legally create and dissolve the bonds of paternal power provided the flexibility that the Roman aristocracy needed to navigate the treacherous worlds of politics and inheritance.
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1 month ago
26 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 91 - The Revival of Roman Law
For centuries after the fall of the empire, the sophisticated legal science of the Roman jurists was largely lost to Western Europe. But in the 11th century, a momentous rediscovery took place in the Italian city of Bologna: a complete manuscript of Justinian's Digest. This rediscovery would ignite an intellectual revolution that would transform the legal landscape of Europe. This episode chronicles the great medieval revival of Roman law. We explore how the University of Bologna became the first great center for legal studies, attracting students from all over the continent. We examine the work of the "Glossators," the scholars who painstakingly studied and annotated the text of the Digest, reintroducing the forgotten concepts of Roman jurisprudence to a new generation. The revival of Roman law provided medieval Europe with a sophisticated legal framework that was desperately needed to support growing commerce and more centralized states. It was a pivotal moment in Western history that reconnected the modern world with the legal genius of ancient Rome. This intellectual rebirth laid the groundwork for the development of all modern civil law systems.
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1 month ago
34 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 90 - The Law of the Barbarian Kingdoms
What happened to Roman law in the West after the empire fell in the 5th century CE? The Germanic tribes that carved out new kingdoms on Roman soil—the Visigoths, the Franks, the Lombards—brought their own customary laws with them. This led to the creation of fascinating hybrid legal codes that blended Germanic tradition with the lingering prestige of Roman law. This episode crosses the frontier into the world of the early medieval "barbarian" law codes. We explore the principle of "personality of the law," where a person was judged by the law of their own people, meaning a Goth and a Roman living in the same town would be subject to different legal systems. We examine the content of these codes, with their emphasis on monetary compensation (wergild) for physical injury and their use of trial by ordeal. These law codes represent a crucial moment of transition between the classical and medieval worlds. They show the fragmentation of the universal Roman legal system but also its remarkable persistence. In their own way, the barbarian kingdoms became the unlikely custodians of a simplified but living Roman legal tradition.
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1 month ago
32 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 89 - The Crime of Magic
In a world where the supernatural was considered an everyday reality, the practice of magic was a source of deep anxiety and a subject for legal action. Both Greeks and Romans had laws that targeted what they considered to be harmful magic, or "black magic." This could include everything from casting a curse to creating love potions or using spells to harm a neighbor's crops. This episode casts a spellbinding look at the prosecution of magic in the ancient world. In Athens, magicians could be tried for impiety. In Rome, the Twelve Tables contained laws against charming away crops, and later laws under the empire made divination and astrology capital crimes if they could be interpreted as treasonous. We explore real accounts of magic trials, which often involved accusations of poisoning and other dark deeds. The laws against magic reveal the fears and superstitions that lay just beneath the surface of these rational societies. They show how the legal system was used to police the boundaries between acceptable religious ritual and dangerous, illicit supernatural practices. This is a journey into the dark and mysterious side of classical law.
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1 month ago
32 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 88 - The Rhodian Sea Law
In the chaotic world of ancient maritime trade, a common set of rules was needed to govern disputes on the high seas. The most influential and respected of these was the Rhodian Sea Law. Originating from the great naval and commercial power of Rhodes, this code provided a legal framework for everything from jettisoned cargo to piracy and partnerships in shipping ventures. This episode hoists the sail on ancient maritime law. While the original Rhodian code is lost, we explore its principles as they were preserved and incorporated into later Roman and Byzantine legal texts. We examine its most famous concept: the law of "general average," which dictated that if cargo was thrown overboard to save a ship in a storm, the loss would be shared proportionally by all the merchants who had goods on board. The Rhodian Sea Law is a remarkable example of early international commercial law. It was so practical and fair that its principles were adopted throughout the Mediterranean and remained the basis for maritime law for over a thousand years. It demonstrates how the practical needs of commerce can create a legal system that transcends borders.
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1 month ago
28 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 87 - Crime and Comedy in Aristophanes
Not all of our evidence for ancient law comes from formal statutes and courtroom speeches. The comedies of the Athenian playwright Aristophanes are a treasure trove of information about the legal system, filled with biting satire of courts, lawyers, and the litigious nature of his fellow citizens. His plays show us how ordinary people experienced and complained about the law. This episode looks at Athenian justice through the funhouse mirror of Old Comedy. We analyze plays like The Wasps, which lampoons the citizens' obsession with jury duty, and The Clouds, which satirizes the rhetorical tricks taught by the Sophists to win unjust lawsuits. Aristophanes presents a world of corrupt oracles, vexatious sycophants, and legal arguments that twist logic into absurdity. While exaggerated for comic effect, Aristophanes's plays reveal the popular anxieties and frustrations with the Athenian legal system. They provide a lively, street-level counterpoint to the idealized visions of the philosophers and statesmen. This is a hilarious and insightful look at the crime and punishment of every day Athens.
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1 month ago
20 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 86 - The Oracle at Delphi and the Law
In the Greek world, there was no higher legal or religious authority than the Oracle of Apollo at Delphi. City-states and individuals from all over the Mediterranean would make the pilgrimage to Delphi to ask the god for guidance on matters of law, war, and justice. The Oracle's cryptic pronouncements could be used to justify new law codes, settle constitutional disputes, and sanction acts of war. This episode examines the unique role of the Delphic Oracle as a supreme court for the Greek world. We explore historical examples of lawgivers, like Lycurgus of Sparta and Solon of Athens, who sought the Oracle's sanction to give their laws divine authority. We look at how cities would consult the Oracle to determine how to purify themselves from the religious pollution of a murder. The god's word was a powerful tool for resolving otherwise intractable legal and political conflicts. The Oracle at Delphi acted as a stabilizing force in the fragmented world of the Greek city-states. It provided a shared, sacred authority that could legitimize laws and mediate disputes. It represents the ultimate fusion of law and religion in ancient Greece, a place where divine will was translated directly into legal principle.
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1 month ago
27 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 85 - The Quaestor's Court: Rome's Murder Trials
In the Roman Republic, the investigation and prosecution of the most serious crimes, particularly murder (parricidium in its broadest sense), fell to junior magistrates known as Quaestors. These ambitious young men, at the start of their political careers, presided over the quaestiones perpetuae, the standing courts that handled major criminal cases. The Quaestor's court was the primary venue for murder trials in Rome. This episode reconstructs the procedure of a Roman murder trial. We follow the process from the initial accusation, which had to be brought by a private citizen, through the Quaestor's investigation and empaneling of a large jury of senators and equestrians. We explore the types of evidence presented, which relied heavily on witness testimony and circumstantial arguments rather than physical proof. The trial was a dramatic public contest between the rhetoric of the accuser and the defender. The Roman murder court reveals a system that was both sophisticated and deeply political. The reliance on private prosecution and the use of juries drawn from the elite classes meant that justice was often influenced by a defendant's social standing and connections. This exploration takes us to the heart of Rome’s criminal justice system in action.
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1 month ago
32 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 84 - The Laws of War
Even in the brutal world of ancient warfare, both Greeks and Romans recognized an unwritten set of customs and nascent laws that governed their conflicts. This was a rudimentary form of international law, covering everything from the formal declaration of war to the treatment of prisoners and the sanctity of ambassadors. Violating these norms was not just a strategic error but often a religious offense. This episode investigates the ancient laws of armed conflict. We explore the Greek customs surrounding the recovery of the dead for burial after a battle and the Roman religious rituals performed by the Fetial priests to ensure a "just war." We examine the different legal statuses of prisoners: some were ransomed, some were exchanged, and many more were enslaved. We also discuss the absolute legal protection afforded to heralds and ambassadors. While these rules were often broken, their very existence demonstrates an attempt to impose a degree of order and morality on the chaos of war. They represent the earliest efforts to create an international community governed by shared principles. These customs were the distant ancestors of the modern Geneva Conventions.
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1 month ago
28 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 83 - Cicero's De Legibus: On the Nature of Law
Having explored the ideal state in De re publica, the great Roman statesman and lawyer Cicero turned his attention to its legal foundation in his dialogue De Legibus (On the Laws). In this work, Cicero sets out to draft the perfect legal code for an ideal republic. More importantly, he gives his most complete defense of the idea that true law is rooted not in utility or power, but in natural reason. This episode delves into Cicero’s mature legal philosophy, a masterful synthesis of Roman legal tradition and Greek Stoic thought. We analyze his famous argument that "true law is right reason in agreement with nature," a universal and unchanging principle. For Cicero, a statute that violates this natural law—even if passed by the people—is not a true law at all, but an act of injustice. De Legibus is a passionate defense of the rule of law against the threats of tyranny and mob rule that Cicero witnessed in the dying days of the Republic. It represents the pinnacle of Roman legal theory and has been a touchstone for legal thinkers for over two millennia. It is a timeless argument for a justice that transcends politics.
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1 month ago
32 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 82 - The Stoics and Natural Law
Where does the authority of law ultimately come from? The Stoic philosophers of Greece and Rome proposed a powerful and enduring answer: it comes from nature itself. They argued that the cosmos is governed by a divine and rational principle—the logos—and that true justice is found when human laws align with this universal, natural law. This episode explores the revolutionary concept of natural law and its profound influence on Roman legal thought. We examine how thinkers like Cicero embraced the Stoic idea that there is a higher, eternal law that stands above the statutes of any particular state. The great Roman jurists later refined this idea into the ius naturale, or "natural law," which they believed was the source of the fundamental legal principles common to all humanity. The Stoic concept of natural law is one of the most important intellectual legacies of the classical world. It provided the philosophical foundation for the later development of international law and the modern theories of universal human rights. By grounding justice in nature rather than convention, the Stoics transformed law from a local custom into a universal aspiration.
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1 month ago
33 minutes

Crime and Punishment of Ancient Rome and Greece
Episode 81 - The Logographer: Athens's Legal Ghostwriters
In the Athenian courtroom, every citizen was expected to be their own lawyer. But what happened if you lacked the rhetorical skill to face a hostile jury of 501 of your peers? You would secretly hire a logographos, or speechwriter, to craft the perfect legal argument for you. This episode enters the clandestine world of Athens’s legal ghostwriters, the closest the city had to professional lawyers. We explore the work of masters like Lysias, who had an uncanny ability to write speeches that perfectly matched the character and social standing of his clients. These writers were experts in the art of persuasion, weaving together legal arguments, character testimonials, and emotional appeals designed to sway a jury. Their goal was to make their client’s words sound authentic and convincing. The existence of the logographer reveals the central paradox of Athenian justice: while the system championed direct citizen participation, in reality, success often depended on the skill of a hidden professional. These writers were the unacknowledged power brokers of the Athenian legal system. Their surviving speeches are now our most valuable source for understanding the day-to-day practice of law in ancient Athens.
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1 month ago
28 minutes

Crime and Punishment of Ancient Rome and Greece