Autore: Thein, A.
Titolo: Lex Valeria or Cornelia. The Proscription Law at Cicero, S. Rosc. 125
Rivista/Miscellanea: "Athenaeum", 113, 1
Luogo edizione: Como
Editore: New Press Edizioni
Anno edizione: 2025
Pagine: 212-219
Parole chiave: Droit - Diritto - Law, Éloquence - Eloquenza - Eloquence, Politique - Politica - Politics
Descrizione: [Abstract] In his Pro Roscio, Cicero discusses the sale of the property of the Elder Roscius and argues that it was illegal even "by the terms of that law relating to proscription - whether it is the Valerian or Cornelian I have not been able to learn and I do not know" (Cic. S. Rosc. 125). It is a paradox that Cicero claims not to know the name of this law, because he cites one of its clauses verbatim in the following passage (Cic. S. Rosc. 126). The standard explanation is that Cicero is feigning ignorance of a law he found offensive and refused to recognise as valid. I argue for an additional layer to Cicero's moralising. The proscription law was a lex Cornelia, but Cicero pretends it was a lex Valeria to create an antithesis with the historical Valerian laws on provocatio which established the principle that Roman citizens had the right of appeal against arbitrary state violence. The message was that the proscriptions were unlawful if not technically illegal.
Opere:
Link: https://athenaeum.unipv.it/index.php/2025-2/
Sigla autore: Thein 2025
Titolo: Lex Valeria or Cornelia. The Proscription Law at Cicero, S. Rosc. 125
Rivista/Miscellanea: "Athenaeum", 113, 1
Luogo edizione: Como
Editore: New Press Edizioni
Anno edizione: 2025
Pagine: 212-219
Parole chiave: Droit - Diritto - Law, Éloquence - Eloquenza - Eloquence, Politique - Politica - Politics
Descrizione: [Abstract] In his Pro Roscio, Cicero discusses the sale of the property of the Elder Roscius and argues that it was illegal even "by the terms of that law relating to proscription - whether it is the Valerian or Cornelian I have not been able to learn and I do not know" (Cic. S. Rosc. 125). It is a paradox that Cicero claims not to know the name of this law, because he cites one of its clauses verbatim in the following passage (Cic. S. Rosc. 126). The standard explanation is that Cicero is feigning ignorance of a law he found offensive and refused to recognise as valid. I argue for an additional layer to Cicero's moralising. The proscription law was a lex Cornelia, but Cicero pretends it was a lex Valeria to create an antithesis with the historical Valerian laws on provocatio which established the principle that Roman citizens had the right of appeal against arbitrary state violence. The message was that the proscriptions were unlawful if not technically illegal.
Opere:
Link: https://athenaeum.unipv.it/index.php/2025-2/
Sigla autore: Thein 2025
