Lex Scantinia - Revision history

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External links

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	*[http://www.ancientlibrary.com/smith-bio/3067.html See entry ''Scantinius''] in Smith, ''Dictionary of Greek and Roman Biography and Mythology''		*[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		*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
			{{Navbox Ancient Rome\|collapsed}}
	{{from Wikipedia\|http://en.wikipedia.org/wiki/Lex_Scantinia}}		{{from Wikipedia\|http://en.wikipedia.org/wiki/Lex_Scantinia}}
	[[Category:Ancient Rome]]		[[Category:Ancient Rome]]

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			{{History}}
	The '''''Lex Scantinia''''' (less often '''''Scatinia''''') is a poorly documented<ref>Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.</ref> ancient Roman law that penalized a sex crime ''([[Definitions of Roman legal terms\|stuprum]])'' against a freeborn male minor (''[[Definitions of Roman legal terms\|ingenuus]]'' or ''[[:wikipedia: Sexuality in ancient Rome#Sexuality and children\|praetextatus]]'').<ref>McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.</ref> The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse ''(stuprum)'', but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or [[Greek love\|pederasts in the Hellenistic manner]].<ref>[[Elaine Fantham]], "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see [[#Prosecutions\|"Prosecutions" below]].</ref>		The '''''Lex Scantinia''''' (less often '''''Scatinia''''') is a poorly documented<ref>Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.</ref> ancient Roman law that penalized a sex crime ''([[Definitions of Roman legal terms\|stuprum]])'' against a freeborn male minor (''[[Definitions of Roman legal terms\|ingenuus]]'' or ''[[:wikipedia: Sexuality in ancient Rome#Sexuality and children\|praetextatus]]'').<ref>McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.</ref> The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse ''(stuprum)'', but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or [[Greek love\|pederasts in the Hellenistic manner]].<ref>[[Elaine Fantham]], "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see [[#Prosecutions\|"Prosecutions" below]].</ref>

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References

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	{{reflist\|2}}		{{reflist\|3}}

	== Further reading ==		== Further reading ==

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	The '''''Lex Scantinia''''' (less often '''''Scatinia''''') is a poorly documented<ref>Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.</ref> ancient Roman law that penalized a sex crime ''([[Definitions of Roman legal terms\|stuprum]])'' against a freeborn male minor (''[[Definitions of Roman legal terms\|ingenuus]]'' or ''[[Sexuality in ancient Rome#Sexuality and children\|praetextatus]]'').<ref>McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.</ref> The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse ''(stuprum)'', but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or [[Greek love\|pederasts in the Hellenistic manner]].<ref>[[Elaine Fantham]], "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see [[#Prosecutions\|"Prosecutions" below]].</ref>		The '''''Lex Scantinia''''' (less often '''''Scatinia''''') is a poorly documented<ref>Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.</ref> ancient Roman law that penalized a sex crime ''([[Definitions of Roman legal terms\|stuprum]])'' against a freeborn male minor (''[[Definitions of Roman legal terms\|ingenuus]]'' or ''[[:wikipedia: Sexuality in ancient Rome#Sexuality and children\|praetextatus]]'').<ref>McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.</ref> The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse ''(stuprum)'', but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or [[Greek love\|pederasts in the Hellenistic manner]].<ref>[[Elaine Fantham]], "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see [[#Prosecutions\|"Prosecutions" below]].</ref>

	The law may have made ''stuprum'' against a minor a capital crime, but this is unclear: a large fine may have been imposed instead, as executions of Roman citizens were rarely imposed by a court of law during the Republic. The conflation of the ''Lex Scantinia'' with later or other restrictions on sexual behaviors has sometimes led to erroneous assertions that the Romans had strict laws and penalites against homosexuality in general.<ref>Jonathan Walters, "Invading the Roman Body," in ''Roman Sexualites'' (Princeton University Press, 1997), pp. 33–35, noting particularly the too-broad definition of the law by Adolf Berger, ''Encyclopedic Dictionary of Roman Law'' (American Philosophical Society, 1953, reprinted 1991), pp. 559 and 719, as prohibiting pederasty in general.</ref>		The law may have made ''stuprum'' against a minor a capital crime, but this is unclear: a large fine may have been imposed instead, as executions of Roman citizens were rarely imposed by a court of law during the Republic. The conflation of the ''Lex Scantinia'' with later or other restrictions on sexual behaviors has sometimes led to erroneous assertions that the Romans had strict laws and penalites against homosexuality in general.<ref>Jonathan Walters, "Invading the Roman Body," in ''Roman Sexualites'' (Princeton University Press, 1997), pp. 33–35, noting particularly the too-broad definition of the law by Adolf Berger, ''Encyclopedic Dictionary of Roman Law'' (American Philosophical Society, 1953, reprinted 1991), pp. 559 and 719, as prohibiting pederasty in general.</ref>

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	~~{{from Wikipedia\|http://en.wikipedia.org/wiki/Lex_Scantinia}}~~
	The '''''Lex Scantinia''''' (less often '''''Scatinia''''') is a poorly documented<ref>Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.</ref> ancient Roman law that penalized a sex crime ''([[Definitions of Roman legal terms\|stuprum]])'' against a freeborn male minor (''[[Definitions of Roman legal terms\|ingenuus]]'' or ''[[Sexuality in ancient Rome#Sexuality and children\|praetextatus]]'').<ref>McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.</ref> The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse ''(stuprum)'', but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or [[Greek love\|pederasts in the Hellenistic manner]].<ref>[[Elaine Fantham]], "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see [[#Prosecutions\|"Prosecutions" below]].</ref>		The '''''Lex Scantinia''''' (less often '''''Scatinia''''') is a poorly documented<ref>Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116, calls it a "notoriously elusive" law to which "scattered and vague references" are made in the ancient sources, in contrast to the well-documented ''Lex Julia de adulteriis coercendis''. See also Eva Cantarella, ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), p. 141; Amy Richlin, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), p. 224; John Boswell, ''Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the Beginning of the Christian Era to the Fourteenth Century'' (University of Chicago Press, 1980), pp. 63, 68.</ref> ancient Roman law that penalized a sex crime ''([[Definitions of Roman legal terms\|stuprum]])'' against a freeborn male minor (''[[Definitions of Roman legal terms\|ingenuus]]'' or ''[[Sexuality in ancient Rome#Sexuality and children\|praetextatus]]'').<ref>McGinn, ''Prostitution, Sexuality and the Law'', pp. 140–141; Richlin, ''The Garden of Priapus'', pp. 86, 224; Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 67, pointing out that this is the only certain provision of the law.</ref> The law may also have been used to prosecute adult male citizens who willingly took a passive role in having sex with other men. It was thus aimed at protecting the citizen's body from sexual abuse ''(stuprum)'', but did not prohibit homosexual behavior as such, as long as the passive partner was not a citizen in good standing. The primary use of the ''Lex Scantinia'' seems to have been harassing political opponents whose lifestyles opened them to criticism as passive homosexuals or [[Greek love\|pederasts in the Hellenistic manner]].<ref>[[Elaine Fantham]], "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," in ''Roman Readings: Roman Response to Greek Literature from Plautus to Statius and Quintilian'' (Walter de Gruyter, 2011), p. 138, and see [[#Prosecutions\|"Prosecutions" below]].</ref>

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	*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		*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

			{{from Wikipedia\|http://en.wikipedia.org/wiki/Lex_Scantinia}}
	[[Category:Ancient Rome]]		[[Category:Ancient Rome]]

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External links

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	*[http://web.upmf-grenoble.fr/Haiti/Cours/Ak/Leges/scantinia.html ''Lex Scantinia de nefanda venere'']		*[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''		*[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		*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


	[[Category:Ancient Rome]]		[[Category:Ancient Rome]]

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Etenne: /* History of the law */

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History of the law

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	==History of the law==		==History of the law==
	A Roman law (''lex'', plural ''leges'') was typically named after the official who proposed it, and never after a [[defendant]]. In 227 or 226 BC, Gaius Scantinius Capitolinus was put on trial for ~~sexually molesting~~ the ~~[[Marcus Claudius Marcellus (consul 196 BC)\|~~son]] of [[Marcus Claudius Marcellus]]; a certain irony would attend the ''Lex Scantinia'' if in fact he had been its proposer.<ref>Phang, ''Roman Military Service'', p. 278.</ref> It may be that a relative of Scantinius Capitolinus proposed the law in a display of probity to disassociate the ~~[[Roman naming conventions\|~~family name]] from the crime.<ref>Cantarella, ''Bisexuality in the Ancient World'', p. 111; Fantham, "''Stuprum:'' Public Attitudes and Penalties for Sexual Offences in Republican Rome," p. 139.</ref> The law has also been dated to 216 BC, when a Publius Scantinius was ~~[[College of Pontiffs\|~~pontifex]], or 149 BC.<ref>Cantarella, ''Bisexuality in the Ancient World'', p. 111; Phang, ''Roman Military Service'', p. 278. Cantarella rejects the proposal that the law be dated to 149.</ref> The earliest direct mention of it occurs in 50 BC, in the correspondence of Cicero,<ref>Phang, ''Roman Military Service'', p. 278..</ref> and it appears not at all in the ''~~[[Digest (Roman law)\|~~Digest]]''.<ref>Phang, ''Roman Military Service'', p. 279.</ref>		A Roman law (''lex'', plural ''leges'') was typically named after the official who proposed it, and never after a defendant. In 227 or 226 BC, Gaius Scantinius Capitolinus was put on trial for having sexual relations with the son of Marcus Claudius Marcellus; a certain irony would attend the ''Lex Scantinia'' if in fact he had been its proposer.<ref>Phang, ''Roman Military Service'', p. 278.</ref> It may be that a relative of Scantinius Capitolinus proposed the law in a display of probity to disassociate the family name from the crime.<ref>Cantarella, ''Bisexuality in the Ancient World'', p. 111; Fantham, "''Stuprum:'' Public Attitudes and Penalties for Sexual Offences in Republican Rome," p. 139.</ref> The law has also been dated to 216 BC, when a Publius Scantinius was pontifex, or 149 BC.<ref>Cantarella, ''Bisexuality in the Ancient World'', p. 111; Phang, ''Roman Military Service'', p. 278. Cantarella rejects the proposal that the law be dated to 149.</ref> The earliest direct mention of it occurs in 50 BC, in the correspondence of Cicero,<ref>Phang, ''Roman Military Service'', p. 278..</ref> and it appears not at all in the ''Digest''.<ref>Phang, ''Roman Military Service'', p. 279.</ref>


	==References==		==References==

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Prosecutions

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	==Prosecutions==		==Prosecutions==
	The infrequency with which the ''Lex Scantinia'' is invoked in the literary sources suggests that prosecutions during the ~~[[Roman Republic\|~~Republican era]] were aimed at harassing political opponents, while those during the reign of [[Domitian]] occurred in a general climate of political and moral crisis.<ref>Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," p. 231; Ray Laurence, ''Roman Passions: A History of Pleasure in Imperial Rome'' (Continuum, 2009, 2010), p. 68.</ref>		The infrequency with which the ''Lex Scantinia'' is invoked in the literary sources suggests that prosecutions during the Republican era were aimed at harassing political opponents, while those during the reign of [[Roman Emperors\|Domitian]] occurred in a general climate of political and moral crisis.<ref>Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," p. 231; Ray Laurence, ''Roman Passions: A History of Pleasure in Imperial Rome'' (Continuum, 2009, 2010), p. 68.</ref>

	Two letters written to Cicero by ~~[[Marcus~~ Caelius ~~Rufus\|Caelius]]~~<ref>''Ad familiares'' 8.12 and 8.14 (letters 97 and 98 in the numbering of [[D.R. Shackleton Bailey\|Shackleton Bailey]]).</ref> indicate that the law was used as a "political weapon";<ref>Richlin, ''The Garden of Priapus'', p.224.</ref> ancient Rome had no public prosecutors, and charges could be filed and prosecuted by any citizen with the legal expertise to do so. Abuse of the courts was reined in to some extent by the threat of ''[[~~Calumnia (~~Roman ~~law)~~\|calumnia]]'', a charge of [[malicious prosecution]],<ref>H. Galsterer, "The Administration of Justice," in The Cambridge Ancient History: The Augustan Empire, 43 B.C.–A.D. 69 (Cambridge University Press, 1996), p. 402.</ref> but retaliatory charges motivated by politics or personal enmity, as Caelius makes clear in this case, were not uncommon.<ref>Richlin, ''The Garden of Priapus'', p. 224.</ref> In 50 BC, Caelius was engaged in a feud with [[Appius Claudius Pulcher]], the ~~[[Roman~~ consul~~\|consul]]~~ of 54 BC and a current ~~[[Roman~~ censor~~\|censor]]~~, who had refused to lend him money and with whose ~~[[Clodia Metelli\|~~sister]] Caelius had a disastrous love affair.<ref>Marilyn Skinner, ''Clodia Metelli: The Tribune's Sister'' (Oxford University Press, 2011), pp. 101–102.</ref> Appius's term as censor was a moral "reign of terror" that stripped multiple ~~[[Roman senator\|~~senators]] and ~~[[equestrian order\|~~equestrians]] of their rank;<ref>[[D.R. Shackleton Bailey]], ''Cicero Epistulae ad familiares'' (Cambridge University Press, 1977), vol. 1, p. 432.</ref> sometime during the fall of that year he indicted<ref>The actual prosecutor was the obscure Sevius or Servius Pola.</ref> Caelius, a sitting [[curule aedile]], under the ''Lex Scantinia''. Caelius was happy to respond in kind. Both cases were presided over by the [[praetor~~]] [[~~Marcus Livius Drusus Claudianus]]—ironically, in the view of Caelius, since Drusus himself was "a notorious offender"<ref>Shackleton Bailey, ''Epistulae'', p. 433.</ref>—and evidently came to nothing.<ref>Michael C. Alexander, ''Trials in the Late Roman Republic, 149 BC to 50 BC'' (University of Toronto Press, 1990), pp. 167–168, records no outcome for either.</ref> "Few people," [[Eva Cantarella]] observed, "were completely free of suspicion in this area."<ref>Cantarella, ''Bisexuality in the Ancient World'', p. 107.</ref>		Two letters written to Cicero by Caelius<ref>''Ad familiares'' 8.12 and 8.14 (letters 97 and 98 in the numbering of [[D.R. Shackleton Bailey\|Shackleton Bailey]]).</ref> indicate that the law was used as a "political weapon";<ref>Richlin, ''The Garden of Priapus'', p.224.</ref> ancient Rome had no public prosecutors, and charges could be filed and prosecuted by any citizen with the legal expertise to do so. Abuse of the courts was reined in to some extent by the threat of ''[[Definitions of Roman legal terms\|calumnia]]'', a charge of malicious prosecution,<ref>H. Galsterer, "The Administration of Justice," in The Cambridge Ancient History: The Augustan Empire, 43 B.C.–A.D. 69 (Cambridge University Press, 1996), p. 402.</ref> but retaliatory charges motivated by politics or personal enmity, as Caelius makes clear in this case, were not uncommon.<ref>Richlin, ''The Garden of Priapus'', p. 224.</ref> In 50 BC, Caelius was engaged in a feud with Appius Claudius Pulcher, the consul of 54 BC and a current censor, who had refused to lend him money and with whose sister Caelius had a disastrous love affair.<ref>Marilyn Skinner, ''Clodia Metelli: The Tribune's Sister'' (Oxford University Press, 2011), pp. 101–102.</ref> Appius's term as censor was a moral "reign of terror" that stripped multiple senators and equestrians of their rank;<ref>D.R. Shackleton Bailey, ''Cicero Epistulae ad familiares'' (Cambridge University Press, 1977), vol. 1, p. 432.</ref> sometime during the fall of that year he indicted<ref>The actual prosecutor was the obscure Sevius or Servius Pola.</ref> Caelius, a sitting curule aedile, under the ''Lex Scantinia''. Caelius was happy to respond in kind. Both cases were presided over by the praetor Marcus Livius Drusus Claudianus —ironically, in the view of Caelius, since Drusus himself was "a notorious offender"<ref>Shackleton Bailey, ''Epistulae'', p. 433.</ref>—and evidently came to nothing.<ref>Michael C. Alexander, ''Trials in the Late Roman Republic, 149 BC to 50 BC'' (University of Toronto Press, 1990), pp. 167–168, records no outcome for either.</ref> "Few people," Eva Cantarella observed, "were completely free of suspicion in this area."<ref>Cantarella, ''Bisexuality in the Ancient World'', p. 107.</ref>

	Although the law remained on the books, it had been largely ignored<ref>As implied by Juvenal, ''Satire'' 2.43f.; Phang, ''Roman Military Service'', p. 279.</ref> until Domitian began to enforce it as part of his broad program of judicial reform. The crackdown on "[[public morals]]" included sexual offenses such as adultery and illicit sex ''([[incestum]])'' with a [[Vestal ~~Virgin\|Vestal]]~~, and several men from both the senatorial and equestrian order were condemned under the ''Lex Scantinia''.<ref>Suetonius, ''Life of Domitian'' [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/Suetonius/12Caesars/Domitian*.html#8 8.]</ref>		Although the law remained on the books, it had been largely ignored<ref>As implied by Juvenal, ''Satire'' 2.43f.; Phang, ''Roman Military Service'', p. 279.</ref> until Domitian began to enforce it as part of his broad program of judicial reform. The crackdown on "public morals" included sexual offenses such as adultery and illicit sex ''([[Definitions of Roman legal terms\|incestum]])'' with a Vestal, and several men from both the senatorial and equestrian order were condemned under the ''Lex Scantinia''.<ref>Suetonius, ''Life of Domitian'' [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/Suetonius/12Caesars/Domitian*.html#8 8.]</ref>

	[[Quintilian]]<ref>[[Quintilian]] ''Institutio Oratoria'' [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/Quintilian/Institutio_Oratoria/4B*.html#2.69 4.2.69]: "He assaulted a freeborn boy, and the latter hanged himself, but that is no reason for the author of the assault to be awarded capital punishment as having caused his death; he will instead pay 10,000 sesterces, the fine imposed by law for such a crime" ''(ingenuum stupravit et stupratus se suspendit: non tamen ideo stuprator capite ut causa mortis punietur, sed decem milia, quae poena stupratori constituta est, dabit)''.</ref> refers to a fine of 10,000 [[sesterces]] for committing ''stuprum'' with a freeborn male, sometimes construed as referring to the ''Lex Scantinia'',<ref>Sara Elise Phang, ''Roman Military Service: Ideologies of Discipline in the Late Republic and Early Principate'' (Cambridge University Press, 2008), p. 257.</ref> though the law is not named in the passage.<ref>Walters, "Invading the Roman Body," p. 34.</ref>		Quintilian<ref>Quintilian ''Institutio Oratoria'' [http://penelope.uchicago.edu/Thayer/E/Roman/Texts/Quintilian/Institutio_Oratoria/4B*.html#2.69 4.2.69]: "He assaulted a freeborn boy, and the latter hanged himself, but that is no reason for the author of the assault to be awarded capital punishment as having caused his death; he will instead pay 10,000 sesterces, the fine imposed by law for such a crime" ''(ingenuum stupravit et stupratus se suspendit: non tamen ideo stuprator capite ut causa mortis punietur, sed decem milia, quae poena stupratori constituta est, dabit)''.</ref> refers to a fine of 10,000 sesterces for committing ''stuprum'' with a freeborn male, sometimes construed as referring to the ''Lex Scantinia'',<ref>Sara Elise Phang, ''Roman Military Service: Ideologies of Discipline in the Late Republic and Early Principate'' (Cambridge University Press, 2008), p. 257.</ref> though the law is not named in the passage.<ref>Walters, "Invading the Roman Body," p. 34.</ref>

	==History of the law==		==History of the law==

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The law

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	==The law==		==The law==
	As [[John Boswell]] has noted, "if there was a law against homosexual relations, no one in [[Cicero]]'s day knew anything about it."<ref> Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 69.</ref> Although the ''Lex Scantinia'' is mentioned in several ancient sources,<ref>[[Cicero]], ''Ad familiares'' 8.12.3, 8.14.4; [[Suetonius]], ''Life of Domitian'' 8.3; [[Juvenal]], ''Satire'' 2, as noted by Richlin, ''The Garden of Priapus'', p. 224. Cantarella, ''Bisexuality'', p. 107, lists references in addition in the Christian writers [[Ausonius]], [[Tertullian]], and [[Prudentius]].</ref> its provisions are unclear. It penalized the debauchery ''(stuprum)'' of a youth, but may also have permitted the prosecution of citizens who chose to take the ~~[[Homosexuality in ancient Rome#Pathicus\|~~pathic]] ("passive" or "submissive") role in homosexual relations.<ref>Richlin, ''The Garden of Priapus'', p. 224; Catharine Edwards, ''The Politics of Immorality in Ancient Rome'' (Cambridge University Press, 1993), p. 71; Marguerite Johnson and Terry Ryan, ''Sexuality in Greek and Roman Society and Literature: A Sourcebook'' (Routledge, 2005), p. 7.</ref> [[Suetonius]] mentions the law in the context of punishments for those who are "unchaste," which for male citizens often implies pathic behavior;<ref>Richlin, ''The Garden of Priapus'', p. 224.</ref> [[Ausonius]] has an epigram in which a ''semivir'', "half-man," fears the ''Lex Scantinia''.<ref>Williams, ''Roman Homosexuality'', p. 125.</ref>		As John Boswell has noted, "if there was a law against homosexual relations, no one in Cicero's day knew anything about it."<ref> Boswell, ''Christianity, Social Tolerance, and Homosexuality'', p. 69.</ref> Although the ''Lex Scantinia'' is mentioned in several ancient sources,<ref>Cicero, ''Ad familiares'' 8.12.3, 8.14.4; Suetonius, ''Life of Domitian'' 8.3; Juvenal, ''Satire'' 2, as noted by Richlin, ''The Garden of Priapus'', p. 224. Cantarella, ''Bisexuality'', p. 107, lists references in addition in the Christian writers Ausonius, Tertullian, and Prudentius.</ref> its provisions are unclear. It penalized the debauchery ''(stuprum)'' of a youth, but may also have permitted the prosecution of citizens who chose to take the pathic ("passive" or "submissive") role in homosexual relations.<ref>Richlin, ''The Garden of Priapus'', p. 224; Catharine Edwards, ''The Politics of Immorality in Ancient Rome'' (Cambridge University Press, 1993), p. 71; Marguerite Johnson and Terry Ryan, ''Sexuality in Greek and Roman Society and Literature: A Sourcebook'' (Routledge, 2005), p. 7.</ref> Suetonius mentions the law in the context of punishments for those who are "unchaste," which for male citizens often implies pathic behavior;<ref>Richlin, ''The Garden of Priapus'', p. 224.</ref> Ausonius has an epigram in which a ''semivir'', "half-man," fears the ''Lex Scantinia''.<ref>Williams, ''Roman Homosexuality'', p. 125.</ref>

	It has sometimes been argued that the ''Lex Scantinia'' was mainly concerned with the ~~[[Sexuality in ancient Rome#The rape of men\|~~rape of freeborn youth]],<ref>Fantham, "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," p. 137.</ref> but the narrowness of this interpretation has been doubted.<ref>McGinn, ''Prostitution, Sexuality and the Law'', p. 141.</ref> The law may have codified traditional sanctions against ''stuprum'' involving men, as a forerunner to the ''~~[[Lex Julia#Augustan moral legislation\|~~Lex Julia de adulteriis coercendis]]'' that criminalized ~~[[Marriage in ancient Rome#Adultery\|~~adultery]] involving women.<ref>Williams, ''Roman Homosexuality'', pp. 122–126.</ref> The early Christian poet [[Prudentius]] makes a scathing joke that if ~~[[Jupiter (mythology)\|~~Jupiter]] had been subject to Roman law, he could have been convicted under both the Julian and the Scantinian laws.<ref>[[Prudentius]], ''Peristephanon'' 10.201–205; Williams, ''Roman Homosexuality'', p. 124.</ref>		It has sometimes been argued that the ''Lex Scantinia'' was mainly concerned with the rape of freeborn youth,<ref>Fantham, "''Stuprum'': Public Attitudes and Penalties for Sexual Offences in Republican Rome," p. 137.</ref> but the narrowness of this interpretation has been doubted.<ref>McGinn, ''Prostitution, Sexuality and the Law'', p. 141.</ref> The law may have codified traditional sanctions against ''stuprum'' involving men, as a forerunner to the ''Lex Julia de adulteriis coercendis'' that criminalized adultery involving women.<ref>Williams, ''Roman Homosexuality'', pp. 122–126.</ref> The early Christian poet Prudentius makes a scathing joke that if Jupiter had been subject to Roman law, he could have been convicted under both the Julian and the Scantinian laws.<ref>Prudentius, ''Peristephanon'' 10.201–205; Williams, ''Roman Homosexuality'', p. 124.</ref>

	Only youths from freeborn families in good standing were protected under the law; <ref>Walters, "Invading the Roman Body," pp. 34–35; Richlin, ''The Garden of Priapus'', p. 224.</ref> children born or sold into slavery, or those who fell into slavery through military conquest, were subject to prostitution or ~~[[Sexuality in ancient Rome#Master-slave relations\|~~sexual use by their masters]]. Male prostitutes and entertainers, even if technically "free," were considered ''[[~~Sexuality in ancient Rome#Pleasure and infamy~~\|infames]]'', of no social standing, and were also excluded from the protections afforded the citizen's body. Although male slaves were sometimes granted freedom in recognition of a favored sexual relationship with their master, in some cases of genuine affection they may have remained legally slaves, since under the ''Lex Scantinia'' the couple could have been prosecuted if both were free citizens.<ref>James L. Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," in ''Same-Sex Desire and Love in Greco-Roman Antiquity and in the Classical Tradition'' (Haworth Press, 2005), pp. 234–236.</ref>		Only youths from freeborn families in good standing were protected under the law; <ref>Walters, "Invading the Roman Body," pp. 34–35; Richlin, ''The Garden of Priapus'', p. 224.</ref> children born or sold into slavery, or those who fell into slavery through military conquest, were subject to prostitution or sexual use by their masters. Male prostitutes and entertainers, even if technically "free," were considered ''[[Definitions of Roman legal terms\|infames]]'', of no social standing, and were also excluded from the protections afforded the citizen's body. Although male slaves were sometimes granted freedom in recognition of a favored sexual relationship with their master, in some cases of genuine affection they may have remained legally slaves, since under the ''Lex Scantinia'' the couple could have been prosecuted if both were free citizens.<ref>James L. Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," in ''Same-Sex Desire and Love in Greco-Roman Antiquity and in the Classical Tradition'' (Haworth Press, 2005), pp. 234–236.</ref>

	==Prosecutions==		==Prosecutions==

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	== Further reading ==		== Further reading ==
	*Joh. Frid. Christ. (1726), ''Historia legis Scantiniae'' ("History of ''Lex Scantinia''")		*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'')		*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")		*Münzer's (1921) entry for ''Scantinius'' in: Pauly-Wissowa (ed.), ''Realencyclopädie der Classischen Altertumswissenschaft'' ("Specialist Encyclopedia of Classical Ancient Philology")
	*Article on ''struprum cum masculo'' by W. Kroll in Pauly-Wissowa (ed.), ''Realencyclopädie der Classischen Altertumswissenschaft'', 1921		*Article on ''struprum cum masculo'' by W. Kroll in Pauly-Wissowa (ed.), ''Realencyclopädie der Classischen Altertumswissenschaft'', 1921
	*Article ''Päderastie'' by M. H. E. Meier in Ersch & Gruber (eds.), ''Allgemeine Encyclopädie der Wissenschaften und Künste''		*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		*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\|Tabu Homosexualität - Die Geschichte eines Vorurteils]]'' ("The taboo of homosexuality: The history of a prejudice"), 1978, p. 187-196		*Gisela Bleibtreu-Ehrenberg, ''Tabu Homosexualität\|Tabu Homosexualität - Die Geschichte eines Vorurteils'' ("The taboo of homosexuality: The history of a prejudice"), 1978, p. 187-196
	*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		*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