МAГИЈА И КЛЕВЕТА
MAGIC AND DEFAMATION

Summary/Abstract: In this paper, the author proves that the provisions of the Law of the Twelve Tablets, contained in Tab VIII 1, do not have anything in common with the edict “de convicium” nor with any misdemeanor (delict) involving defamation or insult. These provisions were not and may not be a counterpart of the edict “de convicium“. The only similarity between magic and defamation or insult seems to be reflected in the fact that the commission of either of these involves the use of words and a belief in the power of words. However, this belief is qualitatively different. In magic, it is believed that the power of words may affect one’s destiny. Yet, in magic, words are believed to have the mystic power to create immediate events (as magic is primarily aimed at one’s physical integrity). In defamation or insult, words affect the attitudes of other people towards the defamed person; thus, they indirectly affect the person’s destiny (given the fact that defamation and insult primarily endangered another’s moral integrity). Consequently, there is no substantial link between magic and defamation or insult. As there is no substantial link between the two linguistically similar words which are used in two different historical periods, it certainly may not be expected from two different terms. Thus, there are no formal reasons whatsoever which may support the opinion on the substantial similarity between the terms “incanto” and “occento” (on the one hand) and the term “convicium” in the phrase “edictum de convicio” (on the other hand).

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