Murder Was Not a Crime: Homicide and Power in the Roman Republic

This book explores an intriguing thesis. Basically author Judy Gaughan argues that the basic object of criminal legislation in the Roman Republic was to protect the state. Because one of the most important elements of the state was the family bloc based on the paterfamilias, some deeds – such as murder – were not subject to criminal sanctions, because resolving the issue was in the power of the paterfamilias and not of the state. Indeed, for the state to get involved in trying cases of murder would undermine the power of the family, and thus weaken the state itself...

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