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Leofranc Holford-Strevens, "Getting away
with murder: the literary and forensic fortune of two Roman exempla,"
IJCT 7 (2000-2001), pp. 484-514.
Valerius Maximus tells two stories of women who, having killed
close relations to avenge murders committed by their victims, were
brought before a court but neither acquitted nor convicted. Of these
stories, the second, concerning a woman from Smyrna whose case was
adjourned by the Areopagus for a hundred years, enjoyed a literary
fortune, being taken up by Aulus Gellius and from him by Ammianus
Marcellinus, John of Salisbury, Rabelais, and Montaigne; the only
author to take the woman’s sex into account, John of Salisbury,
held that she was in the wrong. However, it was from Valerius that
the two stories passed into sixteenth- and seventeenth-century civilian
jurisprudence, which used them, without consideration of their subjects’
gender, to illustrate the principle of iustus dolor, or
justified grief, as a defence or mitigation in cases of homicide;
the Woman of Smyrna was even exploited, with a misrepresentation
of the facts, to defend the conduct of Guido Franceschini in the
case that gave rise to Browning’s poem The Ring and the
Book.
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