|
In Roman law during the Republic, ''calumnia'' was the willful bringing of a false accusation, that is, malicious prosecution.〔Mary Beard, J.A. North, and S.R.F. Price, ''Religions of Rome: A History'' (Cambridge University Press, 1998), vol. 1, p. 238.〕 The English word "calumny" derives from the Latin. The Roman legal system lacked state prosecutors; crimes were prosecuted by any individual with sufficient legal training who chose to make the case. Prosecutions were often politically motivated, but a prosecutor who brought an accusation wrongfully could be sued under the ''Lex Remmia de calumnia'' if the accused was absolved of the crime. In this sense, ''calumnia'' resembled a charge of defamation or libel.〔Cicero, ''Rosc. Am.'' 19.55; Richard A. Lafleur, "Horace and ''onomasti komodein'': The Law of Satire," ''Aufstieg und Niedergang der römischen Welt'' II.31.3 (1981), p. 1822; H. Galsterer, "The Administration of Justice," in ''The Cambridge Ancient History: The Augustan Empire, 43 B.C.–A.D. 69'' (Cambridge University Press, 1996), p. 402.〕 The person found guilty of ''calumnia'' was subject to the same punishment the person he falsely accused would have received.〔George Mousourakis, ''The Historical and Institutional Context of Roman Law'' (Ashgate, 2003), p. 317; Beard ''et al.'', ''Religions of Rome'', p. 238.〕 One particularly well-documented trial that resulted in ''calumnia'' was that of M. Aemilius Scaurus, the praetor of 56 BC, who spoke in his own defense. Cicero was among his team of six advocates. Scaurus was charged under the ''Lex Iulia de repetundis'' for alleged misconduct during his governorship of Sardinia in 55 BC. A lengthy list of character witnesses is preserved. He was acquitted, with only four of twenty-two senators voting to convict, two of twenty-three ''equites'', and two of twenty-five ''tribuni aerarii'' ("tribunes of the treasury"). Ten of these jurors voted that two of the prosecutors, Marcus Pacuvius Claudius〔The ''cognomen'' is uncertain, and may be ''Caldus''.〕 and his brother Quintus, had committed ''calumnia'', and three voted that a third prosecutor, Lucius Marius,〔A quaestor in 50 BC.〕 had also done so.〔Michael C. Alexander, ''Trials in the Late Roman Republic, 149 BC to 50 BC'' (University of Toronto Press, 1990), pp. 143–144.〕 Although the presiding praetor allowed charges of ''calumnia'' to proceed, all three were acquitted, even though the jury seems to have been the same.〔T. Corey Brennan, ''The Praetorship in the Roman Republic'' (Oxford University Press, 2000), p. 497.〕 Another case involving ''calumnia'' is mentioned by Cicero in his first speech against Verres.〔Cicero, ''In Verrem'' 1.6.〕 During the time of Sulla, Afrania,〔The name is vexed; it may also be ''Carfrania''.〕 a senator's wife, appeared so often before the praetor that ''muliebris calumnia'' ("woman's calumny") became regarded as pernicious to the legal system. An edict was consequently enacted that prohibited women from bringing claims on behalf of others, though they continued to be active in the courts in other ways.〔Richard A. Bauman, ''Women and Politics in Ancient Rome'' (Routledge, 1992, 1994), pp. 50–51. See also Women and the law in ancient Rome.〕 During the Imperial era, a charge of ''calumnia'' could also result from an ill-considered accusation, even if made without malice.〔Mousourakis, ''The Historical and Institutional Context of Roman Law'', p. 317.〕 ==See also== * Roman litigation 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Calumnia (Roman law)」の詳細全文を読む スポンサード リンク
|