Spartacus was, in Rome’s eyes, a criminal of the worst kind: a slave who took up arms, killed his masters and defied the greatest power in the world. The law was crystal clear —slaves were property, and their rebellion a crime punishable by crucifixion—. And yet, two millennia later, his name is a synonym for freedom. For positive deviance, Spartacus is the cleanest example of an uncomfortable truth: that one era’s «criminal» can be the next era’s hero.
// The theoryBreaking a law that did not deserve to be obeyed
Positive deviance turns the usual criminological question around: not «why did he break the norm?», but «what if the norm was unjust?». When the law itself sanctions an atrocity —slavery—, obeying it is the evil and breaking it the good. Spartacus does not commit a crime against justice; he commits a crime against a legal order that had turned injustice into a norm. His deviance is constructive: it pushes history toward an idea Rome could not conceive, that no human being can be the property of another.
The mythic scene —«I am Spartacus!», shouted by every slave to protect him— distils the theory: one man’s deviance becomes the cause of many, and that cause is later recognised by society as a whole as just. The individual crime is transformed into a collective moral milestone.
The judgment of history
Spartacus shows that the «criminal» label is not a property of the act but a verdict —and verdicts change—. At the time, the social reaction condemned him (crucifixion). In time, that same society rewrote the judgment: today we honour him. Positive deviance stresses that this change of verdict is the proof that the violated norm was unjust. It does not always come —many just rebels died forgotten—, but when it does, it reveals what was hidden at the time: that order and justice were not on the same side.
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// The subjectThe rebel with a proportionate cause
What makes Spartacus an almost shadowless positive deviant —unlike others in this file— is proportion. He rebels against an extreme injustice (slavery) by the only means left to him (there are no courts for the slave), seeking not power but the freedom of his own. His violence responds to a greater prior violence and does not pursue extermination, but escape. Those traits —just cause, absence of a legitimate alternative, proportionality— are exactly the ones the theory demands to distinguish the reformer from the fanatic. Spartacus meets almost all of them.
Espartaco
// The crackNeither a saint without blood, nor a myth stripped of context
The crack with Spartacus is to idealise him into myth and forget that his revolt was a war with thousands of dead, looting and real violence. Recognising the justice of his cause does not erase the human cost of his rebellion, nor does it oblige us to sanctify every act of his army. Positive deviance does not say «the ends justify any means»; it says that the norm he broke was unjust, without signing a blank cheque for everything he did. The other crack is the opposite one: using Spartacus to justify any violence «with a cause». What redeems him is not his rhetoric, it is the proportion between the injustice he fought and the means he employed.
Rome had the power to write the law and to crucify; it did not have the power to write history’s final judgment. That is perhaps the most hopeful lesson of positive deviance: no order, however strong, controls forever what will be considered just.
Being suspicious of laws that today seem firm
Spartacus matters because he trains us in a healthy suspicion: that some of the norms we hold today as unquestionable may be the injustice that someone tomorrow will have the courage to disobey. Slavery was legal for millennia; a slave’s disobedience was a «crime». A mature criminology does not confuse legality with justice: it knows that punishing dissent against an iniquitous law is to stand on the wrong side of history. To honour Spartacus is to accept that sometimes the order is wrong, and that it takes someone who dares to break it so that it can be corrected.
«I am Spartacus» was shouted by men willing to die rather than betray a criminal. They were right, and Rome was not. Two thousand years later, that phrase remains the purest definition of a deviance that history decided to call justice.
// The conceptTwo «positive deviances» worth not confusing
Under the same name two distinct ideas coexist, and Spartacus fits fully into only one. The first is positive deviance in its critical-sociological sense: transgressing the dominant norm can be prosocial when that norm is unjust. The second is the positive deviance that Richard Pascale and Jerry Sternin popularised in management and development: in any community there are individuals who, with the same resources as their neighbours, solve a shared problem better —child malnutrition, school dropout—, and the key lies in learning from those atypical cases instead of punishing them. One breaks the norm for good; the other surpasses it for good.
Spartacus is a positive deviant of the first type, not the second: he did not offer a replicable «best practice» within the system, but a frontal challenge to its rules. Therein lie his strength and his limit. His gesture does not teach how to administer Rome better; it teaches that there was an entire order that deserved to fall. The applied lesson —when it exists— is not to imitate his method, but the willingness to look at whom the system marks as a problem and ask whether they might be pointing to the failure of the system itself.
Who decides what is «positive»?
The adjective is the weak point of the whole theory. «Positive» according to whom and measured against what. Rome judged its own order as the good and Spartacus as the evil; we invert the verdict. Without a criterion external to the norm in dispute —human dignity, harm avoided, proportion—, «positive deviance» runs the risk of being merely the label the winning side puts on its favourite rebels. That is why the concept is slippery and politicisable: anyone can claim it. What saves Spartacus from pure relativism is not that history proved him right, but that the injustice he fought —owning human bodies— we today recognise as injustice through arguments, not votes.
Here it intersects with an idea from critical criminology: the criminalisation of resistance. Power not only writes the law, it also writes the category of «criminal» and applies it to whoever defies it. Spartacus, Nat Turner, so many others: treated as criminals by the order they challenged and as forerunners by the history that came after. The criminal label, this perspective reminds us, often travels in the same direction as power —and that is why it should always be read by asking who applied it and whom it benefits.
Three key takeaways
- Spartacus is positive deviance almost without shadow: he violates the law that legitimised slavery, a capital crime then, a symbol of freedom today. One era’s criminal, the next era’s hero.
- "Criminal" is a verdict, not a property of the act: the judgment of history rewrote it, revealing that the violated norm was unjust.
- What redeems him is proportion (just cause, no legitimate alternative, proportionate means), not his rhetoric. Recognising the justice of the cause erases neither the human cost nor justifies any violence with a slogan.
Sources · further reading
- Durkheim, É. (1895). Las reglas del método sociológico. Alcan.
- Fast, H. (1951). Spartacus. Blue Heron Press.
- Becker, H. S. (1963). Outsiders. Free Press.
Case-file questionsFrequently asked questions
¿Quién es Espartaco?
Espartaco («Espartaco») es un villano de Espartaco, analizado en KRIMINIS con la lente de la criminología. To Rome he was a criminal, a rebel to be crucified.
¿Por qué Espartaco se convierte en villano?
Spartacus and positive deviance: the slave who broke Rome’s most sacred law —the ownership of bodies— and whose "crime" time turned into a symbol of freedom.
¿Qué teoría criminológica explica a Espartaco?
El caso de Espartaco se analiza desde la Teoría de la desviación positiva. Positive deviance holds that breaking an unjust norm can push society forward. Spartacus is its almost shadowless case: a gladiator slave who rebels against Rome’s legal order —where owning humans was legitimate— and whose transgression, a capital crime then, is today an emblem of the struggle for freedom. It shows how the judgment of history rewrites the "criminal" label.








