Magic and Property: The Legal Context of Apuleius' 'Apologia'

Abstract

This paper examines Apuleius' 'Apologia' from the perspective of its legal context. The paper asks three questions: first, what was the legal situation in relation to the property issues central to the motivations of Apuleius' accusers? Second, what would the legal effects of a conviction have been on these property concerns? And, finally, what light do our answers to these questions shed on the 'Apologia' itself? The applicable legal rules suggest both that some of the concerns of the prosecutors were ill-founded and that the prosecution would have achieved little in a legal sense in terms advancing their alleged ends. These observations suggest several potential conclusions: first, that Apuleius' accusers sincerely believed their accusation of magic and thought that it was only the magical skill of Apuleius that threatened their aspirations to Pudentilla's estate. Conversely, it may be that the accusers were simply ignorant about the law, vindictive towards Apuleius, or both. Third, that Apuleius has misrepresented his accusers' motivations. Finally, these conclusions on matters of law could even be taken to suggest that the speech does not represent a genuine case, but rather is a work of fiction concocted by Apuleius for literary purposes.