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material since the Midterm. Below are pasted
the essay prompts, from which you’ll choose
just one to write a legal-historical essay on.
Exactly how much you write in your essay will
vary, but your answers will generally be about
250–300 words long. Again, we won’t be
counting words—this standard is to inform and
to assist you, but if your answer is obviously
shorter than 250 words, points may be taken
off.
SECTION TWO, ESSAY. Fifty points total.
Please select one prompt to analyze from the
following eight prompts. Please write a succinct
but comprehensive legal historical analysis of
the passage you choose-aim for about
250-300 words long. Besides the analysis itself,
please include at least the following: an
identification of the larger work from which the
excerpt is drawn; a rough or relative date for
that work, and the historical context in which it
was produced. Please take a few minutes to
outline your answer, if you haven’t already.
Please use specific examples to illustrate your
assertions and above all think critically:
1. “These actions…. followed the words of
the law, and therefore, like the law itself,
were observed without any alteration.
Hence, it was decided that a person who
brought an action against another for
cutting his vines, and in the pleadings
called them ‘vines,’ should lose his case,
because he ought to have called them
‘trees,’ because the XI/ Tables, under
which the action for cutting vines was
brought, speaks…of the cutting of trees
1 –
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Final Exam: HST 302 An... ^
250-300 words long. Besides the analysis itself,
please include at least the following: an
identification of the larger work from which the
excerpt is drawn; a rough or relative date for
that work, and the historical context in which it
was produced. Please take a few minutes to
outline your answer, if you haven't already.
Please use specific examples to illustrate your
assertions and above all think critically:
1. "These actions.... followed the words of
the law, and therefore, like the law itself,
were observed without any alteration.
Hence, it was decided that a person who
brought an action against another for
cutting his vines, and in the pleadings
called them 'vines,' should lose his case,
because he ought to have called them
'trees,' because the XII Tables, under
which the action for cutting vines was
brought, speaks...of the cutting of trees"
2. "It is proper that the power of masters
over their slaves should remain
unimpaired, and that no man should be
deprived of his right; but it is to the
interest of the masters themselves that
relief from cruelty, hunger, or intolerable
injury, should not be denied to those who
justly implore it. Therefore, take note of
the complaints of those slaves of Julius
Sabinus who fled for refuge to the
Imperial statue; and if you find that they
have been treated with greater severity
than was proper, or subjected to
disgraceful outrage, order them to be
sold, under such conditions that they
may not be restored to the power of their
master; and if he violates this, let him
know that he will be more severely
punished"
9:47
..5G E
< Sent
Final Exam: HST 302 An... ^
250-300 words long. Besides the analysis itself,
please include at least the following: an
identification of the larger work from which the
excerpt is drawn; a rough or relative date for
that work, and the historical context in which it
was produced. Please take a few minutes to
outline your answer, if you haven't already.
Please use specific examples to illustrate your
assertions and above all think critically:
1. "These actions.... followed the words of
the law, and therefore, like the law itself,
were observed without any alteration.
Hence, it was decided that a person who
brought an action against another for
cutting his vines, and in the pleadings
called them 'vines,' should lose his case,
because he ought to have called them
'trees,' because the XII Tables, under
which the action for cutting vines was
brought, speaks...of the cutting of trees"
2. "It is proper that the power of masters
over their slaves should remain
unimpaired, and that no man should be
deprived of his right; but it is to the
interest of the masters themselves that
relief from cruelty, hunger, or intolerable
injury, should not be denied to those who
justly implore it. Therefore, take note of
the complaints of those slaves of Julius
Sabinus who fled for refuge to the
Imperial statue; and if you find that they
have been treated with greater severity
than was proper, or subjected to
disgraceful outrage, order them to be
sold, under such conditions that they
may not be restored to the power of their
master; and if he violates this, let him
know that he will be more severely
punished"
9:47
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Final Exam: HST 302 An... A
V
UVIU, UmUUT VUUT VTUNUTTU ut my
may not be restored to the power of their
master; and if he violates this, let him
know that he will be more severely
punished"
3. "Women are placed in the hand of their
husbands by confarreatio, through a kind
of sacrifice made to Jupiter Farreus, in
which a loaf is used, whence the
ceremony gets its name. Besides this, to
perform the ceremony, many other things
are done and take place, accompanied
with certain solemn words, in the
presence of ten witnesses. This law is
still in force in our time, for the
principal flamines, that is to say, those of
Jupiter, Mars, and Quirinus, as well as
the chief of the sacred rites, are
exclusively selected from persons born
of marriages celebrated by confarreatio.
Nor can these persons themselves serve
as priests without marriage
by confarreatio"
4. "In my sixth and seventh consulships,
(28-27 BCE) when I had extinguished
the flames of civil war, after receiving by
universal consent the absolute control of
affairs, I transferred the republic from my
own control to the will of the Senate and
the Roman people....After that time I
took precedence of all in auctoritas, but
of power (potestas) I possessed no more
than those who were my colleagues in
any magistracy”
IC
.
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Final Exam: HST 302 An... ^
than those who were my colleagues in
any magistracy"
5. "If any woman should commit adultery, it
must be inquired whether she was the
mistress of a tavern or a servant girl and
thus in the performance of her servile
duty she herself frequently served the
wines of intemperance....chastity is
required only of those women who are
held by the bonds of law, but those who,
because of their low status in life are not
deemed worthy of the consideration of
the laws, shall be immune from judicial
severity"
6. "Under the Cornelian Law, the degree of
[culpability] depends upon the act, but by
this law gross negligence is not
considered [culpability). Therefore, if
anyone precipitates himself from a height
and falls upon another and kills him, or if
a man trimming trees throws down a
branch and does not give warning, but
kills a passerby, he will not be liable to
punishment under this law”
7. “Yet [this] proposal seems to me, I
wouldn't say cruel (for what could be
cruel in the case of such men?), but
foreign to the customs of our
country.... But, you may say, who will
complain of a decree which is passed
against traitors to their country? Time, I
answer, the lapse of years, and Fortune,
whose caprice rules the nations.... All bad
precedents have originated in cases
which were good; but when the control of
the government falls into the hands of
men who are incompetent or bad, your
new precedent is transferred from those
who deserve such punishment to the
undeserving and blameless"
8. "Wherefore, if it is the part of a virtuous
consul when he sees all the bulwarks of
the republic undermined and weakened,
to come to the assistance of his country;
to bring help to the safety and fortunes of
all men; to implore the good faith of the
citizens; to think his own safety of
secondary consideration when put in
competition with the common safety of
all; it is the part also of virtuous and
fearless citizens, such as you have
shown yourself in all the emergencies of
the republic, to block up all the avenues
for sedition, to fortify the bulwarks of the
state, to think that the supreme power is
vested in the consuls, the supreme
wisdom in the senate; and to judge the
man who acts in obedience to them,
worthy of praise and honor, rather than
of condemnation and punishment"
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Final Exam: HST 302 An... ^
than those who were my colleagues in
any magistracy"
5. "If any woman should commit adultery, it
must be inquired whether she was the
mistress of a tavern or a servant girl and
thus in the performance of her servile
duty she herself frequently served the
wines of intemperance....chastity is
required only of those women who are
held by the bonds of law, but those who,
because of their low status in life are not
deemed worthy of the consideration of
the laws, shall be immune from judicial
severity"
6. "Under the Cornelian Law, the degree of
[culpability] depends upon the act, but by
this law gross negligence is not
considered [culpability). Therefore, if
anyone precipitates himself from a height
and falls upon another and kills him, or if
a man trimming trees throws down a
branch and does not give warning, but
kills a passerby, he will not be liable to
punishment under this law”
7. “Yet [this] proposal seems to me, I
wouldn't say cruel (for what could be
cruel in the case of such men?), but
foreign to the customs of our
country.... But, you may say, who will
complain of a decree which is passed
against traitors to their country? Time, I
answer, the lapse of years, and Fortune,
whose caprice rules the nations.... All bad
precedents have originated in cases
which were good; but when the control of
the government falls into the hands of
men who are incompetent or bad, your
new precedent is transferred from those
who deserve such punishment to the
undeserving and blameless"
Purchase answer to see full
attachment
Explanation & Answer:
250 words
Tags:
culpability
Cornelian Law
nefarious offense
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