Brill’s New Pauly

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Carcer
(329 words)

[German version]

According to Varro, Ling. 5,151, the term carcer, i.e. a place for individual detention, is derived from coercere; it is thus linked to the magistracy's powers of  coercitio for the direct enforcement of its authority, and not the punishment of criminal misconduct. ‘The carcer has to be maintained for the detention, not the punishment of people’: carcer enim ad continendos homines, non ad puniendos haberi debet (Ulp. Dig. 48,19,8,7). Civil law offences and other obligations, for which the obligator was liable in person, were regulated by the XI…

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Schiemann, Gottfried (Tübingen), “Carcer”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 17 April 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e226980>
First published online: 2006
First print edition: 9789004122598, 20110510



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