In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of Seville (...) in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

The priestly career of L. Domitius Ahenobarbus is a mystery. On the one hand, he was pontifex when he died in 48 BC. On the other hand, he is said to have been an unsuccessful candidate for the augurate shortly before his death. These pieces of information cannot be reconciled. The most likely assumption is that not L. Domitius Ahenobarbus, but his son Cn. Domitius Ahenobarbus was a candidate for the augurate in 50 BC.

In the year 308 CE, the African army raised to the purple the agens vices praefectorum praetorio Lucius Domitius Alexander. This rather unique case of a vicarius becoming emperor is deserving of investigation. Scholarly interest on the matter has traditionally focused on the broader political significance, treating Alexander as a traditional usurper. This paper argues that, contrary to traditional studies, the regime of Alexander focused on very local, African tropes. The uniqueness of the advertisement suggests that this African usurpation (...) was the product of discontent internal to Africa; in other words, it is a departure from the usurpations of the third century. The achievements of Diocletian, who supposedly stabilized the Empire, ended when he withdrew, and the rebellion of 308–310 demonstrates that there remained unaddressed tensions between the provinces and the remaining tetrarchs. (shrink)

The author proposes here “the first Romanian attempt at a hermeneutic systematization of the philosophy of European law”, a field that is approached from an organic, integrating perspective. It has to be seen as a synchronic lectio magistralis on the ineluctable role of the spiritual roots when deciphering and assuming national identity. The complicated “euronomosophical” discourse, whose beginning is an excellent page of self-history about the “Europe” of the author, voices an appeal to a deeper self-knowledge. A complex, dynamic reality: (...) from euromyth to euro-oniria and PaxEuropaea. Such incursions into the universe of law certainly involve an instructive and pedagogical side, building a patchwork of ideas, suggestions and themes that could be further developed. (shrink)

This article considers the depictions of imperial officials and their interactions with Christian communities in the genre of ecclesiastical history. It focuses on one particular episode where the emperor Valens ordered his praetorian prefect Domitius Modestus to disperse an assembly of Nicene Christians at the martyrium of Thomas at Edessa. The four fifth-century Nicene ecclesiastical historians Rufinus, Socrates, Sozomen, and Theodoret offer the same basic narrative of the events which led to the prefect’s abandonment of his mission. Yet they (...) construe the causes and implications of his reluctance to persecute in strikingly different ways. These adaptations reveal their differing views of the role of imperial officials in matters concerning the church and, more broadly, of what Christian communities might expect from the imperial state in a Christian empire. (shrink)

Roman conflict with Parthia in the mid first century for control of Armenia and Domitius Corbulo's exploits in the East, culminating in the Parthian candidate for the throne, Tiridates, receiving his diadem from the hands of the Emperor Nero in Rome, have frequently been studied for what they reveal about military and diplomatic manoeuvres under the later Julio-Claudians. The historiographical investigation of our main source, Tacitus, particularly through comparison with the fragments of Cassius Dio, is also important for the (...) light this sheds on the Roman senator's methods. The intention of this paper is to draw attention to the complexity of Tacitus’ account by indicating his use of multiple and sometimes contradictory viewpoints in his narration of Caesennius Paetus’ unsuccessful Armenian campaign of a.d. 62–63 and to highlight an unrecognized echoing of his predecessor Livy by the historian. The examination of a text that is as elusive as it is allusive will require a careful study of what must have been a debated incident, but, as I hope to show, will give a broader insight into the historian's methods and, perhaps, wider intentions. I begin with an outline of historical events and the sources available to the historian. Next, I present a narratological examination of the text to show how differing viewpoints are highlighted within a contested storyline. I then show how this confusion may appear to be dispelled by a strong plot-line that borrows heavily from Livy, wherein the actions of an older, experienced general are contrasted with those of his subordinate. However, aspects of this account suggest that the tensions within the narrative are not resolved and that this has wider implications for our understanding of the historian and his work. (shrink)

M. Bonnefond-Coudry has performed a great service by compiling a list of senators who are known to have spoken in the senate in the first century b.c. Yet her list for the year 50 invites a thoroughgoing revision. Beside the rubric ‘supplicatio à Cicéron’ she gives the following list: Cato, Hirrus, Balbus, Lentulus, Domitius, Scipio, Favonius. She also notes that Pompey spoke at a session late in the year, and maintains that Scipio spoke on 1 December.

M. Bonnefond-Coudry has performed a great service by compiling a list of senators who are known to have spoken in the senate in the first century b.c. Yet her list for the year 50 invites a thoroughgoing revision. Beside the rubric ‘supplicatio à Cicéron’ she gives the following list: Cato, Hirrus, Balbus, Lentulus , Domitius , Scipio, Favonius. She also notes that Pompey spoke at a session late in the year , and maintains that Scipio spoke on 1 December.

A partir das máximas que, nas Máximas Capitais, se referem ao conceito de justiça, procede-se a uma circunscrição do que era para Epicuro a justiça e comparam-se as suas concepções sobre o tema com a tradição dominante do direito romano-germânico baseada no ius suum cuique tribuendi do Corpus Iuris Civilis e com os conceitos modernos e contemporâneos contratualistas de Jean-Jacques Rousseau, Thomas Hobbes e John Rawls e da Gevalt de Jacques Derrida e de Hannah Arendt.

The Vestal Virgins are one of the most famous elements of Roman religion, yet despite their perennial appeal and the importance of some smaller scale studies of the priesthood, the priestesses have not received a monograph-length study since F. Giuzzi, Aspetti giuridici del sacerdozio romano. II sacerdozio di Vesta (Naples, 1968). Now we have books by R.L. Wildfang and M.C. Martini that could not be more different. The former offers a thorough survey of what the sources can tell us about (...) the priesthood in the period from the end of the Second Carthaginian War to the first century C.E. The latter is an analysis of early Roman historiography and the role the Vestals, in particular their periodic unchastity, played in the creation of the traditional account of the development of Rome. W's book puts forward two main arguments: (1) the Vestals were charged with the ritual purification of the city and with the storage and preparation of ritual materials, and (2) many aspects of the priesthood that have long puzzled scholars are tied to the Vestals' status as Roman citizens, but citizens who existed outside the traditional family structure. The book will be accessible to those new to the topic, but the notes will repay specialists. Ancient sources are quoted in translation, with original texts provided in an appendix. A second appendix provides a list of known Vestals. This slender volume could have been even thinner if the frequent repetitions were cut down. W's work might have been better as a hefty article, so little is there to know about the Vestals. The Classical Review vol. 58 no. 1 C The Classical Association 2008; all rights reserved This content downloaded from 204.235.148.90 on Sat, 26 Jul 2014 11:47:09 AM All use subject to JSTOR Terms and Conditions THE CLASSICAL REVIEW 213 In the Introduction, W makes a welcome distinction among types of rituals often lumped together in discussions of 'fertility' rituals, with which the Vestals are often associated (p. 4). W reserves 'fertility' to describe only those rites that deal with the reproduction of people, livestock and the growth of crops. Harvest rituals are linked to the harvesting of crops, while another set of rites, 'storage rites', are tied to the preservation of the harvest. The final group, purification rituals, aim at the cleansing of an individual, place or object of 'all forms of pollution that would render it or them unfit to come into contact with the religious sphere'. The book is arranged thematically. The first two chapters lay out all we can know about the priestesses' ritual obligations performed in the seclusion of the temple and out amongst the people. While a reader may not find W's interpretation of each of the Vestals' actions equally persuasive, the overall argument that the priestesses' activities were, by and large, purificatory is convincing. Two of the more interesting aspects of W.'s discussion are her considerations of Vesta's fire and of the water required for some of her rituals (pp. 8-11). Fire was seen by the Romans as both a fertile and a sterile force, and scholars have emphasised one or the other, or the contrast between them, in their interpretation of the Vestals. W points out that fertile fire is always described in masculine terms and is associated with Vulcan. Vesta's fire, however, is always associated with sterility and purity, and so should be understood as having a purificatory significance. W points out that Vesta's fire was used only in the manufacture of ritually necessary items: roasting spelt for mola salsa, baking brine for muries and burning ashes from the fetal cow from the Fordicidia and the tail of the October horse, both of which were used at the Parilia. For other rituals, the Vestals were required to use water, the purificatory substance par excellence, drawn only from the spring of Juturna and carried only in vessels that could not be set down. These restrictions ensured that the water was always fresh, running water that never touched profane earth. Chapters 3-5 trace out the unique position the Vestals occupied in Roman society, arguing that they existed outside the standard Roman familial and other social structures, yet remained fully part of the Roman state. W suggests that the initiation rite of captio removed the new priestess not only from her family but, more importantly, from her family cult, thus avoiding any potential contamination of familial and public cult. Virginity was required for multiple reasons, the most significant being that such a status allowed the priestess to remain a full member of the Roman state, but prevented her from being a member of a traditional family structure. Throughout the book, W makes much of the idea of Vestals as represen tatives of Roman citizen women without ever really dealing with the question to what extent any Roman woman, priestess or not, was a ciuis. Though W is probably correct, it is not entirely certain to what extent women were citizens in the Republic, and at least a reference to some key ancient sources and to recent scholarship on this question should be made (e.g. L. Peppe, Posizione giuridica e ruolo sociale della donna romana in eta repubblicana [Milan, 1984]). The sixth chapter, 'The Vestals in the Romans' History', looks at the appearance of Vestals in the early history of Rome, refining the common assumption that accusations of, and convictions for, incestum arose only in periods of great stress and danger. W adds that a priestess's involvement, or her family's involvement, in one of the groups taking part in the conflict or struggle of the moment also played a role. This chapter traces changes over the course of 300 years in the attitudes of the priestesses and the Romans more generally toward the priesthood, its role in society This content downloaded from 204.235.148.90 on Sat, 26 Jul 2014 11:47:09 AM All use subject to JSTOR Terms and Conditions 214 THE CLASSICAL REVIEW and its requirement of 30 years of chastity. The argument hangs on even less evidence than other sections of the work. In contrast to their central place in W's book, the Vestals play only a small (though crucial, in her interpretation) role in M.'s work. The basic argument of the book is that episodes of Vestal incestum are linked in the historiographic tradition to key moments in the development of the Roman state: the separation of augurium from regnum, the development of a mixed patrician-plebeian aristocracy, the creation of a monetary system and the expansion of the colonial system outside Italy. The history of Rome can be seen as alternating phases of stasis and transformation; instances of Vestal incestum mark the transitions (p. 95). The work falls into two parts that are not well integrated. The first is a useful discussion of the historiography of the Roman Republic, taking in turn each element of the story of the founding of Rome from the arrival of Aeneas to the death of Remus. M. traces how early Roman writers, especially Fabius Pictor, reshaped the tradition already present in some Greek authors, distancing Rome from the Greek world and adding an Italic element to the tale. This detailed analysis is well worth consulting and will be of interest to those working on many aspects of cultural life in the Republic. The second, larger, section of the book comprises a series of studies of the Vestals known to have been convicted of incestum during the Republic. After dealing with issues of dating and sources, M. links each case of incestum to a major event in Roman history. Not all the events are equally important for the creation of the Rome of the middle and late Republic. One wonders why M. chose to tie the conviction of Minucia, somewhere between 339 and 332, to the admission of plebeians to the praetorship in 337 rather than to the conclusion of the Latin War in 338. Some explanation is warranted. The connection M. draws is often very vague, as in the case of Sextilia (pp. 144-54), convicted and interred alive in either 275 or 274. M. sees this as marking the end of any meaningful distinction between patricians and plebeians, following as it does the first time a plebeian censor completed a lustrum. The gap of five or six years between Sextilia's conviction and Cn. Domitius Calvinus Maximus' censorship in 280 passes unremarked. Similarly, in discussing the three Vestals accused of incestum in 114-113 (pp. 188-210), M. steps away from the commonly accepted interpretation of the event as part of the continuing struggle between Gracchan and senatorial forces, arguing instead that it is tied to the establishment in 118 of the colony of Narbo Martius, Rome's first colony in Gaul. Here, as elsewhere, there is no evidence that any ancient author linked the founding of the colony and Vestal unchastity; the temporal gap makes an association even more unlikely. Ultimately, it is not possible to accept M.'s argument that Vestal incestum punctuated key stages in the development of the 'cosmo Romano' in the way she imagines. Even so, M.'s effort to reintegrate the Vestals into the larger narrative of Rome's history is thought-provoking, and it is to be hoped that it will spark further work in the same vein. The field is perhaps in a better position to undertake work on this scale now that we have W's careful and comprehensive collection and interpre tation of what there is to know about the Vestals. Yale University CELIA E. SCHULTZ celia.schultz(yale.edu This content downloaded from 204.235.148.90 on Sat, 26 Jul 2014 11:47:09 AM All use subject to JSTOR Terms and Conditions. (shrink)