The Forensic Stage: Settling Disputes in Graeco-Roman New by Professor Adele C. Scafuro

By Professor Adele C. Scafuro

This ebook explores the ways that criminal disputes have been settled out of court docket in fourth-century BC Athens and in second-century BC Rome. After analyzing pretrial situations within the Attic orators and related ones in Roman criminal resources, the writer turns to the performs of Greek New Comedy and their later Roman variations. There she identifies related situations, specifically in disputes touching on sexual violations, the marriages of heiresses, and divorces, and exhibits that reputation of criminal situations aids interpretation of latest Comedy texts.

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He thought that no individual should be barred from obtaining justice in the way that was most suitable for him. How then would this come about? If he were to provide many legal procedures against wrong-doers, as in the case of theft. Suppose you are strong and self-confident arrest the man (apage); you risk a thousand drakhmai. Suppose you are weaker lead the way (ephegou) to the officials; they will take care of the arrest. Suppose you fear even to do this indict him (graphou). You lack confidence in yourself and as a poor man would be unable to pay out a thousand sue him (dikazou) for theft before an arbitrator and you will risk nothing.

Graeca 53 ( = Schroeder no. 7; Page 1941: 27476). Terence may therefore have derived the notion of using the prologue as a vehicle of criticism from earlier writers, but he will have recast the criticism and aimed it against his own contemporaries. He twice uses his producer and star actor as prologue speaker, explicitly in the guise of an orator who pleads the playwright's case against his detractors; the orator treats the audience as a court of judges who will give a verdict on Terence (HT prol.

Boegehold). 40 Boegehold 1995: 42 summarizes the evidence. Aside from psephoi from mid-third century contexts, lead tokens, and an inscribed ekhinos lid of c. " Townsend 1995 studies the structure and associated finds in detail; see esp. p. 78 for attestation of the use of the building and pp. 90103 for its date and identification. The structure was dismantled in the early second century BC. 41 Aside from Dusk. 74345 (n. 37 above), Menander refers to courtroom activities in: Asp. 27073; Dusk. 472; Epitr.

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