Greek and Roman Slaveries. Eftychia Bathrellou
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whether the ideal of communal property would apply to all the classes in the ideal city or to the guardians only.
Literature: Lewis 2018: 147–65.
If everything is common to all in the same way as among the guardians, then in what way will the farmers be different from the guardians? Or what benefit will there be to those who submit themselves to their rule? Or on what consideration will they submit themselves to the guardians’ rule unless the guardians think of a clever idea similar to that of the Cretans? For the Cretans have allowed to their slaves everything they allow to themselves, with only two exceptions: they forbid them to use the gymnasia and possess weapons.
What activities are prohibited to Cretan slaves? Why?
Does this necessarily mean that Cretan slaves were better treated than Spartan helots?
Does the description “between slave and free” (see 1.3) fit Cretan slaves better than helots?
1.10 Ps.-Xenophon, Constitution of the Athenians, 1.11–2:17 Greek Political Treatise (Probably Fifth Century BCE)
This text, while critical of Athenian democracy, attempts to offer a sociological analysis of why the Athenian system works and is difficult to overthrow.
Literature: Vlassopoulos 2007; Canevaro 2018.
If anyone is also surprised at the fact that here they allow their slaves to live in luxury and, some of them, magnificently, they could be shown to be doing this too with good reason. For where there is a naval power, it is necessary for financial reasons to be slaves to the slaves − so that we may receive the payments (apophora) the slaves make − and then to let them free. “But in Lacedaemon, my slave would have been in fear of you!” But if your slave is in fear of me, there will be a risk that he might even give his money so as not to be in danger. Where there are wealthy slaves, it is no longer useful that my slave should be in fear of you. This is why we established equality of speech between slaves and free men and between metics and citizens.
How does the author describe the condition of slaves at Athens?
How does he explain the peculiar condition of Athenian slaves?
Do you find his explanation credible? What is the author’s agenda?
Why would a Spartan helot fear a free man who is not his master more than an Athenian slave would?
Can we say that Spartan helots behaved more slavishly than Athenian slaves?
Can we say that some Athenian slaves worked and lived as independently as most Spartan helots?
In the light of this and the above passages, does it make sense to posit a single categorical distinction between helots and chattel slaves?
SOCIAL DEATH
1.11 Social Death and Roman Law
Civil law was the law applying to Roman citizens; the law of nations refers to rules common to all human communities; natural law was law according to nature. On the Digest, see 1.2.
Literature: Buckland 1908: 397–418; Wieling 1999: 1–30; Bodel 2017.
1.11.a Digest, 50.17.32: Collection of Latin Juristic Texts (Sixth Century CE)
Ulpian, On Sabinus, Book 43: As far as the civil law is concerned, slaves are regarded as nobodies. However, this is not the case with natural law because as far as natural law is concerned, all human beings are equal.
1.11.b Digest, 50.17.209: Collection of Latin Juristic Texts (Sixth Century CE)
Ulpian, On the Lex Iulia et Papia, Book 4: We compare slavery closely with death.
1.11.c Paul’s Views (Pauli Sententiae), 4.10.2: Latin Juristic Text (Third Century CE)
For the senatus consultum Claudianum (SCC), see 11.22. According to this law, a free woman who entered a union with a slave could lose her free status and become a slave.
Under the senatus consultum Claudianum, a daughter who is a slave or a freedwoman cannot inherit her mother’s estate if the latter dies intestate. For neither slaves nor freedpersons are acknowledged as having a mother who is a Roman citizen.
What does Ulpian compare slavery with? Why?
What are the rights of slaves according to civil law?
Does Roman law recognize slave kinship?
How do these passages use the distinction between natural law, civil law, and the law of nations with regard to slavery?
1.12 P.Herm. 18, 1–12: Papyrus with Record of Official Proceedings in Greek, Egypt (323 ce?)
Literature: Wolff 1966; Straus 2004a: 14–15.
[…] when […] were about to become consuls [for the third time], on the eighth day before the Ides of December, on the 9th day of the month Choiak.
When Firmus came forward and presented Patricius, the advocate, Clematius said: “Firmus, who came forward, has a slave called Patricius. Firmus has brought him here so that he be questioned on his status.”
The officials18 said to Patricius, “Are you slave or free?” He responded: “Slave.”
The officials said to him, “Whose slave?”
He replied, “Firmus’s.”
The officials said to him, “From which place did he acquire you?”
He replied, “From Reskoupos.”
The officials said to him, “From whom?”
He responded, “From Nikostratos.”
The officials said to him, “Is your mother a slave?”
He replied, “Yes.”
The officials said to him, “What is her name?”
He replied, “Hesychion.”
The officials said to him, “Do you have siblings?”
He replied, “Yes, one. His name is Eutychios.”
The officials said to him, “Is he a slave, too?”
He replied, “Yes.”
What kind of questions do the officials ask to establish the identity of the slave?
What questions do they ask concerning his family? What does this imply?
What question concerning his family do they not ask? What does this imply about natal alienation?
1.13 Ammianus Marcellinus, History, 28.1.49: Latin Historiography (Fourth Century CE)
Ammianus here delineates the persecution in Rome of members of the senatorial rank through trials under the emperor Valentinian I. Fausiana was a widow of senatorial rank, accused of adultery with two men of the same rank, Abienus and Eumenius. Anepsia was also a widow of senatorial rank. Simplicius of Emona was at the time (ca. 374–5 CE) in charge of the persecution.
Literature: Harper 2011: 69–78, esp. 72.
But after Fausiana was convicted, they (i.e. Abienus and Eumenius) were enlisted among the accused and summoned with edicts to appear in court. They took themselves off into deeper concealment. Of the two, Abienus was hiding for a long time in the house of Anepsia. However, as unexpected events often aggravate pitiable misfortunes, a man called Sapaudulus, a slave of Anepsia, stricken by pain because his spouse