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177:. Thus the consuls no longer had the power of pronouncing sentence in capital cases against a Roman citizen, without the consent of the people. The Valerian law consequently divested the consuls of the power to punish crimes, thereby abolishing the vestiges within the Roman government of that unmitigated power that was the prerogative of the
357:, passed around 50 BC. It was passed to define rape as forced sex against "boy, woman, or anyone" and the rapist was subject to execution. Men who had been raped were exempt from the loss of legal or social standing suffered by those who submitted their bodies to use for the pleasure of others; a male prostitute or entertainer was
192:: appeals from the people via the Tribune of the Plebs had been a fact of life with which magistrates had to deal prior to the law, but now magistrates were ordered to yield to the decisions of the people in capital cases. Livy notes that in all three cases the law was enacted by the
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family. Furthermore, Livy notes that, should a magistrate disregard the
Valerian law, his only reproof was that his act be deemed unlawful and wicked. This implies that the Valerian law was not so very effective in defending the plebs.
369:. The slave's owner, however, could prosecute the rapist for property damage. Yet this law, for all practical purposes, is only a restatement of the right of appeal present in the Valerian and Porcian laws.
133:. The Valerian law also made it legal to kill any citizen who was plotting to establish a tyranny. This clause was used several times, the most important of which was its usage by
188:(Livy) states that the Valerian law was enacted again, for the third time, in 299 BC. Andrew Lintott surmises that the effect of this third Valerian law was to regularize the
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This sanctity of a citizen's person was highly esteemed by the Romans, and so any violation of the
Valerian and Porcian laws was deemed to be almost a
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Another law that was passed with the intention of protecting citizens from severe punishment at the hands of governors and magistrates, is the
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321:), or a L. Porcius Licinius, it provided for a very severe sanction (possibly death) against magistrates who refused to grant
393:(73 - 70 BC) had a number of Roman citizens cruelly killed, was eventually tried before the senators in Rome, on charges of
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Nonetheless, the
Valerian law was not kept on the books throughout the five hundred years of the Roman republic. Indeed,
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153:. It allowed a Roman citizen, condemned by a magistrate to death or scourging, the right of appeal to the people
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237:. Cicero in the Republic (2.54) refers to three leges Porciae, but is not clear on their specific details.
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and excluded from the legal protections extended to citizens in good standing. As a matter of law, a
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in the 2nd century BC. We do not know their precise dates, but they seem to have ended
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indicates the high pitch to which this feeling was carried. Verres, who as the governor of
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of Roman citizens in the field and provinces and provided that citizens could escape
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broadening the rights of the
Valerian law. They were enacted by members of the
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The
Porcian Laws do not seem to have fully protected citizen soldiers from
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123:. They also established certain rights for Roman citizens, including
307:), consul in 195 BC and 184 BC, it extended the right to
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mentions severe beatings continuing to be inflicted under the
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48.5.35 on legal definitions of rape that included boys.
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from degrading and shameful forms of punishment, such as
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could not be raped; he was considered property and not
451:. Oxford: Oxford University Press. pp. 37–38.
496:Richlin, "Not before Homosexuality," pp. 558–561.
107:passed between 509 BC and 184 BC. They exempted
543:. Cambridge, UK: Cambridge University Press.
149:in 509 BC, a few years after the founding of
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27:Roman Republic precursors to bills of rights
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259:in 199 BC, it extended the right to
80:Learn how and when to remove this message
303:): perhaps proposed by M. Porcius Cato (
43:This article includes a list of general
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317:: perhaps proposed by M. Porcius Cato (
449:The Constitution of the Roman Republic
145:The first Valerian law was enacted by
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568:Crime and punishment in ancient Rome
506:Cantarella, Eva (20 October 2017).
165:that is, to the people composed of
49:it lacks sufficient corresponding
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385:’s oration in his prosecution of
509:Bisexuality in the Ancient World
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1:
129:, the right to appeal to the
252:): perhaps proposed by the
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299:Lex Porcia de tergo civium
147:Publius Valerius Publicola
522:– via Google Books.
512:. Yale University Press.
447:Lintott, Andrew (1999).
540:Luke's portrait of Paul
537:Lentz, John C. (1993).
355:lex Julia de vi publica
64:more precise citations.
474:48.6.3.4 and 48.6.5.2.
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397:(Cic. Ver. 5.161-2).
159:provocatio ad populum
131:tribunes of the plebs
254:tribune of the plebs
412:List of Roman laws
265:to a further 1000
231:sentences of death
458:978-0-19-926108-6
311:against flogging.
227:summary execution
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335:vine staffs
269:outside of
223:Gens Porcia
137:assassins.
121:crucifixion
70:August 2011
62:introducing
562:Categories
531:References
433:, p.
431:Lentz 1993
349:Other laws
343:principate
331:centurions
323:provocatio
309:provocatio
262:provocatio
248:Lex Porcia
219:Roman laws
190:provocatio
171:patricians
126:provocatio
45:references
407:Roman law
395:extortion
379:sacrilege
373:Violation
287:coercitio
281:, and to
279:provinces
175:plebeians
117:scourging
401:See also
194:Valerius
167:senators
113:whipping
94:Valerian
359:infamis
339:Tacitus
277:in the
181:kings.
179:Tarquin
58:improve
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485:Digest
472:Digest
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391:Sicily
387:Verres
383:Cicero
173:, and
47:, but
418:Notes
363:slave
337:, as
273:, to
267:steps
211:Latin
119:, or
102:Roman
100:were
545:ISBN
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271:Rome
205:The
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96:and
92:The
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