The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has had different salience, and been understood differently, from place to place and time to time. The volume brings together essays from an international array of experts in law and religion, in order to examine the public/private distinction in comparative perspective. The essays focus on the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam. Particular attention is given to the private exercise of religion, the relation between public norms and private life, and the division between public and private space and the place of religion therein.

Roman religion has long presented a number of challenges to historians approaching the subject from a perspective framed by the three Abrahamic religions. The Romans had no sacred text that espoused its creed or offered a portrait of its foundational myth. They described relations with the divine using technical terms widely employed to describe relations with other humans. Indeed, there was not even a word in classical Latin that corresponds to the English word religion. In The Gods, the State, and the Individual, John Scheid confronts these and other challenges directly. If Roman religious practice has long been dismissed as a cynical or naive system of borrowed structures unmarked by any true piety, Scheid contends that this is the result of a misplaced expectation that the basis of religion lies in an individual's personal and revelatory relationship with his or her god. He argues that when viewed in the light of secular history as opposed to Christian theology, Roman religion emerges as a legitimate phenomenon in which rituals, both public and private, enforced a sense of communal, civic, and state identity. Since the 1970s, Scheid has been one of the most influential figures reshaping scholarly understanding of ancient Roman religion. The Gods, the State, and the Individual presents a translation of Scheid's work that chronicles the development of his field-changing scholarship.

While ancient states are often characterized in terms of the powers that they claimed to possess, the contributors to this book argue that they were in fact fundamentally weak, both in the exercise of force outside of war and in the infrastructural and regulatory powers that such force would, in theory, defend. In Ancient States and Infrastructural Power a distinguished group of scholars examines the ways in which early states built their territorial, legal, and political powers before they had the capabilities to enforce them. The volume brings Greek and Roman historians together with specialists on early Mesopotamia, late antique Persia, ancient China, Visigothic Iberia, and the Inca empire to compare various models of state power across regional and disciplinary divisions. How did the polis become the body that regulates property rights? Why did Chinese and Persian states maintain aristocracies that sometimes challenged their autocracies? How did Babylon and Rome promote the state as the custodian of moral goods? In worlds without clear borders, how did societies from Rome to Byzantium come to share legal and social identities rooted in concepts of territory? From the Inca empire to Visigothic Iberia, why did tributary practices reinforce territorial ideas about membership? Contributors address how states first claimed and developed the ability to delineate territory, promote laws, and establish political identity; and they investigate how the powers that states appropriated came to be seen as their natural and normal domain. Contributors: Clifford Ando, R. Alan Covey, Damian Fernandez, Anthony Kaldellis, Emily Mackil, Richard Payne, Seth Richardson, Wang Haicheng, John Weisweiler.

The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in "Law, Language, and Empire in the Roman Tradition," the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield.Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools--most prominently analogy and fiction--used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought.In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.

The Roman empire remains unique. Although Rome claimed to rule the world, it did not. Rather, its uniqueness stems from the culture it created and the loyalty it inspired across an area that stretched from the Tyne to the Euphrates. Moreover, the empire created this culture with a bureaucracy smaller than that of a typical late-twentieth-century research university. In approaching this problem, Clifford Ando does not ask the ever-fashionable question, Why did the Roman empire fall? Rather, he asks, Why did the empire last so long? Imperial Ideology and Provincial Loyalty in the Roman Empire argues that the longevity of the empire rested not on Roman military power but on a gradually realized consensus that Roman rule was justified. This consensus was itself the product of a complex conversation between the central government and its far-flung peripheries. Ando investigates the mechanisms that sustained this conversation, explores its contribution to the legitimation of Roman power, and reveals as its product the provincial absorption of the forms and content of Roman political and legal discourse. Throughout, his sophisticated and subtle reading is informed by current thinking on social formation by theorists such as Max Weber, Jurgen Habermas, and Pierre Bourdieu.

This title presents a pioneering history of this 'period of crisis' for the Roman Empire. The Roman empire during the period framed by the accession of Septimus Severus in 193 and the rise of Diocletian in 284 has conventionally been regarded as one of crisis. Between 235 and 284, at least 18 men held the throne of the empire, for an average of less than three years, a reckoning which does not take into account all the relatives and lieutenants with whom those men shared power. Compared to the century between the accession of Nerva and the death of Commodus, this appears to be a period of near unintelligibility. The middle of the century also witnessed catastrophic, if temporary, ruptures in the territorial integrity of the empire. Large portions of the eastern and western halves of the empire passed under the control of powers and principalities who assumed the mantle of Roman government and exercised meaningful and legitimate power over millions. Even those regions that remained Roman were subjected to deprivation and pillage by invading armies. The Roman peace, which had become in the last instance the justification for empire, had been shattered. Clifford Ando describes and integrates the contrasting histories of different parts of the empire and assesses the impacts of administrative, political and religious change. It follows Rome's confrontation and conflict with a new world power, Sassanian Persia, in which two Roman emperors lost their lives. It devotes special attention to legal history. It examines the changing nature of religious pluralism and the Christian persecutions.

What did the Romans know about their gods? Why did they perform the rituals of their religion, and what motivated them to change those rituals? To these questions Clifford Ando proposes simple answers: In contrast to ancient Christians, who had faith, Romans had knowledge, and their knowledge was empirical in orientation. In other words, the Romans acquired knowledge of the gods through observation of the world, and their rituals were maintained or modified in light of what they learned. After a preface and opening chapters that lay out this argument about knowledge and place it in context, "The Matter of the Gods "pursues a variety of themes essential to the study of religion in history.

Imperial and Local Citizenship in the Long Second Century CE offers a radical new history of Roman citizenship in the long century before Caracalla's universal grant of citizenship in 212 CE. Earlier work portrayed the privileges of citizen status in this period as eroded by its wide diffusion. Building on recent scholarship that has revised downward estimates for the spread of citizenship, this work investigates the continuing significance of Roman citizenship in the domains of law, economics and culture. From the writing of wills to the swearing of oaths and crafting of marriage, Roman citizens conducted affairs using forms and language that were often distinct from the populations among which they resided. Attending closely to patterns at the level of province, region and city, this volume offers a new portrait of the early Roman empire: a world that sustained an exclusive regime of citizenship in a context of remarkable political and cultural integration.

The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.

This book introduces students to the complex and foreign world of Roman religion and to major trends in its study. Praised in the Enlightenment for its supposed tolerance, it has been vilified for persecuting the early Christians. It professed a profound conservatism and yet received myths from Greece and Asia and gods from every corner of the Empire. Clifford Ando presents fourteen papers on central topics in the study of Roman religion and its connections with Roman literature, history and culture. Subjects treated include the nature and development of religious authority and religious institutions; the control of space and time; and religion's role in fashioning Roman identity. Also under discussion is the narration and analysis of Rome's transition from Republic to Empire. In introducing the volume and its individual parts, Clifford Ando considers issues of method and substance arising from the study of Roman religion and places each chapter in context. His selection of papers illustrates a range from approaches from Europe, Britain and America during a century of scholarship. Four papers are published in English for the first time. The book includes a chronology, biographical dictionary, glossary and guide to further reading; all passages of ancient languages are translated.

The Roman empire remains unique. Although Rome claimed to rule the world, it did not. Rather, its uniqueness stems from the culture it created and the loyalty it inspired across an area that stretched from the Tyne to the Euphrates. Moreover, the empire created this culture with a bureaucracy smaller than that of a typical late-twentieth-century research university. In approaching this problem, Clifford Ando does not ask the ever-fashionable question, Why did the Roman empire fall? Rather, he asks, Why did the empire last so long?
"Imperial Ideology and Provincial Loyalty in the Roman Empire" argues that the longevity of the empire rested not on Roman military power but on a gradually realized consensus that Roman rule was justified. This consensus was itself the product of a complex conversation between the central government and its far-flung peripheries. Ando investigates the mechanisms that sustained this conversation, explores its contribution to the legitimation of Roman power, and reveals as its product the provincial absorption of the forms and content of Roman political and legal discourse. Throughout, his sophisticated and subtle reading is informed by current thinking on social formation by theorists such as Max Weber, Jurgen Habermas, and Pierre Bourdieu.