Lex Scantinia

Lex Scantinia (sometimes incorrectly referred to as Lex Scantia) was an ancient Roman law (named after aedile Scantinius Capitolinus who had lived around 225 BCE) and introduced in 149 BCE during the Roman Republic that regulated sexual behavior, including pederasty, adultery and passivity, potentially legislating the death penalty for same-sex behavior among free-born men. Allegations exist that even before "Lex Scantinia" such laws existed in Rome, but direct evidence of these laws has been lost. ["VALERI MAXIMI FACTORVM ET DICTORVM MEMORABILIVM LIBRI NOVEM", volume VI, section V ff] [Article on "struprum cum masculo" by W. Kroll in Pauly-Wissowa (ed.), "Realencyclopädie der classischen Altertumswissenschaft", 1921] [On "supplicium fustuarium", public beating to death for same-sex behavior among free-born men in Rome long before "Lex scantinia", see Polybios, "The Histories", volume VI, chapter 37] [See article "Päderastie" by M. H. E. Meier in Ersch & Gruber (eds.), "Allgemeine Encyclopädie der Wissenschaften und Künste"] [Theodor Mommsen, "Römisches Strafrecht", 1899, p. 703f (in English as "Roman Criminal Law")] [Wilhelm Rein, "Das Criminalrecht der Römer von Romulus bis auf Justinianus" ("Roman Criminal Law from Romulus up to Justinian I"), 1844, p. 864] [Gisela Bleibtreu-Ehrenberg, "Tabu Homosexualität - Die Geschichte eines Vorurteils" ("The taboo of homosexuality: The history of a prejudice"), 1978, p. 187]

All Roman laws, including "Lex Scantinia", regulating sexual behavior only expanded towards free-born citizens. Slaves were considered as "res", as things, and could be freely used for any activity otherwise illegal, even though, other than opposite-sex activities, same-sex activities with slaves were not encouraged as a form of sexual pleasure. In fact, these were rather regarded as punishment for bad slaves, inherently identical to beatings. [Craig A. Williams (Brooklyn College and the Graduate Center): [http://ccat.sas.upenn.edu/bmcr/1998/1998%2D10%2D16.html "Review of "Roman Sexualities" by Judith P. Hallett, Marilyn B. Skinner, Princeton: Princeton University Press, 1997. Pp. 343. ISBN 0-691-01178-8."] , Bryn Mawr Classical Review 1998.10.16]

Passing of the law: Two men called Scantinius

Some confusion is caused in the literature because the "Lex Scantinia" was named after an aedile called Scantinius Capitolinus who around the year 225 BCE had been sentenced on charges of same-sex activities with Marcus Claudius Marcellus that he had been accused of by the latter's father of the same name, while the law itself was proposed in 149 BCE by a tribune named Scantinius as well.

Some modern writers therefore assume that these two men were one and the same and the "Lex Scantinia" was in fact passed as early as 225 BCE, also because they assume that no other similar laws had existed in Rome priorly to "Lex Scantinia" according to which Scantinius Capitulinus could have been sentenced. Ancient sources however contradict both assumptions (see above), even though it was indeed unusual in Roman legal practice to name a law not after its initial proposer or legislator.

History and legacy

In 50 BCE, while being praetor, Marcus Livius Drusus Claudianus presided over a Law Court which stated the cases that violated the "Lex Scantinia". Thus, we can gather that the "Lex Scantinia" still commanded legitimate authority a century after it had been passed.

In 17 BCE, "Lex Scantinia" was supplemented by the "Lex Iulia de Adulteriis Coercendis" passed by emperor Augustus and banning adultery in general. A later 3rd century amendment of "Lex Iulia" included the "Sententiae" by Julius Paulus which re-emphasized the death penalty for same-sex behavior. The "Sententiae" were influential enough they were regarded as a genuine and in fact integral part of "Lex Iulia" maybe from their first appearance on, at the latest since the reign of emperor Justinian I who greatly praised their influence on Roman mores denouncing same-sex activities. [Gisela Bleibtreu-Ehrenberg, "Tabu Homosexualität - Die Geschichte eines Vorurteils" ("The taboo of homosexuality: The history of a prejudice"), 1978, p. 188]

The "Lex Scantinia" thus is not only the first Roman law documented by name regulating sexual behavior, but also began an unbroken history of Roman legal regulation of sexual behavior that further spanned over "Lex Iulia/Sententiae" until the legislations of Justinian I.

See also

*List of Roman laws

For more information about the "Lex Scantinia", especially its legacy and similar later Roman legilslation, see articles:

*Sodomy, Chapter 4 - "Medieval Christianity on sodomy" - Section 4.1 "Justinian I and Byzantine power politics of late antiquity"
*The Bible and homosexuality, Chapter 1 - "Passages from the Hebrew Bible" - Section 1.2 "Genesis 19: Sodom and Gomorrah", sub-section 1.2.1 "No classic source on Genesis 19 and homosexuality"

Further reading

On "Lex Scantinia" and other, including earlier Roman laws regulating sexual behavior, especially same-sex behavior:

*Joh. Frid. Christ. (1726), "Historia legis Scantiniae" ("History of "Lex Scantinia")
*Theodor Mommsen (1899), "Römisches Strafrecht" ("Roman Criminal Law"), p. 703f (Mommsen also quotes either Seneca the Elder or Seneca the Younger commenting on "Lex Scantinia")
*Münzer's (1921) entry for "Scantinius" in: Pauly-Wissowa (ed.), "Realencyclopädie der Classischen Altertumswissenschaft" ("Specialist Encyclopedia of Classical Ancient Philology")
*"VALERI MAXIMI FACTORVM ET DICTORVM MEMORABILIVM LIBRI NOVEM", volume VI, section V ff
*Article on "struprum cum masculo" by W. Kroll in Pauly-Wissowa (ed.), "Realencyclopädie der Classischen Altertumswissenschaft", 1921
*On "supplicium fustuarium", public beating to death for same-sex behavior among free-born men in Rome long before "Lex scantinia", see Polybius, "The Histories", book VI: "The Roman Constitution", chapter VI: "The Roman Military System", section 37 (including [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/SMIGRA*/Fustuarium.html comment] by William Smith, D.C.L., LL.D, "A Dictionary of Greek and Roman Antiquities", John Murray, London, 1875)
*Article "Päderastie" by M. H. E. Meier in Ersch & Gruber (eds.), "Allgemeine Encyclopädie der Wissenschaften und Künste"
*Wilhelm Rein, "Das Criminalrecht der Römer von Romulus bis auf Justinianus" ("Roman Criminal Law from Romulus up to Justinian I"), 1844, p. 864
*Gisela Bleibtreu-Ehrenberg, "Tabu Homosexualität - Die Geschichte eines Vorurteils" ("The taboo of homosexuality: The history of a prejudice"), 1978, p. 187-196
*Williams, "Roman Homosexuality"
*Hubbard, "A Sourcebook for Homosexuality in the Greek and Roman World"
*F. X. Ryan: " [http://www.jstor.org/pss/270662 The Lex Scantinia and the Prosecution of Censors and Aediles] ", "Classical Philology", Vol. 89, No. 2 (Apr., 1994), pp. 159-162

External links

* [http://web.upmf-grenoble.fr/Haiti/Cours/Ak/Leges/scantinia.html "Lex Scantinia de nefanda venere"]
* [http://www.ancientlibrary.com/smith-bio/3067.html See entry "Scantinius"] in Smith, "Dictionary of Greek and Roman Biography and Mythology"
*Valerius Maximus (translated by Henry J. Walker): [http://books.google.com/books?id=5imDC6VN-FcC&pg=PA198&dq=Valerius+Maximus&source=gbs_toc_s&cad=1&sig=ACfU3U0oTm-9Ya2zi1h1OLaXZ4gLIs4RcA#PPA199,M1 The story of Scantinius] (from "Factorum ac dictorum memorabilium libri IX") later resulting in the passing of "Lex Scantinia" named after Scantinius the aedile

References