Search

Your search for 'dc_creator:( "Schiemann, Gottfried (Tübingen)" ) OR dc_contributor:( "Schiemann, Gottfried (Tübingen)" )' returned 305 results. Modify search

Sort Results by Relevance | Newest titles first | Oldest titles first

Elogium

(352 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] [1] Roman honorary inscription for deceased men An honorary inscription placed by the Romans on the tombs of deceased men of rank, on statues and wax masks within buildings or on public places. Most of the elogia on public display were removed by the censors of 158 BC. Most extant material dates from the Imperial period, where it was at times employed in the exalted reconstruction of times long since past. This also applies to the most important and best known examples of elogia, i.e. the inscriptions on the marble statues of the Mars temple on the Forum Augustu…

Querela non numeratae pecuniae

(189 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] 'Claim owing to failure to make monetary payment', in Roman law a development of the corresponding exception ( exceptio ). With this querela, the debtor could annul the validity of an abstract promise to pay ( stipulatio ), if he had entered into the stipulatio in the expectation of a loan payment, but the monetary payment had then not been made. The QNNP was, like the exceptio non numeratae pecuniae from the end of the 2nd cent. AD, among the easements accorded to debtors by the Roman emperors in the proceedings of the cognitio extraordinaria (cf. Cod. …

Mores

(457 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The plural of mos ( mos maiorum , ‘custom of the ancestors’) describes an entire complex of normative requirements in Roman society. While the ideological value of tradition and conservatism stands in the foreground with the word mos, until the early Imperial period mores invoked in the first place a concrete system of norms and sanctions that is most clearly recognizable in the ‘moral jurisdiction’ ( regimen morum) of the censors ( censores ). The censor's reprimand ( nota censoria ) and the censor's harsh sanction of down-grading politica…

Manumission

(1,306 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Early legal systems The manumission of slaves is not attested for all ancient legal systems. Thus the Mesopotamian statutes of Eshnunna and Hammurabi make no such stipulations [1. 161]. In Hittite law too, nothing is known of manumission. The existence of manumission is, however, assumed for Egypt, although categorisation of the unfree (or rather, not entirely free) ‘bondsmen’ as slaves as such is disputed [2. 147]. This circumstance suggests that the legal systems of Greece and Rome also did not know of manumission from their beginnings. Schiemann, Gottfried (Tü…

Ius

(4,952 words)

Author(s): Schiemann, Gottfried (Tübingen)
A. Historical Overview [German version] 1. Ius in ancient Rome Ius, the Roman expression for law, went through considerable changes during the thousand-year history of the Roman state. Ius was originally the criterion by which the permitted exercise of liberty, particularly the legitimate exercise of power (over people and things) was distinguished from the disruptive exercise of force ( vis). Ius in modern terminology was thus subjective law. It attested its legal character ‘by observing a generally known and practised ritual’ [1. 253] in the way it was…

Verbera

(152 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (literally 'strokes, lashes'), e.g. with a stick ( ferula) or a whip ( flagella), were a means of punishment ( castigatio) in Rome. They occurred as an independent (police) punishment primarily for slaves and members of the lower classes ( humiliores, see Honestiores ) in the framework of the policing powers of the magistrates ( Coercitio ), in particular of the Tresviri [1] capitales in the Republican period, then of the emperor and his agents and of the provincial governors. In Roman penal law - as is known from the flagellation of Jesus - verbera were also an 'additiona…

Coitio

(165 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Roman criminal law, a type of criminal association, e.g. between thieves and publicans, as mentioned by Ulpia (Dig. 4,9,1,1), but in particular, the punishable election alliance (a defined case of election fraud,   ambitus ). Election alliances between candidates were probably regarded as harmless as long as only personal relationships, friendships and clientele connections were combined for common success in an election. Distinctly different was the joint bribing of electors on a large scale, against which the lex Licinia by Crassus (55 BC) was directed,…

Ampliatio

(130 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] An ampliatio (continuation of the case at another date) happened in Roman criminal proceedings if part of the jury (e.g. according to the l. Acilia it had to be a third) by special declaration or withdrawing of vote in the question of guilt made it clear that they did not yet regard the case as ripe for judgement ( non liquet). Ampliatio should be distinguished from   comperendinatio , legally prescribed in certain cases. Republican legislation had, it seemed, already tried to oppose the proliferating use of ampliatio by threatening fines against the judges in the c…

Ignorantia

(193 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] An old Roman legal rule deals with ignorantia, also ignoratio (ignorance). According to Paulus (3rd cent. AD, Dig. 22,6,9 pr.) it reads: iuris ignorantia nocet, facti vero ignorantia non nocet (‘ignorance of the law is harmful, but not ignorance of the facts’). The preferred term since the Middle Ages is error. For the Romans error and ignorantia were probably synonymous. Error in law neither prevents responsibility for individual behaviour (under criminal and civil law), nor the effectiveness of the   consensus in legal transactions inter vivos or in declarations…

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)
▲   Back to top   ▲