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Your search for 'dc_creator:( "Schiemann, Gottfried (Tübingen)" ) OR dc_contributor:( "Schiemann, Gottfried (Tübingen)" )' returned 305 results. Modify search
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Sectio bonorum
(91 words)
[German version] ('liquidation of assets') is the model for the Roman collection of debts (
Source:
Brill’s New Pauly
Banishment
(57 words)
[German version] In Graeco-Roman Antiquity banishment largely replaced the death penalty for members of the upper class, but also existed as an independent punishment, as in the Attic
ostrakismós . For details for Greece, particularly Athens, see
phygḗ ,
aeiphygía ,
apeniautismós , for Rome see
exilium ,
deportatio ,
relegatio . Schiemann, Gottfried (Tübingen)
Source:
Brill’s New Pauly
Emancipatio
(577 words)
[German version] Under Roman law the
pater familias generally held paternal authority over his children for as long as he lived. Releasing sons from the control of the
pater was possible only by means of a formal and complicated legal process: the
emancipatio. It was linked to formal alienation by
mancipatio , by which not only a
dominus could sell his slaves but also a father his sons. By means of this ‘sale’ a father gave his sons into servitude with another
pater. Even in the period of the Twelve Tablets (5th cent. BC) no suitable business practice other than the ‘sale’ …
Source:
Brill’s New Pauly
Accusatio
(201 words)
[German version] according to the Digest title 48,2 is the charge in Roman criminal proceedings. The bearer of the
accusatio is in that case a private person. This person first laid a charge (
delatio nominis ). In the later imperial period in an
extra ordinem judicial criminal prosecution it was often the case that this was the sum total of the private share in the course of procedure. In the republican procedure (
quaestio ), on the other hand, the
delator was always and, even later still regularly, a party after admission of the
accusatio by the court magistrate (
receptio nominis) -- simil…
Source:
Brill’s New Pauly
Latini Iuniani
(411 words)
[German version] Roman freedmen, whose manumission (
Manumissio ) was deficient. For this reason the freedman did not receive citizenship and in general had an inferior legal status compared to other freedmen. The term
Latini Iuniani (
LI) is derived from a
lex Iunia (
Norbana?), probably of AD 19. It legally equated certain groups of freedmen with
Latini coloniarii (holders of citizenship in a Latin colony). Therefore, they had no political rights (especially no voting rights) but were able to take part in legal transactions with Roman citizens because they had the
commercium …
Source:
Brill’s New Pauly
Sponsalia
(85 words)
[German version] A couple's engagement in Roman law. The term appears to have derived from the fact that marriage in earlier times had been promised mutually through an official
stipulatio (or through
sponsio ) of the couple's fathers. In the late Republic and in the Principate, the
sponsalia could be revoked freely and it was no longer possible to file a suit for marriage. Indirect commitments (e.g. contract penalties, Dig. 45,1,134 pr.) were abolished as well. Schiemann, Gottfried (Tübingen) Bibliography Honsell/Mayer-Maly/Selb, 392 f. Treggiari, 145-160.
Source:
Brill’s New Pauly
Dictio dotis
(219 words)
[German version] Under Roman law a unilateral promise to provide a dowry (
Dos ). Proculus (Dig. 50,16,125) gives the form of words used to make the promise:
dotis filiae meae tibi erunt aurei centum (‘as dowry for my daughter you will have 100 gold pieces’). The words were said by the father or another male ancestor of the bride, or by herself, or by someone in her debt designated by her (such as a previous husband forced to return the dowry he himself had once received, following an
…
Source:
Brill’s New Pauly
Partus suppositus
(300 words)
[German version] The PS, the substituted child, played a considerable part in Roman legislation and legal science. This could be easily explained in view of the consequences of legitimate birth in terms of status, civil law and succession. Until the early Imperial period (1st cent. AD) it seems that the problem of dubious birth was mostly resolved within the family: The father, as part of his paternal power (
…
Source:
Brill’s New Pauly
Persona
(227 words)
[German version] [1] Masks see Masks Schiemann, Gottfried (Tübingen) [German version] [2] Legal In modern parlance,
persona is indeed a loan word received from Latin; however,
persona in Latin certainly did not have the central meaning that it now conveys in modern legal culture based on rational law (cf. Person). In Ulp. Dig. 50,17,22 pr., Ulpian does indeed mention a
persona servilis, that is, the personality (even) of a slave. However, this is in connection with the conclusion that slaves are not entitled to any legal claims. Rather, the slave was -- a…
Source:
Brill’s New Pauly
Divorce
(474 words)
[German version] The dissolution of marriage through divorce appears to have been possible everywhere in antiquity from Mesopotamia to Rome, of course not always in the same way for men and women. Thus in Egypt in the 1st millennium BC it was possible for women as well as men to make a declaration of divorce; in ancient Jewish law, as probably also in Mesopotamia, on the other hand, the repudiation was only declared by the husband. In any case, Jewish law also linked the dissolution of the marriag…
Source:
Brill’s New Pauly
Supplicium
(250 words)
[German version] ('Punishment') is used in Roman law similarly to
poena , but confined to 'public' punishment (Penal Law) and more specifically the death penalty. One can only speculate on how
supplicium (originally probably a plea for forgiveness) came to acquire the meaning of a punishment. The Twelve Tables (5th cent. BC) do recognize the death penalty in some cases, but primarily as a private punishment; it is not called
supplicium in reports on the law. A
supplicium more maiorum ('punishment according to the tradition of the forefathers') is mentioned several…
Source:
Brill’s New Pauly
Iuridicus
(352 words)
[German version] The term
iuridicus (‘person employed in law’) appears in sources of the Roman Imperial period with very different meanings. 1. From Hadrian, perhaps even Vespasian,
iuridici provinciae, more frequently called
legati iuridici, appear in imperial provinces. They are representatives of the provincial governor's jurisdiction, sometimes for the whole province, sometimes only for districts. It is disputed whether the juridical powers of the
iuridicus were merely derived from the governor (e.g. [1. 1149]) or were genuine imperial powers (as in [2]). 2. The
iuridicus …
Source:
Brill’s New Pauly
War, law of
(436 words)
[German version] The origin of the ancient law of war, like that of international law, cannot be attributed to a particular event or treaty. Already before the Greek and Roman periods there were concepts and customs that may retrospectively be understood as part of a law of war. Thus, in ancient Mesopotamia and Homeric Greece, taking spoils was considered legitimate, and a particularly important part of the spoils was the enslavement of prisoners of war and subjugated peoples ( War booty). The OT …
Source:
Brill’s New Pauly
Military tenure
(283 words)
[German version] is the ownership of land - perhaps better described as ‘soldiers' tenure’ - to which military obligations were attached: whether armed service by the owner or the recruiting and equipping of soldiers (as representatives of the owner, so to speak). Military tenure (MT) in this sense occurred particularly in the Ancient Orient. It is relatively well recorded for the Persian empire of the Achaemenidae [2] (6th-4th cents. BC) and the Hittite empire ( Ḫattusa II.); Egyptian military co…
Source:
Brill’s New Pauly
Falsum
(195 words)
[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 Su…
Source:
Brill’s New Pauly
Matrimonium
(158 words)
[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
…
Source:
Brill’s New Pauly