In the introduction, I discuss the problems scholars experience in trying to define the concept of Roman friendship. I argue that amicitia cannot be equated with patronage, and present justification based on some primary literature. Brief words are then offered on the sociology of friendship, and an attempt is made to relate ideas from modern sociology to ancient friendship. The first chapter is based on the Letters of Pliny the Younger, and begins with an analysis of the vocabulary employed by Pliny in describing his friendships. This is considered in conjunction with prosopographical data in order to establish the connection between vocabulary and practice. The derived results are used to conclude that friendship in the Roman world was more involved than simply patronage, and that it was one of the driving forces behind Roman social behaviour as it helps to integrate different levels of society. Chapter two follows a similar methodology, with the correspondence of Fronto as its focus. The conclusions drawn in this chapter are used to reinforce the arguments presented in the first. Also included in chapter two is a brief discussion of the ancient philosophical approaches to friendship, and a solution is presented to resolve the differences between philosophical ideals and the reality of friendship. The third chapter begins with an examination of the secondary literature on the concept of friendship with the emperor. I maintain that scholarship is lacking in this field because it neglects the personal nuances such relationships could have. The chapter then turns to Pliny’s Panegyricus to determine his attitude regarding this issue, which is used as evidence against some modern interpretations of aristocratic perceptions of the emperor. Pliny’s exchanges with Trajan are subsequently analyzed, and it is argued that it was as subject/ruler that Pliny and Trajan defined their association. Chapter four discusses the relationship Fronto shared with the Antonine emperors. I contend that Fronto related differently with each and experienced different levels of intimacy, which points to the importance of personal connections, even with people as uniquely powerful as emperors. I also conclude from this that even emperors were not above the rules and practices of friendship. The concluding remarks draw attention to the advantages of exploring Roman social relationships through the prism of friendship, as opposed to the traditional perspective of patronage. Some future avenues of research are also suggested.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

The thesis deals with the recovery of benefits that have been transferred under illegal or immoral transactions, in particular from the perspective of the law of unjustified enrichment. The rules governing this area of law in all the legal systems that are studied originate in classical Roman law, which principally granted a remedy for the recovery of benefits conferred under a tainted cause (the so-called <i>condictio ob turpem vel iniustam causam</i>). Only where both parties were involved in an immoral transaction was recovery barred, according to the maxim <i>in pari delicto potior est possidentis</i>. However, modern law usually applies the bar to recovery not only to immoral but also to illegal transactions. This extension of the bar, as well as its strict legal consequence of completely barring recovery, can lead to overly harsh results. The comparison of two civilian legal systems, Germany and Italy, will demonstrate modern civilian approaches on how to mitigate the strict consequences of the bar. The study of English law identifies a very different approach to the solution of the same problem. The law of the mixed legal system of Scotland started from a civilian basis in this area. However, it subsequently came under the influence of the common law, which received only the bar to recovery, and developed it into a principle of non-recovery in cases of illegality. The thesis argues that it is undesirable to follow the common law influences in the Scots law of unjustified enrichment. Scots law should rather develop its civilian roots and proceed on the assumption that transfers made under immoral and illegal transactions are recoverable in principle. It is also argued that Scots law has sufficient authority to restrict the <i>pari delicto</i> rule to its original scope and thereby apply the bar to recovery only to cases of mutual turpitude.

This thesis re-evaluates the nature and roles of the Italian classes (fleets) of the Roman empire between 31 BC and AD 193. Studied through the prism of naval history, the classes have been portrayed either as ineffective forces left to decay, or maritime institutions supporting military logistics. By starting from the position that the classes cannot easily be compared to other fleets, I argue that they should be regarded as a flexible manpower pool, placed in the same broad category as other soldiers in the Roman empire, who were drawn upon to perform a range of tasks on land and sea to the benefit of the Emperor, and who were integrated into systems supporting the functioning of the empire, which I term imperial organics. Chapter One discusses primarily epigraphic evidence for the classis servicemen, to argue that they considered themselves and were considered as milites who were trained to row, and who could be given tasks suitable to their abilities and places of deployment. Chapter Two, building on earlier discussion of the origins of the servicemen, examines second century AD papyrological evidence for recruitment from the Egpytian Fayoum. It posits recruitment systems which relied on several elements outside the control of Roman authorities, but which nonetheless ensured that the Italian classes were a well supplied manpower pool, perhaps because they did not rely on the so-called gens de mer. Chapter Three re-examines the main “naval bases” of the classes at Misenum and Ravenna, arguing that rather than purely military ports they should be understood as sites concentrating imperial resources to aid imperial activity in regions where concentrations of imperial property are attested. Drawing on arguments in the previous chapters, Chapter Four considers three case-studies for the functions of the Italian classes: their role in Roman military mobilisation and redeployment systems, their involvement in imperial communications, and their possible place in a coastal system on the western coast of Italy suggestive of imperial authority and benefaction. In all three it seeks to present evidence for imperial organics, low-level systems, possibly engendered by imperial activity, but which could persist of their own accord and which were essential to the workings of empire.

Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.

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