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Killing, crimes involving

(407 words)

Author(s): Neumann, Hans (Berlin) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Orient In judging crimes involving killing, no distinction was made in the ancient Middle East between homicide and manslaughter. Killing, inciting a killing, and having knowledge of a killing were all treated as capital offences and punishable with capital punishment ( Death penalty). In addition, the perpetrator's property and (enslaved) family members could, along with other forms of compensation, be handed over to the victim's family. As the collections of laws show, …

Petitio

(325 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The word petitio ('request') referred to a specific form of action used in the Roman formulary procedure ( formula ), for example for the actio (action), which arose out of a specific object or a specific sum of money (Dig. 12,1), or the action of the true heir against the possessor of an inheritance ( hereditatis petitio, Dig. 5,3; Cod. Iust. 3,31). Besides these, claims arising from the cognitio procedure ( cognitio ) were mostly referred to as petitio. A strong conceptual distinction between actio, petitio and persecutio (prosecution) did not exist in Roman legal…

Patria potestas

(908 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The PP, which continued to exist as paternal power in the German Civil Code was only replaced in Germany following an interim stage of parental power with effect from 1.1.1980 by paternal care, in Rome referred to the extensive right of control which the pater familias exerted over the family. Originally the PP, like the manus over the wife (Marriage III.C.), probably had no legal boundaries, but merely moral and religious ones. The transgression of these could, for example lead to a loss of honour or an exclusion from the nobility or the equites. In Imperial times the PP…

Condictio

(1,036 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Type of suit in the ius civile Sentencing to a particular payment could be achieved with the   legis actio per condictionem after the 3rd cent. BC: certa pecunia based on a lex Silia, other certae res based on a lex Calpurnia (cf. Gai. Inst. 4,17 b-19). The condictio (‘announcement’) is merely a procedural designation: the court date was not granted immediately but only after the expiry of an ‘announced’ term of 30 days to allow the debtor the option of compliance without court procedure. The certum in this suit is, in the first place, a payback guarantee for an …

International law

(1,438 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] I. Overview International law (IL) was established as a field in its own right during the early modern period (especially by Hugo Grotius, 1583-1645). The term   ius (A.2.) gentium, which originated in Roman law, established itself as its name. However, in antiquity this term did not mean IL but those concepts of  law in general that were assumed to be common to all peoples. This also included principles that belong to IL in its narrow sense such as the inviolability of diplomatic representatives (Dig. 50,7,18). Antiquity did not have a term for IL per se. However, ancient …

Castigatio

(189 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Expression describing an educational measure, as can be inferred from the meaning of the word ( castum agere, ‘to make pure’). The person carrying out the punishment is often excluded from liability for the consequences of castigatio upon the punished: thus the master punishing his apprentice (e.g. Dig. 9,2,5,3). The same goes for the paterfamilias with regard to his children and the master to his slaves (Dig. 7,1,23,1; 48,19,16,2). Castigatio as a policing or juridical measure is partly linked to such private authority-based relationships: by the …

Effractor

(68 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law the thief who obtains his loot through break and entry. According to Dig. 47,18 he commits a criminal act that is prosecuted as a   crimen ( publicum). In the Republic it was still a civil offence. An escapee was called an effractor ( carceris) and was also prosecuted as the perpetrator of a crimen in a   cognitio extra ordinem . Schiemann, Gottfried (Tübingen)

Gesta

(320 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In the Republican period in Rome the records (also   commentarii ) that a magistrate made or had made regarding the orders decreed by him (  acta ). They were personally archived by the magistrate after the end of his period in office (Cic. Sull. 42). From the 3rd cent. AD the term gesta superseded the expression commentarii for the official records. Apart from gesta the word cottidiana occurs in the same sense . With this meaning gesta can be found in all levels of the administration of late antiquity. Ultimately the recording of official files and negotiations by gesta was tr…

Vidua

(16 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Latin expression and Roman legal term for widow (II.). Schiemann, Gottfried (Tübingen)

Calumnia

(295 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In classical Roman law, the deliberate, groundless and bullying filing of suits and charges. In the regulatory procedure for disputes amongst private individuals, the Praetor awarded a special iudicium calumniae decimae partis, i.e. a penalty for failure to observe correct procedure of 1/10 of the value of the claim (Gai. Inst. 4,175). In the case of manumission or status claims the sanction against the fiduciary claimant (  adsertor in libertatem ) amounted to as much as 1/3 of the value of the slave. The person affected could demand four times the value ( quadruplum) wi…

Discussor

(154 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A discussor (Greek logothétēs, etym. from discutere in the meaning of ‘to check, investigate’) was an official of the late antique Roman state, to whom article 10,30 of the Cod. lust. was dedicated. The main tasks of the discussores lay in tax administration. In that context, they apparently carried out external audits of the tax bases set by the   census through self-assessment ( professio). They also appear as auditors for customs, public building projects, and state regulated prices. Administrative acts issued by the discussores were called   sententiae

Legacy

(81 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The technical term legacy in modern law is a literal translation of the Roman legatum . In the testamentary settlement of the succession of property rights after death, Roman law differentiated between the appointment of the fully valid legal successor as heir ( heres, for this see Succession, law of III.) - or several heirs - and the allocation of individual objects as legacies. Other ancient laws contain no comparable construction. Fideicommissum; Testament [2] IV. Schiemann, Gottfried (Tübingen)

Civil law

(3,179 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Witthuhn, Orell (Marburg) | Schiemann, Gottfried (Tübingen)
I. Ancient Orient [German version] A. General The term civil law (CL), which is derived from Roman law, covers the legal position of individuals in legal transactions and with respect to family and society. Depending on the definition, family and inheritance law are part of CL.  Legal texts in cuneiform -- as opposed to mature Roman law -- as a pre-scientific legal system are legal institutions derived from practice -- the modern categories used here are anachronistic. Sources and preliminary work on t…

Mora

(998 words)

Author(s): Burckhardt, Leonhard (Basle) | Schiemann, Gottfried (Tübingen)
(μόρα; mόra). [German version] [1] Division of the Spartan army In the Spartan army no later than from 403 to 371 BC mora was the usual term for the six largest divisions of the infantry and cavalry assigned to it (Xen. Lac. pol. 11,4; Xen. Hell. 2,4,31; 4,5,3-19; Diod. 15,32,1). Each mora was commanded by a polémarchos   (Xen. hell. 4,4,7; 5,4,51), had a required strength of more than 1,000 men and was organised into lochoi ( lóchos). Burckhardt, Leonhard (Basle) Bibliography 1 J.F. Lazenby, The Spartan Army, 1985, 5ff. [German version] [2] Default in Roman law Default in Roman law. Schiemann…

Interpolation, critique of

(483 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman legal history critique of interpolation specifically refers to the examination of the transmitted version of the texts of the Corpus Iuris for falsifications compared with the original. This is of particular relevance to the fragments from the writings of the classical jurists (1st cent. BC - 3rd cent. AD) in the  Digesta , but also to the  Institutiones in comparison to their models and even to the older imperial pronouncements collected in the  Codex Iustinianus . With regard to the Digesta, emperor Justinian himself had already given an express…

Peregrinus

(645 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (perhaps from peregre, 'outside the fields', namely the territory of Rome) was the most important technical term of Roman law referring to foreigners (Aliens, the position of), who did not belong to the community of rights of the Roman citizens ( civitas ) but who was nevertheless an enemy or completely without rights. The dediticii , who as members of communities subjected by Rome had been given neither Roman nor Latin citizen law (Latin law), were sometimes partially distinguished from peregrini, and sometimes treated as a special group of peregrini In the time of t…

Edictum

(1,697 words)

Author(s): Willvonseder, Reinhard (Vienna) | Paulus, Christoph Georg (Berlin) | Noethlichs, Karl Leo (Aachen) | Schiemann, Gottfried (Tübingen)
[German version] [1] Public announcement by magistrates Edictum (from edicere) is a binding public announcement by Roman office bearers (  magistratus ), which presented either concrete orders or a ‘governmental agenda’ [1. 58] for the coming term of office. The word suggests an originally oral announcement [2. 178], but the historically documented form is a recording on an   album (‘white wooden plate’) at the magistrate's office. Literary tradition refers to edicts by   consules ,   aediles ,   praetores , provincial governors, tribuni plebis (  tribunus ),   censores

Documents

(6,763 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen) | Gröschler, Peter
I. General [German version] A. Term In legal terms, a document is a written declaration regarding a legal transaction. In modern opinion it is a declaration of intent in a suitable written form that is intended to provide proof in legal transactions and that permits recognition of the issuing party (e.g., [2; 8]). In general, documents include all non-literary and partially literary texts (exceptions are, e.g., poetry and amulets), i.e., apart from business documents, trial and administrative document…

Falsum

(195 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law the crime of forgery. Gell. NA 20,1,53 calls the false bearing of a witness, which according to the XII Tables was punishable with death, testimonium falsum. However this probably had nothing to do with the criminal acts for which Sulla (probably in 81 BC) introduced a public suit ( quaestio de falso) in the lex Cornelia testamentaria nummaria (Dig. 48,10). The jurisprudence of the Imperial period dealt not just with the forging of wills and the counterfeiting of coins as Sulla's law but also for example with the bribing of wi…

Matrimonium

(158 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Besides nuptiae the Roman term for marriage. Matrimonium (‘motherhood’) was associated with the root mater (‘mother’), from which the word is derived. Linguistically, a woman was led or given into matrimonium, and a man had a woman in matrimonio. In law, too, matrimonium was primarily significant because of motherhood: iustum (recognised by law) or legitimum (lawful) matrimonium is a marriage between Roman citizens or between a Roman and a woman who was entitled to conubium . The children of such a marriage were Roman citizens, and their status followed the ius civile, …

Furtum

(819 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Overview Furtum is the offence against property in Roman law. At least in the classical period (1st-3rd cents. AD) the term furtum includes not only theft and embezzlement, but also the mere use of items that are not one's own ( furti usus), the removal of one's own property, e.g. from a collateral creditor ( furtum possessionis, possession theft), fraud, receiving stolen goods and aiding and abetting the perpetrator of a furtum. The object of furtum could in addition to res corporales be slaves and persons under paternal authority. In the classical period, …

Fictio

(422 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Fictio, rooted in Roman jurisprudence, describes a technique still used in modern legal practice in order to arrange sanctions for different circumstances from those originally addressed by the law through working on the assumption that both sets of circumstances are identical, even though in reality they are not. This concept developed from the religious rule stating simulacra pro veris accipiuntur (‘images are accepted as reality’): Priests as the first legal experts in Rome's early history transferred the concept expressed in this reli…

Crux

(354 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Little is known about the origin and spread of crucifixion in ancient legal systems. There is probably no evidence for it in classical Greece [1]. Herodotus (1,128; 4,43; 202) reports on it as a form of execution among the barbarians, Polybius (1,24,6) among the Phoenicians. Little likely is the idea of the Romans adopting it directly from the Phoenicians [2] (differing views in [3; 4]). Crucifixion however does come to be used as capital punishment among the Romans from about 200 BC (cf. Plaut. Mil. 359). The   tresviri capitales probably introduce…

Syro-Roman law book

(350 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The SRLB is a juristic collection of Late Antiquity which survives in several Syriac, Arabic and Armenian versions of differing scope. It was widespread in the territory of the Oriental churches, but contained secular Roman law. The interest in imperial law in the eastern provinces makes itself felt in terms of the history of transmission, first in the Sententiae Syriacae, a paraphrase of imperial laws, esp. from the reign of Diocletian and primarily from the years AD 293/4. The translation into Syriac was not directly from the (lost) Lat…

Suppositio Partus

(20 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law the punishable act of substituting children, partus suppositus . Schiemann, Gottfried (Tübingen)

Comparatio publica

(125 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] was probably not a technical term at first (therefore also c. venalitium, c. specierum). It referred to the public purchases of provisions for the Roman State, primarily concerning military equipment and public grain supplies ( Logistics,   cura annonae ). Comparatio publica (CP) did not become a legal category until the Cod. Theod. (under headings 11,15). There, it is designated as a highly regulated type of business including sales obligations (in modern law: contract obligations) and exact price …

Wills and testaments

(3,807 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen) | Manthe, Ulrich (Passau)
[German version] [1] (Religion) see Bible; Christianity; New Testament Apocrypha; Septuagint; Testamentary literature; Vulgate (Religion) see Bible; Christianity; New Testament Apocrypha; Septuagint; Testamentary literature; Vulgate Hengstl, Joachim (Marburg/Lahn) [German version] [2] History of law (History of law) Hengstl, Joachim (Marburg/Lahn) [German version] I. General Testament (from the Latin testamentum in the sense of the final will made before witnesses; see below IV.) denotes a unilateral 'last will and testament' (or, in common E…

Crematio

(340 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (Burning at the stake) was a form of Roman capital punishment. The execution may originally have been left to the injured party and his agnates (  agnatio ) in a kind of ‘channelled’ private revenge. In that case, the criminal proceedings served only to establish the prosecutor's right to carry out the private punishment. This is probably how we should understand Gaius' report in his comm. on the Twelve Tables (Dig. 47,9,9), which states that this law (pl. 8,10) ordered execution by fire for premeditated arsons: igni necari iubetur (interpretation according to [1], b…

Gestio

(309 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (also gesta). Generally an expression for transactions relevant to business (not necessarily legal transactions). In Roman civil law the following are significant: (1) the pro herede gestio (behaviour as an heir), informal behaviour (e.g. taking possession) as an expression of the desire to come into an inheritance ( Succession, law of). (2) the negotiorum gestio (modern law: conducting business without a commission). In Roman law it concerns all affairs in the conduct of someone else's transactions that are not commissioned (  mandatum ) or…

Abolitio

(109 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The abolitio, which has come down to us in the Digest title 48,16, is in Roman law discontinuation of criminal proceedings, often with the effect of a pardon (  indulgentia ), but mainly with the possibility of renewing the charge, as with the abolitio publica, ordered by the Senate or in exceptional cases by the emperor, and the abolitio privata, pronounced by the judge at the request of a private prosecutor. The abolitio ex lege, for example, takes effect on the death of the prosecutor. In any event this first appears under the designation abolitio in the imperial period…

Estate register

(390 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In contrast to the  land register that existed ─ probably based on an Old Egyptian model [1] ─ in Ptolemaic and Roman Egypt (and, in antiquity, possibly only there) as a safeguard for private property transactions, the primary purpose of estate registers (ER) and similar registers was the levy of land taxes as well as the administration of state leases. Thus, almost inevitably, they were just as widespread as those very forms of state income. A prerequisite for starting up archive…

Crimen

(862 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Public criminal prosecution The legal technical category in classical Roman jurisprudence of the Principate applied to public criminal procedures ( iudicium publicum) where crimes were prosecuted based upon accusation (  accusatio ). As with civil legal forms in Roman Law, it is not a characteristic routine legal transaction but should rather be understood as a means of attack and defence in a trial (  actio ,   exceptio ). The meaning of the term crimen predominantly lies in the procedural field. Therefore, crimen appears most frequently in the sources in co…

Remancipatio

(163 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law, the actus contrarius ('reversion') of the mancipatio (formal alienation). It served, for instance, for the return of objects given for fiduciary safekeeping ( fiducia ). The remancipatio was also a constituent act in the complex ceremonies of the emancipatio (release from the family group). Above all, however, it was an important element in divorce proceedings in the old manus marriage (cf. also Marriage III): if such a marriage was to be dissolved, the wife had to be released from the special authority of the husband. This remancipatio consisted of a ce…

Intestabilis

(124 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman law, legally incapable of being a witness ( testis). The Inst. Iust. (2,10,6) lists as intestabiles: women, minors, slaves, the dumb, the deaf, the mentally ill, legally incapacitated wastrels and those who had been declared improbus (dishonourable) and intestabilis by a special law. Legal arrangements of this kind result, for example, (according to Ulp. Dig. 47,10,5,9) from the lex Cornelia de iniuriis against authors or distributors of articles with offensive content or (according to Cassius Dig. 1,9,2) from the lex Iulia de repetundis against those re…

Confusio

(232 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In the confusio (the ‘merging’) the same person is both debtor and creditor or owner and holder of a limited material right, e.g. a usufruct. In Roman law confusio led to the extinction of the claim or the right. The late classic jurists (3rd cent. AD) occasionally use the term consolidatio for confusio without creating material distinctions. The effect of the confusio could not be prevented by the will of the parties. However, the Roman jurists occasionally assume a duty to refound the claim or right. The opinion of the Proculians ( Law schools) that the   noxalis actio

Mater familias

(157 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] While the word pater familias indicates a clearly defined legal status, the designation of the Roman mother of a family is a social rather than a legal one. Originally, MF was the honorary title for a married woman living in the → manus (marital control) of her husband, with whom she had children. Her social position was, in contrast with (and in compensation for) her legal status ( Manus), a high one. She had precedence over all other members of the household apart from her husband. By the time the manus marriage had fallen into disuse, the term MF - literally the mot…

Punishment, Criminal law

(1,758 words)

Author(s): Neumann, Hans (Berlin) | Römer, Malte (Berlin) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Near East The Sumerian-Akkadian terminology regarding punishment and criminal law implies that in Mesopotamia, this was already understood to be a consequence of mischief [1. 77 with note 35], directed either against the divine order [2] or the (state-sanctioned) political and social structures [3]. The same is true of Egypt [4. 68]. There was no distinction between civil and criminal law in the modern sense. The relationship between private law and so-called public law (an…

Minores

(735 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (more complete: minores viginti quinque annis; singular: minor) in Roman law those under the age of 25. In a narrower (and originally technical) meaning, persons aged 15 to 24 were called minores, in a broader sense anyone who had not reached the age of majority (at least 25 in Roman law). The legal regulations for minores in the narrow sense concerned their ability to enter into contracts and other legal transactions (contractual capacity). This must be distinguished from legal capacity, that is the ability to establish and acquire r…

Classicism

(1,558 words)

Author(s): Riemer, Peter (Potsdam) | Schiemann, Gottfried (Tübingen)
I. Literary history [German version] A. General Classicism, a term formed early in the 19th cent. analogous and antithetically to ‘Romanticism’, initially means the same as the later neologism ‘classical period’: ‘highest perfection’, which was first attested in 1887 [1. 154] and in both English and French is still recognizable in the remaining ambivalence of the term classicism, especially in the contrast of ‘classicism/neo-classicism’ or ‘classicisme/néoclassicisme’ [2. 3, 5f.]. However, in the typol…

Translatio

(166 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] [1] see Status [1] A. see Status [1] A. Schiemann, Gottfried (Tübingen) [German version] [2] Legal expression Translatio iuris ('transfer of rights') finds expression in the famous phrase: "A person cannot transfer to another person rights greater than those he has himself" (' nemo plus iuris transferre potest quam ipse habet', Ulp. Dig. 50,17,54). This formula from the early 3rd cent. AD reflects the concept in classical Roman law that subjective rights do not emerge anew in the person receiving them -- as was assumed in the ear…

Novellae

(881 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Overview Novellae is the abbreviation for the Latin novellae leges (‘new laws’, also Greek nearaí diatáxeis). In general, it refers to the legislation of the emperors in Late Antiquity, enacted chronologically after the official collections of the Codices Theodosianus and Iustinianus ( codex II.C.). In a narrower sense, it refers to the novellae of Iustinianus [1], which in modern editions of the Corpus iuris constitute the fourth and last part of this 6th-cent. collection. In contrast to the other parts ( Institutiones Iustiniani, Digesta, Codex Iustinianus), h…

Consensus

(331 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] is the unanimous will of the parties of a contract (  contractus ). In Roman law it was the basis of the binding character of buying (  emptio venditio ), contracts of lease, work and employment (  locatio conductio ), of commission (  mandatum ) and association (  societas ). The ‘invention of’ consensus as the central element of a system of civil law is one of the ‘grandest juridical achievements, and one of the most influential for further development’ [1. 180]. The liability resulting from consensus necessitates neither a specific form nor an advance nor perfo…

Confarreatio

(182 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] According to Gai. Inst. 1,112, the term confarreatio is based on the fact that during this religious act a farreus panis (a bread made of emmer but not spelt) was sacrificed by the bridal couple to Iuppiter farreusfar ). Apart from the   coemptio and a one-year valid duration of the marriage ( usus), the confarreatio was the third option of establishing the   manus (male power) over the wife. This effect was probably an ancillary result of the confarreatio while the highly festive conclusion of the marriage probably took centre stage in the ceremony. It to…

Contractus

(352 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Gai. Inst. 3,88 contractus constitutes, with delicts, one of the two higher branches of the whole Roman law of obligations. This has led many analysts to translate contractus simply as ‘contracts’. Originally, however, contractus was really not limited to a commitment as a contract but actually meant literally only ‘to incur (an obligation)’. In the period of the principate contractus was indeed understood to be linked to an agreement ( consensus, conventio) (Dig. 2,14,1,3). Even then, however, not every agreement would necessarily lead to a contractus. As no co…

Signum

(297 words)

Author(s): Schiemann, Gottfried (Tübingen)
(Literally 'sign', pl. signa). [German version] [1] (Name) see Supernomen (Name) see Supernomen Schiemann, Gottfried (Tübingen) [German version] [2] (Military matters) see Ensigns; Signals (Military matters) see Ensigns; Signals Schiemann, Gottfried (Tübingen) [German version] [3] Brand mark for slaves The brand mark by which the Romans identified slaves (Slavery). It was used to prevent escape and deter theft, and for criminals in general if they were condemned to work in the mines ( in metallum), thus becoming slaves. Those who had been branded in this manner could …

Aliens, the position of

(1,324 words)

Author(s): Schiemann, Gottfried (Tübingen) | Domhardt, Yvonne (Zürich)
[German version] I. General In the states of the Near East, in Egypt and the ancient urban societies of the Mediterranean the alien, temporarily or permanently entering these societies, was in principle outside the protection of the law, in which only fully-qualified citizens of the respective state and indirectly also their slaves and dependants were included. In general aliens were not, however, left without rights, but were subject to a special law for aliens that protected them in differentiated…

Status

(1,436 words)

Author(s): Walde, Christine (Basle) | Schiemann, Gottfried (Tübingen) | Eder, Walter (Berlin)
(lit. 'standing', 'condition', 'position'). [German version] [1] In rhetoric (Rhetoric). The Latin rhetorical term status (Quint. Inst. 3,6,1; Cic. Top. 25,93) or constitutio (Quint. Inst. 3,6,2: 'ascertainment' i.e. of the point in dispute) equates to the Greek στάσις/ stásis (Quint. Inst. 3,6,3; Cic. Top. 25,93; Isid. Orig. 2,5,1). Walde, Christine (Basle) [German version] A. Definition In the rhetorical system (Rhetoric), status ('standing of the matter of dispute') was the determination, arrived at by a series of questions ( summa quaestio, 'crucial question': Quint. I…

Inscriptio

(131 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Technical term for the listing of sources at the beginning of the fragments of the digests (  Digesta ) and of the constitutions in the Codex Iustinianus ( Codex II C). The Digesta list the author from the Classical period (e.g. Ulpian), his work (e.g. ad edictum = edict commentary), and the number of the ‘book’ (e.g. libro quinto for 5th bk.); the Codex Iustinianus - as already the Codex Theodosianus - lists the emperor who enacted the respective constitution and the addressee. The inscriptiones in the Digesta were the most important sources for reconstructing the…

Postliminium

(202 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] ('right to return home', more common in the combination ius postliminii) is explained in Just. Epit. 1,12,5 as deriving from limen (threshold), and this was supposed to have been metaphorically transferred to the boundary of Roman state territory, so that a prisoner of war, who on his return would be crossing back from beyond ( post) the 'threshold' into the Roman state, would have the right to return to his earlier position before being taken prisoner. On being taken captive by enemies (Prisoners of war), a Roman citizen would become…

Delator

(171 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The person who ‘reports’ something to a Roman authority, but in its narrower sense, esp. with regard to the   delatio nominis , the accuser. Considerable advantages were in prospect for the successful delator: as a rule, in the event of a guilty verdict he received a monetary reward in the form of a proportion of the accused man's property ([1]; with additional information in [2]). This naturally resulted in all kinds of abuse (cf. Cic. Rosc. Am. 55: Roscius was probably accused of political corruption in order t…
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