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Crime and Forgiveness
Christianizing Execution in Medieval Europe
Adriano Prosperi
Harvard University Press, 2020

A provocative analysis of how Christianity helped legitimize the death penalty in early modern Europe, then throughout the Christian world, by turning execution into a great cathartic public ritual and the condemned into a Christ-like figure who accepts death to save humanity.

The public execution of criminals has been a common practice ever since ancient times. In this wide-ranging investigation of the death penalty in Europe from the fourteenth to the eighteenth century, noted Italian historian Adriano Prosperi identifies a crucial period when legal concepts of vengeance and justice merged with Christian beliefs in repentance and forgiveness.

Crime and Forgiveness begins with late antiquity but comes into sharp focus in fourteenth-century Italy, with the work of the Confraternities of Mercy, which offered Christian comfort to the condemned and were for centuries responsible for burying the dead. Under the brotherhoods’ influence, the ritual of public execution became Christianized, and the doomed person became a symbol of the fallen human condition. Because the time of death was known, this “ideal” sinner could be comforted and prepared for the next life through confession and repentance. In return, the community bearing witness to the execution offered forgiveness and a Christian burial. No longer facing eternal condemnation, the criminal in turn publicly forgave the executioner, and the death provided a moral lesson to the community.

Over time, as the practice of Christian comfort spread across Europe, it offered political authorities an opportunity to legitimize the death penalty and encode into law the right to kill and exact vengeance. But the contradictions created by Christianity’s central role in executions did not dissipate, and squaring the emotions and values surrounding state-sanctioned executions was not simple, then or now.

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The Invention of Law in the West
Aldo Schiavone
Harvard University Press, 2010

Law is a specific form of social regulation distinct from religion, ethics, and even politics, and endowed with a strong and autonomous rationality. Its invention, a crucial aspect of Western history, took place in ancient Rome. Aldo Schiavone, a world-renowned classicist, reconstructs this development with clear-eyed passion, following its course over the centuries, setting out from the earliest origins and moving up to the threshold of Late Antiquity.

The invention of Western law occurred against the backdrop of the Roman Empire's gradual consolidation—an age of unprecedented accumulation of power which transformed an archaic predisposition to ritual into an unrivaled technology for the control of human dealings. Schiavone offers us a closely reasoned interpretation that returns us to the primal origins of Western legal machinery and the discourse that was constructed around it—formalism, the pretense of neutrality, the relationship with political power. This is a landmark work of scholarship whose influence will be felt by classicists, historians, and legal scholars for decades.

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The Pursuit of Equality in the West
Aldo Schiavone
Harvard University Press, 2022

One of the world’s foremost historians of Western political and legal thought proposes a bold new model for thinking about equality at a time when its absence threatens democracies everywhere.

How much equality does democracy need to survive? Political thinkers have wrestled with that question for millennia. Aristotle argued that some are born to command and others to obey. Antiphon believed that men, at least, were born equal. Later the Romans upended the debate by asking whether citizens were equals not in ruling but in standing before the law. Aldo Schiavone guides us through these and other historical thickets, from the first democracy to the present day, seeking solutions to the enduring tension between democracy and inequality.

Turning from Antiquity to the modern world, Schiavone shows how the American and the French revolutions attempted to settle old debates, introducing a new way of thinking about equality. Both the French revolutionaries and the American colonists sought democracy and equality together, but the European tradition (British Labour, Russian and Eastern European Marxists, and Northern European social democrats) saw formal equality—equality before the law—as a means of obtaining economic equality. The American model, in contrast, adopted formal equality while setting aside the goal of economic equality.

The Pursuit of Equality in the West argues that the United States and European models were compatible with industrial-age democracy, but neither suffices in the face of today’s technological revolution. Opposing both atomization and the obsolete myths of the collective, Schiavone thinks equality anew, proposing a model founded on neither individualism nor the erasure of the individual but rather on the universality of the impersonal human, which coexists with the sea of differences that makes each of us unique.

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Spartacus
Aldo Schiavone
Harvard University Press, 2013

Spartacus (109?–71 BCE), the slave who rebelled against Rome, has been a source of endless fascination: the subject of myth-making in his own time, and of movie-making in ours. Hard facts about the man have always yielded to romanticized tales and mystifications. In this riveting, compact account, Aldo Schiavone rescues Spartacus from the murky regions of legend and brings him squarely into the arena of serious history.

Schiavone transports us to Italy in the first century BCE, where the pervasive institution of slavery dominates all aspects of Roman life. In this historic landscape, carefully reconstructed by the author, we encounter Spartacus, who is enslaved after deserting from the Roman army to avoid fighting against his native Thrace. Imprisoned in Capua and trained as a gladiator, he leads an uprising that will shake the empire to its foundations.

While the grandeur of the Spartacus story has always been apparent, its political significance has been less clear. What were his ambitions? Often depicted as the leader of a class rebellion that was fierce in intent but ragtag in makeup and organization, Spartacus emerges here in a very different light: the commander of an army whose aim was to incite Italy to revolt against Rome and to strike at the very heart of the imperial system. Surprising, persuasive, and highly original, Spartacus challenges the lore and illuminates the reality of a figure whose achievements, and whose ultimate defeat, are more extraordinary and moving than the fictions we make from them.

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