erotic services in ancient Egypt: love spells

Erotic services were an important subsector of ancient ritual services markets.  Among a collection of ritual service texts from Egypt from about the second to the fifth century, roughly 20% concern love and sex.[1]  Men’s love interests in general differed significantly from women’s love interests, with social circumstances objectively constraining neither men’s nor women’s sexual activity.

Spells for male users vastly predominated among love spells directly seeking sex.  A careful categorization of love spells from across the ancient Mediterranean world shows that 87% of love spells directly seeking sex were written for male spell users.[2]  Here’s an example of an ancient love spell for a male user:

Pudenda key spell: Take an egg  of a crow and the juice of the plant crow’s-foot and gall of a river electric eel, and grind them with honey and say the spell whenever you grind and whenever you smear it on your genitals.

This is the spell to be spoken: “I say to you, womb of {spell target}, open and receive  the seed of {spell user} and the uncontrollable seed of the IARPHE ARPHE (write it).  Let her, {spell target}, love me for all time as Isis loved Osiris and let her remain chaste for me as Penelope did for Odysseus.  And do you, womb, remember me for all the time of my life, because I am AKARNACHTHAS.”

Say this while grinding and whenever you rub your genitals, and in this way have intercourse with the woman you wish, and she will love you alone and by no one will she ever be laid, just by you alone.[3]

This spell’s focus on the spell user’s penis isn’t an idiosyncrasy: Osiris’s penis is an important element in the love story of Isis and Osiris, and other love spells also involve smearing material on the spell user’s penis.[4]  The sexual biology that generates male paternity uncertainty also tends to generate male concern about female sexual fidelity (“she will love you alone and by no one will she ever by laid, just by you alone”).  A sense of powerful agency also typically supports male sexual self-confidence.  In this spell, that psychological need is expressed with a conjunction of the user’s seed (semen) and magical “uncontrollable seed,” as well as with the imperative, “womb, remember me for all the time of my life.”

While male love spell users were highly interested in having sex, they weren’t interested in having sex with just any woman.  Female prostitutes probably were more readily available than were providers of erotic spells.  Prostitutes also probably provided faster, cheaper, and more reliable service than did erotic spell providers.  Erotic spells, however, served the needs of men interested in having sex with a specific woman that the man selected from the general population of women.  Men’s genital focus existed in conjunction with men’s interest in the specific person of a woman.

Love spells for female users tended to be oriented to gaining affection, rather than specifically sex.  Here’s the first part of an ancient love spell for a female user:

I will bind you, Nilos, who is also {called} Agathos Daimon, whom Demetria bore, with great evils.  Neither gods nor men will procure a clean getaway for you!  On the contrary, you will love me, Capitolina whom Peperous bore, with a divine passion, and in every way you will be for me an escort, as long as I want, that you might do for me what I wish and nothing for anyone else, and that you might obey no one save only me, Capitolina, and that you might forget your parents, children, and friends.

The first sentence of the above spell is completely conventional for such ritual services.  The next two sentences seem like a transcription of Capitolina’s oral request.  That request describes love without physical specificity (“love me…with a divine passion”).  It primarily concerns attention (“forget your parents, children, and friends”) and general personal services (“be for me an escort … do for me what I wish .. obey no one save only me”).  The rest of the spell consists of fairly conventional spell text, along with restatements of the request for attention and affection:

Accomplish everything for me and rush in and take away the mind of Nilos, to whom this magical material belongs, in order that he might love me, Capitolina, and that Nilos, whom Demetria bore, might be inseparable from me, every hour and every day.  … bind Nilos, who is also {called} Agathos Daimon, whom Demetria bore, to me, Capitolina, whom Piperous bore, for his {whole} life.  Nilos shall love me with an eternal affection; immediately, immediately; quickly, {quickly}.[5]

The spell describes spirits “releasing all who have drowned, have died unmarried, and have been carried away by the wind.”  Committing suicide without using instruments that break the surface of the body, e.g. drowning oneself, is more typical of female suicides than male suicides.  Dying unmarried indicates lack of affiliation, not necessarily lack of sex.  These distinctive references may represent Capitolina’s suicidal ideation and her fears for her life’s end.  In any case, the primary focus on affiliation and affection characterizes love spells for female users compared to those for male users.

The social and familial position of women in the ancient Mediterranean world did not effectively constrain women’s opportunities to have sex with men for whom they developed an erotic passion. Erotic love spells sought to generate intense suffering in the spell target, usually a woman.  That passion would prompt the spell target to come to the spell user, usually a man:

attract, inflame, destroy, burn, cause her to swoon from love as she is burnt, inflamed.  Sting the tortured soul, the heart, of Karosa, whom Thelo bore, until she leaps forth and comes to Apalos, whom Theonilla bore, out of passion and love

Whenever I throw you, Myrrh, … as you burn, so also will you burn her, {spell target} … seek out her, {spell target}, and open her right side and enter like thunder, like lightning, like a burning flame, and make her thin, {pale,} weak, limp, … until she leaps forth and comes to me, {spell user}[6]

Love spells targeting women focused on motivating them to leap forth, not on enabling them to do so.  Among the elite women who probably predominated among erotic spell targets, what governed their erotic passion was within their minds and bodies, not the social circumstances objectively around them.[7]

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Notes:

[1] The collection is called the Greek Magical Papyri (PGM); for English translations, see Betz (1992).  Faraone (1999) p. 15, citing Petropoulos (1988) p. 215, states that “about one-quarter of these texts are concerned with love and sex.”  Based on Betz’s spell list, I estimate that 18% concern love and sex.  The division of the texts into separate spells and the categorization of the spells allow significant margins for ambiguity.

[2] Faraone (1999) p. 43, ft. 9 (underlying counts).  Id. is an impressive feat of rhetorical contortionism to maintain willful ignorance of sexual biology and evolution.

[3] PGM XXXVI.283-94, trans. Betz (1992) p. 276.  PGM VII. 185-6 describes grinding up pepper with honey and coating one’s penis with that mixture to get an erection.

[4] E.g., among the Greek Magical Papyri, PDM xiv. 335-55; PDM xiv. 930-32; PDM xiv. 1026-45; PDM xiv. 1046-47; PDM xiv. 1047-48.

[5] From PGM XV.1-21, trans. Betz (1992) p. 251.  The variant spellings of Capitolina’s mother’s name exist within the text. An interesting comparison is PGM LXI. 1-38.  That spell explicitly signals a male user, but its first two parts have female-user attention and affiliation themes, and it lacks an explicit appeal for sex.  It may be a female spell that was adapted for a male user.  The last section, which may have been appended, describes how to get the woman to leave.

[6] PGM XIXa.51-53; PGM XXVI.333-60; trans Betz (1992) pp. 257, 277.

[7] Ritual service users in Roman Egypt apparently were economically secure.  Male erotic service users probably targeted predominately elite women because of class-based patterns of association and because these men’s high status and material resources served less well to attract similarly positioned women.  The sexuality of low-status women apparently was not significantly constrained normatively. Social circumstances and bodily circumstances are of course interrelated through life history.  For example, if a person grew up in a family with little food, the person probably would be undernourished and in poor physical health.  Similarly, a person might internalize social devaluation and legal repression of her or his sexuality.

References:

Betz, Hans Dieter, ed. 1992. The Greek magical papyri in translation: including the Demotic spells Vol. 1, [Texts].  Chicago: University of Chicago Press.

Faraone, Christopher A. 1999. Ancient Greek love magic. Cambridge, Mass: Harvard University Press.

Petropoulos, J.C.B. 1988.  “The erotic magical papyri”, in Basil G.Mandilaras (ed.), Proceedings of the XVIIIth International Congress of Papyrology, Athens 25-31 May 1986, i (Athens, 1988), pp. 215- 222.

legal standards for imprisoning child-support debtors

The U.S. Supreme Court’s Turner v. Rogers (2011) decision established due-process safeguards for proceedings threatening unrepresented child-support debtors with incarceration. A key element of those safeguards is an explicit, simple determination that the child-support debtor is presently able to pay.  Turner v. Rogers formally declared procedural conditions.  U.S. v. Ballek (1999) addressed substantial reasons for incarcerating child-support debtors.  Procedural and substantial issues in imprisoning child-support debtors are closely related.  Despite its formal scope, Turner v. Rogers provides higher, better, more recent reasoning relevant to substantive grounds for incarcerating child-support debtors.

The U.S. Court of Appeals, Ninth Circuit, issued the decision in Ballek.  An Assistant Federal Public Defender brought Jeffrey Ballek’s case against the United States government, represented in the person of an Assistant United States Attorney.  Child support is an off-budget, twenty-seven-billion-dollar, tax-and-transfer program that provides more benefits to adults associated with other adults who have more money.  One could hardly imagine a more attractive program to politicians than such “child support.”  One man’s liberty interest against a large, politically appealing program is a set up for a mugging, even in a court of law, and even with an Assistant Federal Public Defender there to square off against the Assistant United States Attorney.  The Ninth Circuit’s opinion in Ballek reads as if Ballek’s side was pummeled into silence before it could deliver key understanding to the court.

The Ballek opinion fails to recognize basic aspects of child support. The Ninth Circuit grasped for self-evident observations:

We start with the self-evident observation that the relationship between parent and child is much more than the ordinary relationship between debtor and creditor.

The reference to parent is nicely sentimental, but divorced from knowledge.  Child support, when imposed on men, is legally based on no action other than having sex, or, alternatively, being married.  In California in March, 2000, 71% of child support obligors with arrears had at least one child support order established by default judgment.[1]  When child-support obligations are established by default judgment, the obligor isn’t even aware of the obligation.  The ordinary relationship between debtor and creditor typically is longer than a one-night stand.  Moreover, the debtor actually knows of the obligation and explicitly agrees to it.

Child-support orders are highly disproportionately imposed on men, and so too is imprisonment. The Ninth Circuit judges’ lack of interest in sex continued through their consideration of debt imprisonment and forced employment:

Imprisoning someone for failure to pay a debt can run afoul of the Thirteenth Amendment.  See, e.g., Pollock v. Williams, 322 U.S. 4, 64 S.Ct. 792, 88 L.Ed. 1095 (1944).  However, not all forced employment is constitutionally prohibited.  Where the obligation is one that has traditionally been enforced by means of imprisonment, the constitutional prohibition does not apply.  See, e.g., Robertson v. Baldwin, 165 U.S. 275, 287-88, 17 S.Ct. 326, 41 L.Ed. 715 (1897) (imprisonment for sailors who desert their ships);  Arver v. United States, 245 U.S. 366, 390, 38 S.Ct. 159, 62 L.Ed. 349 (1918) (imprisonment for refusal to perform military service);  Butler v. Perry, 240 U.S. 328, 332-33, 36 S.Ct. 258, 60 L.Ed. 672 (1916) (imprisonment for failure to do roadwork).

These traditional forms of forced employment all concern forced employment of men.  A fundamentally sex-biased interpretation of the Thirteenth Amendment should be overruled even sooner than sexist selective service registration is.

The Ninth Circuit described imprisoning persons for not providing money to a custodial parent as one of the most important exercises of state police power.  That understanding shaped the Court’s interpretation of the Thirteenth Amendment:

We decline to interpret the Thirteenth Amendment in a way that would so drastically interfere with one of the most important and sensitive exercises of the police power – ensuring that persons too young to take care of themselves can count on both their parents for material support.

While two-breadwinners per child might be imagined as an ideal, that ideal has little relation to current or historical reality.  Many families have only one income earner as a result of family caretaking choices or the death of a spouse.  About 40% of persons providing financial child support as a non-custodial parent are married to another person.[3]  Thus the two-breadwinners per child ideal would require extensive double-counting across households.  Most importantly, imprisoning a person can drastically interfere with that person’s ability to provide material and non-material support for the custodian of a child, or children under the imprisoned person’s own custody. Australia, Austria, and Finland do not allow the imprisonment of child-support debtors.  In Denmark, such imprisonment never occurs, and in France, it’s very rare.[4]  Describing imprisoning child-support debtors as “one of the most important and sensitive exercises of the police power” is absurd.  U.S. government officials and the public have had, until recently, little knowledge of the actual extent of such incarceration.[5]

From an economic perspective, child-support prices function much differently from prices in labor and financial markets.  Child-support orders do not respond automatically, quickly, or rationally to changes in economic circumstances.  Child-support orders administratively fix substantial nominal payments for up to twenty-one years into the future.  In response to an adverse economic shock such as loss of a job or imprisonment, a child-support obligor must seek a court order to have the child-support order changed to reflect the changed economic circumstances.  Even if a court recognizes the changed economic circumstances, the court is prohibited under the Bradley Amendment from retroactively changing the child-support obligation to recognize the actual date of the changed economic circumstances. Apparently oblivious to these economic and procedural realities, the Ninth Circuit in Ballek stated:

In making such an award, the state courts take into account a variety of factors, including the non-custodial parent’s other obligations and his ability to pay child support;  if circumstances change, the obligor can return to court and seek to have the amount reduced.  See Alaska Stat. § 25.24.170 (Michie 1998);  Curley v. Curley, 588 P.2d 289, 291 n. 2 (Alaska 1979).

Given this means-testing, which is an integral aspect of every child support award, a non-custodial parent should never be confronted with a situation where he is ordered to make child support payments he cannot afford.  A non-custodial parent who does not have the funds to satisfy the child support award, and who does not obtain a reduction or remission of the award because of inability to pay, will almost certainly be engaged in willful defiance of the state court’s child support order.[2]

If such a process of administratively adjusting nominal economic values could work well, the Soviet Union would never have collapsed.  Soviet planners, moreover, were not legally prevented from making true-ups to account for administrative lags relative to dynamic, decentralized economic change.

The best explanation for the Ninth Circuit’s decision in Ballek is that it didn’t hear a strong case.  The Court’s opinion merely ratified powerful political and economic interests in the status quo.  Law can do better than that.  Turner v. Rogers is a good start.

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The Ballek decision: United States v. Ballek, 170 F.3d 871 (9th Cir.), cert. denied, 528 U.S. 853 (1999), argued before Circuit Judges Aldisert, Wallace and Kozinski, opinion from Kozinski.

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Notes:

[1] See Elaine Sorensen, Heather Koball, Kate Pomper, and Chava Zibman, “Examining Child Support Arrears in California: The Collectibility Study,” March 2003. Urban Institute, Prepared for the California Dept. of Child Support Services. See p. 118.

[2] The use of the term “means-testing” here is unusual.  Means testing is usually associated with the conferral of benefits.

[3] See U.S. Census Bureau, Support Providers: 2005, Table 3.

[4] See p. 43, Table 8, in Skinner, Christine, and Jacqueline Davidson (2009).  “Recent Trends in Child Maintenance Schemes in 14 Countries,” International Journal of Law, Policy, and the Family 23, pp. 25-52.

[5] Jeffrey Ballek was sentenced to six months imprisonment for his child-support debt.  The Ballek decision noted that child-support awards are “routinely enforced by imprisonment.”  Actual data on persons incarcerated for child-support debt are highly fragmentary.

word and image in the Book of the Dead

About 4400 years ago, Unas, the last Egyptian pharaoh in the 5th dynasty, was buried within a pyramid with written inscriptions on the walls of the burial chamber.  Subsequent pharaohs were buried similarly.  The texts on the walls of the pyramids’ burial chambers are a corpus of spells to aid the pharaoh in the afterlife.  These pyramid texts were not illustrated.  After a few centuries, texts began to be written on the inside surfaces of wooden coffins that contained non-royal persons.  These coffin texts seldom had any illustrations.  After another roughly six centuries, funerary texts began to written on papyrus rolls buried with the deceased.  The funerary texts written on papyrus, called the Book of the Dead, have a well-differentiated textual corpus from the earlier pyramid texts and coffin texts.  In addition, Book of the Dead rolls usually include illustrations.  Book of the Dead rolls have been found that include text only in a brief opening, with the rest of the work consisting only of illustrations.[1]

The inclusion of illustrations in ancient Egyptian funerary texts is plausibly associated with broadening of demand for the texts.  The change in media from burial chamber walls (pyramid texts) to coffins (coffin texts) to papyrus (Book of the Dead) reduced requirements for site-specific work and fostered increased division of labor and mass production of texts.[2]  The supply of scribal skills was probably constrained by the complicated representational language and well-established scribal guilds.  Illustrators, in contrast, probably were less organized and had less formal training.  Hence the supply of illustrators could increase more rapidly and more propitiously than the supply of scribes.  Popular demand favors production of images.  That sensory effect is likely to be greater in a largely illiterate society such as ancient Egypt.  Illustrated funerary texts were thus probably a market-driven development in ancient Egypt.

The relation between word and image in the Book of the Dead is highly fluid.  Consider, for example, the text images above and below from the papyrus of Ani, a Book of the Dead from Thebes about 1275 BGC.[3]  The illustrations in the text above are irregularly positioned and do not have bounding boxes.  The three illustrations in the top left portion of text below have regular bounding boxes.  The right portion of the text contains top-and-bottom nearly identical images that actually differ in subtle ways (the most obvious difference is the left-most white figure’s hairstyle).  Most surprising is the right-most figure’s hand gesture that breaks into the column of text.  Having an illustrated figure gesture into the space of the text is common in European medieval illuminated manuscripts.

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Notes:

[1] Taylor, John H (2010).  Journey through the afterlife: ancient Egyptian Book of the dead.  Cambridge, Mass: Harvard University Press.  See p. 268.

[2] In some instances, different sections of a Book of the Dead were written by different scribes.  Scribes might work on separate pieces of papyrus that would later be joined together.  Scribes produced texts with spaces left for illustrations (vignettes).  Scribes also left blank spaces for filling in the name of the person who purchased/acquired a particular text.  Id.  pp. 36, 268-9, 286.

[3] Ani was a Theban royal scribe — “Accounting Scribe for the Divine Offerings of all the gods. Overseer of the Granaries and of the Lords of the Tawer.” Id. pp. 310, 36.

prisoners, prisons, and other incarceration terms

Prisoners, in the simplest, most general use of the term, are persons incarcerated under legal proceedings addressing violations of public law.  The facilities that incarcerate prisoners likewise can be simply and generally termed prisons.  Prisoners and prisons are the best terms in English to use for general, transnational discussions of justice systems.

Prisoners, prisons, and other terms of incarceration are complicated by more specific and exclusive usages.  For example, in the U.S., the term “prisoner” often is used specifically for persons confined in justice-system institutions that federal and state governments operate.  The term “inmate” often is used for persons confined in locally or regionally operated incarceration facilities.  “Prison inmate” or just “inmate” is also sometimes used for persons confined in federal and state facilities.  “Inmate” historically has also been used for residents of other public institutions such as hospitals and asylums.  “Convict” is an older term typically used for a person sentenced to years of incarceration.

The specific uses of prisoner and inmate typically parallel distinctions among incarceration facilities.  In the U.S., “prison” is often used for an institution holding persons sentenced to a year or more of imprisonment.  Jails and police lock-ups hold arrested persons before booking.  Jails, but usually not police lock-ups, hold pre-trial detainees, persons awaiting sentences, and persons serving sentences typically of less than a year.  Despite the difference in the specific usage of the terms “prisoner” and “inmate,” the distinction between prisons and jails is not well-defined within the U.S.  For example, Hawaii, Alaska, Vermont, Rhode Island, Connecticut, and Delaware do not distinguish between jails and prisons.  The federal justice system operates pre-trial detention facilities analogous to local jails.  The distinction between prisons and jails is also not generally applicable internationally.

Confusion in incarceration terms reflects historical cross-currents in ideas about the status of incarcerated persons and the purpose of incarceration.  Early modern incarceration facilities for high-status persons (treacherous nobles, heretical high clergy, etc.) were called “prisons”.  Incarceration facilities for low-status persons were called “workhouses,” “houses of correction,” and “jails.”  Late in eighteenth-century England the idea of a “penitentiary” developed.  Penitentiaries were incarceration facilities designed to foster repentance for crime.  The rise of social science in the nineteenth century prompted the establishment of “reformatories.”  These institutions sought to reform persons through the operation of professional treatment expertise.  The term “detention center” emerged in the twentieth century as an abstractly functional description for a short-term incarceration facility.  “Correctional institution” is a modernization of “house of correction” unmoored from a belief in the possibility of correcting persons.  Penitentiaries similarly continue to exist without belief in the significance of penance.

Incarceration terms must be interpreted in the context of their use and with broader knowledge about how the relevant justice system disposes persons.  Where are persons immediately after they are arrested?  Where are persons before a trial, between court appearances (remanded), awaiting sentencing, and serving sentences?  How are persons within the community but under criminal justice supervision, e.g. probation and parole, counted within justice system statistics?  A key step to understand is asking questions, even if only to yourself.