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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 …

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 …

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…

Conubium

(399 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Rome being eligible to marry ( conubium) was a prerequisite for a legally valid marriage. Both partners had to have the conubium: Conubium est uxoris iure ducendae facultas. Conubium habent cives Romani cum civibus Romanis: cum Latinis autem et peregrinis ita, si concessum sit. Cum servis nullum est conubium (‘ Conubium is the legal ability to marry a woman. Roman citizens have the conubium to marry each other but, only by special dispensation, to marry Latins and other foreigners . There is no conubium with slaves’; Ulp. 5,3-5). That description omits to mentio…

Parens

(392 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In the history of Roman politics and the ruler cult, parens (literally: either physical parent, in reality, the father) is, in the combination parens patriae (father of the fatherland), a linguistic forerunner of the exalted name for the emperor pater patriae . The best-known example of its use is in 63 BC when the title parens patriae was bestowed on Cicero by Q. Lutatius [4] Catulus in the Senate after the suppression of the Catilinarian conspiracy (Cic. Sest. 121; Cic. Pis. 6). The title meant that Cicero had saved the Republic. Thi…

Auctoratus, Auctoramentum

(202 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] An auctoratus is, according to Gai. Inst. 3,199, a dependent person, who is named together with the minor children and wives as well as the indentured servants ( iudicati). The position of the auctoratus probably rested on a willing subjection by oath ( auctoramentum), perhaps also on a duty of service on behalf of the   pater familias of the auctoratus to the employer. Since the end of the Republic, a free man could commit himself as auctoratus as a  gladiator, which did not protect him from the   infamia which was otherwise associated with the pos…

Deportatio

(214 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Banishment to an island or a desert oasis was a capital punishment in Roman law; in the Principate (at the latest from Trajan's time, soon after AD 100), it replaced the   aqua et igni interdictio , which had replaced the death penalty for upper-class citizens towards the end of the Republic. The aqua et igni interdictio and deportatio involved lifelong loss of citizenship rights and property. As the offender had not escaped penalty by voluntary flight into exile, banishment ─ generally to a quite specific location (Dig. 48,22,6,1) ─ bec…

Carmen famosum

(180 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The carmen famosum (CF) (according to Paulus, Sent. 5,4,6) or malum carmen (defamatory poem) is a criminal offence like the   occentatio placed beside each other in the Tabulae duodecim (8,1). It is possible that this crime was only barely comprehensible even for ancient writers (e.g. Cic. Rep. 4,12), particularly because of the extremely severe penalty for mere defamation: probably  death penalty. It was a matter of private punishment, though, so it was barely more than a legally p…

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…

Patronus

(1,107 words)

Author(s): Lintott, A. W. (Oxford) | Schiemann, Gottfried (Tübingen)
[German version] A. Definition In Roman hierarchical relationships, the term patronus refers to the person of higher rank and correlates thus with the term cliens ; the patronus took the cliens into his fides. Lintott, A. W. (Oxford) [German version] B. Private law The patronus was the holder of a right to control, initially probably as a comprehensive authority over friends (guests) and freedmen, but from about the 2nd cent. BC only as a bundle of rights of the former slave owner in relation to the freedmen manumitted by him. In the 12 Tables (tab. 8,21; Tabulae duodecim), the term patronus

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…

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…

Leasehold

(919 words)

Author(s): Neumann, Hans (Berlin) | Schiemann, Gottfried (Tübingen)
[German version] I. Mesopotamia, Egypt Leasehold in the sense of the limited taking over of the use of land used for agricultural or gardening purposes against payment of a rent, was attested in Mesopotamia from the middle of the 3rd millennium BC. Both institutional households ( Palace; Temple) as well as private individuals could function as lessors. The rent was set either at an absolute value in kind or silver, or as a part of the harvest. The one third leasehold, which meant that the lessor received 1/3 of the harvest and the leaseholder received 2/3, was typical above all for the ea…

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, …

Law, codification of

(1,176 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Orient Codification of law, in the sense of the comprehensive and conclusive regulation of a major and more or less finite subject area, must be discounted for pre- and extra-Roman cultures, regardless of all ancient pronouncements (Egypt: Diod. Sic. 1,95,4f.; Greece: Aristot. Ath. Pol. 2,1273a 35 - 1274b 25) and modern discussions (‘Law of Ḫammurapi’: [11; 13]; Achaemenid empire: [4; 14; 16]) (see the articles in [5]; also [6; 13]). The collection, systematization or uni…

Blood feud

(326 words)

Author(s): Thür, Gerhard (Graz) | Schiemann, Gottfried (Tübingen)
[German version] A. Greek law According to the oldest Greek traditions, the relative of someone who had been killed had a religious duty to obtain revenge with the blood of the killer. As the polis grew stronger, in Athens at any rate from the time of  Dracon (7th cent. BC), the relatives were limited to judicial pursuit of the killer through a δίκη φόνου ( díkē phónou: action for homicide). Even in the Classical Period this remained a private action. In Dracon's time the blood feud (BF) could be brought to an end by payment of monetary compensation (ποινή, poinḗ: wergeld) if those seeking re…

Purchase

(1,351 words)

Author(s): Schiemann, Gottfried (Tübingen) | Neumann, Hans (Berlin)
[German version] I. Introduction After the supersession of the concept that the ideal economic form was an autarkic entity of production and consumption not depending upon trade (e.g. the Homeric oîkos), and after the invention of means of payment - whether in the form of unstamped precious metals or coins - purchase, i.e. the exchange of goods for money, was a self-evident element of ancient societies. In spite of its presumably general distribution, however, purchase was underdeveloped in terms of legal provision. Laws and…

Spurius

(359 words)

Author(s): Steinbauer, Dieter (Regensburg) | Schiemann, Gottfried (Tübingen)
[German version] [1] Latin praenomen Latin praenomen, customary initial abbreviation originally S., then, as it became rarer, from c. 100 BC, Sp. The rare nomen gentile, Spurilius, is derived from its diminutive form, of which no record survives. Some evidence also survives from the Italic languages, e.g. Oscan Spuriis (the personal name identical to the nomen gentile). The vocative formed the basis for the Etruscan personal name Spurie, attested from the 7th cent. BC on. The Etruscan nomen gentile Spurie/ana- was absorbed into Latin in its later pronunciation as Spurinna…

Death penalty

(661 words)

Author(s): Neumann, Hans (Berlin) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Orient The death penalty as a sanction for capital offences is attested in the ancient Near East from the latter part of the 3rd millennium BC as a penalty in varying frequency in the respective statute books and (less often) as a sentence in  documents of  procedural law. Capital offences were, in particular, homicide/killing ( Killing, crimes involving),  robbery, abduction, adultery, various cases of sodomy and incest and other statutory definitions of offences, princip…

Volksrecht

(1,908 words)

Author(s): W.KA. | Schiemann, Gottfried (Tübingen)
[German version] I. Term Volksrecht, a term coined by L. Mitteis [1. 4-9] in 1891, refers to the local legal traditions in the provinces of the Imperium Romanum in contrast to Roman law as Reichsrecht. Conferment of Roman citizenship ( civitas [2]) on (virtually?) all free inhabitants of the empire by the Constitutio Antoniniana (AD 212; see [2; 3]), contrary to some sources (e.g. Theod. Gr. aff. Cur. 9,13 Raeder), did not result in an orientation of provincial legal life towards Roman law. This has been proven by papyri, inscriptions, and by legal opinions from imperial rescripts ( rescript…
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