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Livy not Polybius is the main source for Roman religion; Carthaginian is less easily grasped. Literary traditions represented Hannibal as an impious perjuror, whereas Scipio enjoyed divine help (Neptune) and privileged access (Jupiter). Neither picture is true. Both made youthful vows, Hannibal never to befriend Rome, Scipio (after Cannae) to continue the fight. Neither was regularly accompanied by seers on campaign; Hannibal was his own diviner and personally executed one violent animal sacrifice. He buried defeated enemy commanders respectfully, unlike Nero after Metaurus. Scipio, unlike Hannibal, took impious advantage of a truce. Hannibal was a priest only in the sense that ancient generals conducted campaign rituals. Scipio had been a Salian priest of Mars for many years (special dress, ceremonies, obligations). There was a Hannibalic legend (advice or warnings in dreams from Jupiter and Juno) as well as the famous Scipionic legend (supernatural snake-birth and Neptune’s help at New Carthage).
This chapter examines the kinds of legal procedure adopted by various ancient legal systems to conduct legal proceedings in a court. The areas covered include the constitution of courts, preliminary court proceedings, valid evidence, presentation and evaluation of evidence, and the final verdict, including the possibility of appeals. Discussions include judges and court personnel, the physical space of courts, distinctions between civil and criminal cases, plaint and plea, sureties, and legal representation. Under evidence there is examination of witnesses, documents, oaths, ordeals, torture for evidentiary purposes, and forensic investigation, and punishment for perjury. Once a verdict is reached by the court, there are issues relating to the recording and the enforcement of the verdict. There is wide diversity in the legal procedure recorded in the sources from different legal traditions. Some deal with the topic explicitly, while in others we have to deduce the procedure from material on court cases.
Outlines the political career of Bill Clinton and his rise to the presidency in the post-Watergate era, as well as the corresponding rise of his wife, Hillary Clinton. Addresses the altered political climate of the period and how the actions of Independent Counsel Kenneth Starr elevated President Clinton’s inexcusable moral turpitude into impeachable conduct.
In Massachusetts, the elite solidified their identity and legitimated their claims to rule by linking veracity, and all the social perquisites that entailed, to gentlemanliness and whiteness. Laws against deceptive speech practices, and prosecutions of them, concretized and reinforced cultural associations between gentility and credibility. These prosecutions also had larger political significance. In naming defendants as false speakers, presentments and prosecutions formally defined them as ineligible for participation in a community of shared civil discourse. In perjury prosecutions, this process meant that certain men were much more likely to be believed in institutional and legal contexts, thus endowing them with greater power in those contexts. In false news prosecutions, the process enabled a small coterie to control sanctioned versions of public information. The outrage manifested over mumpers reveals elite anxieties about the strength and resilience of these still-emerging ideologies of truth-telling. But these tricksters and their interventions in polite society nevertheless managed to expose the inherent deceptiveness of the polite ethos itself.
The image of Gestapo officers relying on threats and violence is a myth. Informants were for investigating opinionmakers and torture was for networks of organized resistance. Routine procedure was different with lone critics. The Gestapo knew that denouncers could abuse the system. The return to formal prosecution also demanded proof of both an offence and subversive motive. An “impeccable conviction” required corroborating witnesses to establish subversive attitudes and either confirm a single public offence or a broader pattern. As a result, the Gestapo used conversational techniques to gauge the reliability of witnesses and suspects as officers gathered information from their social circle. Behaviour during questioning, discrepancies, connections between witnesses, and personal quarrels were all evaluated. Political background, severity of the statement, and publicness of an offence dictated how widely the net was cast. However, laying out evidence and offering clemency ultimately secured far more confessions than violence. The result was a two-track system of routine police work according to the demands of formal justice subject to cancellation under specific criteria.
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