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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 …

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…

Carnifex

(103 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The hangman, who in Roman society as in virtually every place and time fulfilled a despised function, to be performed beyond the pale of civic life. Execution of  capital punishment by the carnifices was supervised under the Roman Republic by the   tresviri capitales . Whether they were state slaves, as was generally supposed in the past, is entirely uncertain. In Cumae and Puteoli it was the independent undertakers, during the imperial age soldiers too, who fulfilled the duties of the carnifex. Schiemann, Gottfried (Tübingen) Bibliography W. Kunkel, Staatsordnung …

Vindicta

(93 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In the Roman legal procedure of legis actio sacramento in rem ('legal assertion of claim'): the staff that was symbolically applied to the slave or item of property in order to give concrete expression to the plaintiff’s claim and the defendant’s counterclaim to the item. The etymology of vindicta is disputed (cf. most recently [1. 47 f.12]). The most probable connection appears to be with vim dicere ('to assert that one has - legally founded - power over the item'). Rei vindicatio Schiemann, Gottfried (Tübingen) Bibliography 1 A. Bürge, Römisches Privatrecht, 1999.

Caelibatus

(260 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The unmarried state ( caelibatus) was a significant object of social evaluation and legal regulation in Rome. In the Republican period, perhaps following early precursors as early as 403 BC (Val. Max. 2,9,1), the censor (102, not 131 BC) Q. Caecilius Metellus Numidicus spoke out against the unmarried state and childlessness in a speech to the people (Gell. NA 1,6). Augustus took this up, expressly to justify the lex Iulia de maritandis ordinibus, in the first main piece of his legislation relating to marriage (18 BC) (Liv. 59). This law made it obliga…

Spado

(156 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The Latin term for a eunuch, but also for someone who is sterile without having been castrated ( castratio ; Ulp. Dig. 50,16,128). In Roman law, special family and inheritance rights applied to a spado: whereas we have a regulation from the 2nd cent. AD that, in general, allowed a spado to adopt (Gai. Inst. 1,103), under Justinian (6th cent. AD), a distinction was made: the earlier rule applies only to a natural s pado, not to a castrated person (Inst. Iust. 1,11,9). This corresponds to a  general trend against castration in Late Antiquity: permission to marry for a s pado, but …

Rescriptum

(223 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (the 'reply letter') is one of the most important sources for Roman imperial law. In Gai. Inst. 1,5, the rescriptum is simply called epistula ('letter'), but classed as belonging to the constitutiones ('imperial laws'). Already in the Principate, the emperor received queries and proposals from officials and private persons on every matter imaginable. The emperor replied commensurate with the preparation in the chancellery ab epistulis with a rescriptum, a draft of which was archived. Starting with Hadrian (beginning of the 2nd cent. AD), the rescripta more and mo…

Divinatio

(235 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Roman term for the procedure of allowing one of several litigants in a private case (  delatio nominis ) to appear before a public criminal court ( iudicium publicum); the origin of this term is unknown. What Gellius NA 2,4 has to say about the word expresses no confidence; it would therefore seem that its history was no longer known to Romans of the 2nd cent. AD. The employment of a religious term would indicate a very early origin. There is however no basis for a reconstruction. In [1] it is convincingly s…

Iactus

(175 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The technical term in Roman law for ‘jettison’, the unloading of goods at sea from a ship in distress. The so-called lex Rhodia de iactu held that in these cases a community of endangerment of all involved existed: between the damaged party, the mariner ( nauta) and the owners of the salvaged load. In fact, this lex was a customary law throughout the Hellenistic world. Specifically, the damaged party could demand his share of compensation from the mariner in a service contract suit ( actio locati), while the mariner could in turn demand a compensation from the oth…

Lending

(381 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Handing an object to someone for use free of charge probably occurs in all societies every day. Legal conflicts hardly ever result from it. Many legal systems therefore manage without special regulations for these circumstances. It was probably generally the same in antiquity. Roman law, however, equally contains two institutions for the social phenomenon of the loan: the precarium (loan at request) and the commodatum, a binding contract by which the lender is obligated to hand over the object until the end of its usage or until the expiry of …

Libellus

(790 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Libellus in civil actions Libellus (‘small document’) was, from around the mid 5th cent. AD, the technical term for the complaint in a Roman civil action, which by this time was less ponderously arranged than in the formerly customary procedures of the litis denuntiatio . The libellus contained the facts upon which the complaint was based, without detailed explanatory statements, and a motion to summon the respondent ( postulatio ). The judge firstly addressed the legitimacy of the summons request (‘conclusiveness test’), reaching a sententia

Naturales liberi

(370 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (also known as liberi naturales ). In Late Antiquity, ‘natural children’ were the issue of an illegitimate union ( concubinatus ). Compared to other children of illegitimate descent ( spurius ), they were privileged in many respects. Thus, the possibility of a legitimation, that is the eventual acquisition of the legal status of legitimate offspring ( legitimi), existed only for NL. In what was probably initially intended as an incentive to contract marriage with one's partner in concubinage, the parents' marriage brought about the ful…

Communio

(722 words)

Author(s): Schiemann, Gottfried (Tübingen)
Joint ownership of an object in Roman law. [German version] A. Past history The most important circumstances that led to the formation of a communio entailed a community of purchasers ( societas quaestus) or a community of heirs. Regarding both, the communio did not gain acceptance until late, towards the end of the Republic. Before that, multiple heirs were joined in a community of ercto non cito (after erctum ciere: to make a division), as we know from the papyrus find of 1933, containing Gaius, Institutiones 3, 154a, b. It originally meant a community of property that exclude…

Capitatio

(111 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The poll-tax of the late Roman Imperial Age from Diocletian (AD 297). As capitatio plebeia, it was probably levied on the urban population. With regard to the taxation of the rural population, it is disputed whether the capitatio was raised independently or was -- as an indicator of income -- only an important unit in the calculation of the land-tax ( iugatio). Widows and orphans, soldiers and veterans were entirely or partly exempted from the capitatio.  Annona;  Iugum Schiemann, Gottfried (Tübingen) Bibliography W. Goffart, Caput and Colonate: Towards a Histo…

Abortio

(196 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] also partus abactio, is  abortion in late Roman law. For a long time abortion in Rome was apparently not punishable, any more than it was in Greek law (  amblosis ). This was consistent with a legal system which even allowed abandonment of children. It is possible, though, that the censor made sure there was effective social control with regard to evident abuses. Not until a rescript of Sept. Severus and Caracalla (cf. Marcianus Dig. 47,11,4) was exile imposed on married and divorced women w…

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…

Nuptiae

(178 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (from nubere, ‘to cloak oneself, to put on a veil’) refers to marriage in Roman society (Marriage III.B.). A title of the Digesta (23,2: De ritu nuptiarum) with 68 fragments is devoted to wedding customs (III.). This indicates that Roman jurists gave close attention to the requirements for a legal marriage ( iustum matrimonium ). Since fulfilling the matrimonial requirements at the time of the nuptiae was of critical importance for legal recognition of the marriage, the term nuptiae eventually came to be used as a synonym for matrimonium in referring to marriage in g…

Institutiones

(404 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] The Roman jurists were probably the first who derived institutiones as a title for elementary textbooks from the term institutio (teaching course) in the 2nd cent. The significance of this Roman genre for European legal history extends far beyond what one might expect of ancient introductory didactic works: when the work of codifying Roman juristic law in the form of the  Digesta had advanced to a point that their success seemed certain, in AD 533 emperor Justinian commissioned his minister of justice  Tribonianus as well as the Byzantine l…

Notary

(88 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] ( notarius). In legal cultures favouring the written record of acts of law, a notary is needed as an officially appointed scribe. This function was held, in Ptolemaic and Roman Egypt for example, by the agoranómoi , and in the Roman Imperial period and especially in Late Antiquity, the tabellio (documentary scribe). The Latin technical term notarius designates in Late Antiquity a senior official or officer with a special imperial mission, and also the secretary of the consistorium (as tribunus et notarius). Schiemann, Gottfried (Tübingen)

Criminal procedure

(366 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] From a historical perspective it is only possible to speak of a criminal procedure (CP) in the technical sense if we can distinguish a field of criminal prosecution in the public (state) interest ( Punishment; Criminal law) from legal prosecution in the civil interest (including any civil law penalties, Lat.   poena ). The fact, for example, that private  revenge is channelled via the obligation to conduct a judicial procedure still does not constitute a CP: to protect public peace and state authority, only the …

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…

Litis contestatio

(653 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] A. Term In Roman legal language, lis is the expression for a dispute, in particular when it is taken to court. Litis contestatio (LC) thus refers to the ‘witnessing’ of such a dispute (Fest. p. 34,50 L.). The instigation of a claim (action) and defence (repudiation of action) in front of witnesses determined the course of a (civil) law suit. Until the predominance of the imperial cognitio procedure around AD 300, LC was the crucial point [1. 77] in the entire proceedings. Schiemann, Gottfried (Tübingen) [German version] B. Legis actio procedure The necessity of summonin…

Vincula

(309 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] (literally 'chains'). In legal provisions as early as the Twelve Tablets (Tab. 3,3; Tabulae Duodecim ) a creditor could place a debtor in vincula for the purpose of legal enforcement. In this way a culpability was established. Initially its goal was to force the payment of a debt by the debtor himself or a third party, but was also a transitional stage in taking control, after the expiry of a deadline, of the person of the debtor in order to sell him e.g into slavery or to have him work off the amount he was convicted of in bonded labour. This former function of vincula is alluded t…

Contumacia

(299 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] Derived from contemnere (to despise; this meaning of the word survives today in the contempt of court of British law). In Roman law the contumacia meant above all the defendant's failure to obey a legal summons in the exercise of extraordinaria  cognitio . No similar use of the word contumacia is encountered before the introduction of this procedure in the Principate and of the contumacia, probably under Claudius. Admittedly a comparable function existed in earlier civil proceedings after the XII Tables (5th cent. BC) in a judge's ruling for o…

Verdict

(105 words)

Author(s): Schiemann, Gottfried (Tübingen)
[German version] In Greek and Roman Antiquity, the verdict was determined entirely by the preceding complaint or charge, e.g. in Athens by dike [2] (civil complaint) and graphe [1] (criminal charge). For a verdict to be pronounced, there then remained nothing further to be established; it was merely a question of counting the votes of the deciding committee. The function of the ‘judge’ ( iudex ) in Roman law was essentially confined to hearing evidence. The legal judgement was anticipated by the admission of the complaint ( actio [2]), in particular by the praetor . Pro…

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)
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