What is the relationship between law and morality? This question, a significant topic in contemporary legal philosophy, is explored in T.’s intriguing book about the role of censors, the guardians of morality in the Roman Republic. The study offers a comprehensive examination of the historical origins and evolution of the office of the censor during that era. T. argues that the office of the censor and its developing moral practices deserve more attention. She demonstrates that this body of knowledge had a more substantial impact on the formation of Roman public and private law during the Republic than has been previously recognised.
The book includes an introduction and a conclusion that frame five substantial chapters. In the introduction T. situates her work within the existing literature on this topic, explaining that the monograph aims to address a gap in current scholarship by exploring the influence of censors on the development of both public and private law during the Roman Republic.
The chapters are organised thematically. The first three chapters establish a foundational understanding of key topics: the origins of the office (Chapter 1), its powers (Chapter 2) and its evolving body of moral practice (Chapter 3). Each of these chapters offers significant insights, and for this review I will highlight one essential insight from each. In Chapter 1 T. illustrates how the practices of the censors – such as their ability to issue edicts and the principle of collegiality in their decision-making – have a significant impact on the development of both public and private law. This insight is crucial and cannot be overstated. Law and morality coexist in the Roman Republic; they are inseparable. Chapter 2 focuses on the ritual nature of the census and its importance. The discussion regarding the manumission of slaves during the census sheds light on Roman law regarding this issue. Chapter 3 examines the body of moral practice and stands out as particularly successful. I found the treatment of the censorial note in this chapter to be especially fascinating.
Chapters 4 and 5 present case studies on how censorship practices operated in relation to Roman public and private law. Chapter 4 particularly highlights censorial oversight within the Roman family. Since the family was a fundamental component of the Roman state, this structure significantly influenced the development of Roman family law. The chapter effectively illustrates that families were not merely small fiefdoms ruled despotically by their heads. The establishment of the office of censor meant that families and their internal management became subject to oversight by the censor. Chapter 5 focuses on public law and offers similarly enlightening insights. The discussion regarding censorial oversight and the regulation of legal transactions in cases where existing civil or praetorian law did not provide a remedy is particularly informative.
T. has written an engaging book that will surely inspire significant discussions in the field of Roman law. The connection between law and morality is a timeless question, and this book effectively demonstrates how Roman law offers modern readers a crucial case study for exploring contemporary debates on this topic.
