Prostitution, Sexuality, and the Law in Ancient Rome / Edition 2

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This is a study of the legal rules affecting the practice of female prostitution at Rome approximately from 200 B.C. to A.D. 250. It examines the formation and precise content of the legal norms developed for prostitution and those engaged in this profession, with close attention to their social context. McGinn's unique study explores the "fit" between the law-system and the socio-economic reality while shedding light on important questions concerning marginal groups, marriage, sexual behavior, the family, slavery, and citizen status, particularly that of women.

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Editorial Reviews

From the Publisher
"Thomas A. J. McGinn's erudite study of the legal rules affecting female prostitution from 200 B.C.E. to 250 C.E. is...particularly welcome....McGinn's mastery of Roman legal scholarship is most impressive....this is an impressive work that will long remain the central reference point for anyone studying Roman prostitution."—American Historical Review

"This is the first serious and detailed study of prostitution as it existed throughout the Roman world, covering the period 200 BCE to 250 CE...This book is a must for serious scholars who want to understand the Roman social world."—Religious Studies Review

"McGinn's greatest contribution is his discussion of critical methodologies and his insistence on looking at the fullest social and political contexts within which prostitution existed."—Choice

"The author has done extensive comparative reading on a wide range of subjects... and displays an impressive breadth of legal knowledge throughout...[this book] provides a solid and excellent base on which to build future studies of prostitution in Roman antiquity." The Classical Outlook

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Product Details

  • ISBN-13: 9780195161328
  • Publisher: Oxford University Press
  • Publication date: 1/30/2003
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 436
  • Product dimensions: 9.10 (w) x 6.10 (h) x 1.10 (d)

Table of Contents

Dedication Page.
Chapter One: Introduction.
1. Design of the Book.
2. Law in Society.
3. Problems of Non-Legal Evidence.
4. Honor and Shame.
5. Marginal Status.
6. Defining Prostition.
7. Prostitution, Sexuality and the Law.
Chapter Two: Civic Disabilities: The Status of Prostitutes and Pimps as Roman Citizens.
1. Women and Citizenship.
2. Religious, Political, and Civic Disabilities Imposed on Prostitutes and Pimps.
3. Disabilities at Law.
4. The Core of Infamia and the Community of Honor.
Chapter Three: The Lex Iulia et Papia.
1. The Statute.
2. Marriage with Prostitutes Before Augustus.
3. The Terms of the Lex Iulia et Papia Regarding Marriage with Practitioners of Prostitution.
4. Conclusion: Marriage Practice and Possibilities.
Chapter Four: Emporors, Jurists, and the Lex Iulia et Papia.
1. Introduction.
2. Subsequent Legislation.
3. Juristic Interpretation.
Chapter Five: The Lex Iulia de Adulteriis Coercendis.
1. The Statute.
2. The Status of Mater Familias.
3. The Adultera as Prostitute.
4. Lenocinium.
5. Exemptions.
6. Pimps, Prostitutes and the Ius Occidendi.
7. Social Policy and the Lex Iulia on Adultery.
Chapter Six: Emperors, Jurists, and the Lex Iulia de Adulteriis Coercendis.
1. Introduction.
2. Subsequent Legislation.
3. Juristic Interpretation.
4. Conclusion: The Law on Adultery and the Policy-making Elite.
Chapter Seven: The Taxation of Roman Prostitutes.
1. Introduction.
2. The Evidence for Caligula's Introduction of the Tax.
3. Caligula's Motives for Introducing the Tax.
4. Methods of Collection.
5. The Rate of the Tax.
6. Criticism of the Tax.
7. Fictional Criticism and Later History of the Tax.
8. Two Special Cases: Egypt and Palmyra.
9. Conclusion.
Chapter Eight: Ne Serva Prostituatur: Restrictive Covenants in the Sale of Slaves.
1. Introduction.
2. Four Covenants.
3. Migration and Manumission.
4. Ne Serva Prostituatur: History.
5. Ne Serva and Prostitution.
6. Ne Serva and Slavery.
7. Honor and Shame.
8. Conclusion.
Chapter Nine: Introduction to Prostitution and the Law of the Jurists.
1. Introduction.
2. Damaged Goods: Fiducia/Pledge.
3. Good Money After Bad: Inheritance, Mandate, and Usucapio on Sale.
4. An Honest Day's Wage: Condictio.
5. Coveting Thy Neighbor's Harlot: Theft and Wrongful Appropriation of Slave Prostitutes.
6. All Honorable Men: The Petitio Hereditatis, Compromissum, and Operae.
7. Sexual Harassment: Injuria.
8. Diamonds Are Forever: Donatio.
Chapter Ten: Conclusion.
1. Summary of Findings.
2. Prostition and the Law.
3. Public Policy.
4. Society and the Law.
5. Unity in Diversity.

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