{"title":"In Flagrante Delicto: On the Legal Implications of Sight","authors":"L. de Boer","doi":"10.1353/are.2023.a899549","DOIUrl":null,"url":null,"abstract":"Abstract:The distinction between manifest and non-manifest delicts, and the differentiated regime of punishment attached to it, is attested in all ancient legal systems. And yet, already in antiquity, it assumed the status of a mystery: why punish more severely, only because the criminal had been caught in flagrante? This article examines the extant evidence on the flagrant delict through the prism of a cross-cultural legal rite of ligation and in close conjunction with conceptions of judicial vision, secrecy, and crime to suggest that the distinction is expressive of the legal power of sight: the crime seen to be done is worse.","PeriodicalId":44750,"journal":{"name":"ARETHUSA","volume":"56 1","pages":"116 - 77"},"PeriodicalIF":0.2000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"ARETHUSA","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1353/are.2023.a899549","RegionNum":3,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"CLASSICS","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract:The distinction between manifest and non-manifest delicts, and the differentiated regime of punishment attached to it, is attested in all ancient legal systems. And yet, already in antiquity, it assumed the status of a mystery: why punish more severely, only because the criminal had been caught in flagrante? This article examines the extant evidence on the flagrant delict through the prism of a cross-cultural legal rite of ligation and in close conjunction with conceptions of judicial vision, secrecy, and crime to suggest that the distinction is expressive of the legal power of sight: the crime seen to be done is worse.
期刊介绍：
Arethusa is known for publishing original literary and cultural studies of the ancient world and of the field of classics that combine contemporary theoretical perspectives with more traditional approaches to literary and material evidence. Interdisciplinary in nature, this distinguished journal often features special thematic issues.
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