Related Papers
THE OXFORD HANDBOOK OF ROMAN LAW AND SOCIETY
Paul J. du Plessis, Clifford Ando, Kaius Tuori
The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.
Le realtà della schiavitù: identità e biografie da Eumeo a Frederick Douglass. Atti del XL Convegno Internazionale GIREA Napoli, 18-20 dicembre 2017, Napoli, Satura
The concept of servus poenae in Roman law and its reception in the early modern period
2020 •
Aglaia McClintock
The paper addresses the reception of the terminology of ‘penal servitude’ in the modern age. Penal slavery / servitude is connected to servus poenae, a technical term devised during the II century CE for those condemned for a capital crime, which carried loss of freedom and civic rights, but not necessarily immediate execution. The Romans created a new category of degradation for human beings, that paved the way for the introduction of novel forms of detention and exploitation of felons. There is a gap in scholarship regarding the reception of this ancient institution in the modern age. Instead of being lost in the oblivion of time, direct and indirect citations of and references to the concept and institution of penal servitude resurface in thinkers of the early modern age and the age of revolution who focus on capital punishment and its relations with sovereignty.
Volume 6 in the series Dependency and Slavery Studies
Servi poenae: What did it Mean to Be ‘Condemned to Slavery’?, in Martin Schermaier (ed.), The Position of Roman Slaves Social Realities and Legal Differences (Boston Berlin 2023) 187-201
2023 •
Aglaia McClintock
The article is open access available at the page: https://www.degruyter.com/document/doi/10.1515/9783110987195-007/html Jurists, starting from the mid-second century CE, call servi poenae those who are sentenced to the penalties of decapitation, exposure to wild animals or gladiatorial combat in the arena, burning alive, hard labour for life in the mines, and crucifixion. They introduce a new type of slavery in which the slave’s owner is not clearly determined and, as we will see, the consequences are not exactly the same as in regular slavery. I will try to address five points: 1) origin of the terminology and concept of servus poenae; 2) the role played by the institution in the history of the potential conflict between the punitive power of the dominus on his slaves and the punitive power of the emperor on all the inhabitants of the empire, both free and slaves; 3) the importance of the new label in order to distinguish the legal condition of the people who were respectively, working, being exploited, or being executed in the arena; 4) the religious beliefs as well as the ideology of the amphitheatre as background for the executions; 5) the ambiguity of the expression servus poenae that allows to exploit without owning.
« Justice, res publica and Empire. Subsidiarity and Hierarchy in the Roman Empire », dans The Impact of Justice on the Roman Empire, éd. par O. Hekster et K. Verboven, Leyde, Brill, collection Impact of Empire n° 34, 2019, p. 122-137
Frédéric Hurlet
Roman Law and European Legal Culture (eds. A. Dębiński, M.Jońca)
Maciej Jonca
1. Antoni Dębiński: Introduction to the subject of the conference: the role and significance of Roman law in the legal history of Europe 2. Tomasz Giaro: Roman Law always dies with a codification 3: Mychajło Bajmuratow From Roman municypia to modern local government 4: Paul du Plessis The development of legal doctrine in the ius commune: a case study 5: Wołodymyr Kossak The reception of Roman law regulations on mortgage in the legislation of Ukraine 6: Michal Skreipek Roman roots of contract of bailment in Czech law 7: Jewhen Charytonow Roman law reception in contemporary Ukrainian civil law 8: Wojciech Dajczak The civilian tradition and the modern debate on the rules of private law. Remarks against the factors of unjustified enrichment 9: Marek Kurylowicz Roman law as a universal ethical metaphor (on the example of Louis Aragon and Mieczyslaw Jastrun)
… ad pauciores iuris constituendi iuris uias (Pompon., Dig. 1.2.2.11) – Alternative Ways in the Legal Framework of the Late Roman Republic and Early Principate through the Eyes of an Imperial Jurist
Sven Guenther
"THE SLAVE IN THE WINDOW" in U. Roth (ed.) By the sweat of your brow: Roman slavery in its socio-economic settings (London 2010), 49 - 60
Paul J. du Plessis
Book review: Jill Harries, Law and Crime in the Roman World. Cambridge University Press, Cambridge 2007 and O. F. Robinson, Penal Practice and Penal Policy in Ancient Rome. Routledge, London – New York 2007.
Janne Pölönen
The Relevance of Roman Law: A Look at its Roles and Ideologies
Miklós Könczöl
The paper examines legal historians’ discourses concerning the interpretation of Roman legal sources. It does so by analysing two examples of scholarly debates: one on the use of Roman law as an atemporal legal doctrine, and one in which Roman law appears as a historical manifestation of natural law. The focus is on the different uses of the concept of ‘ideology’ and the possible roles of Roman law in legal education. It is argued that the concept of identity can meaningfully contribute to our understanding of these debates as well as to the study of Roman law in general.
Servus publicus and servus privatus in Ancient Rome: Legal Status and Social Status
2021 •
Bronisław Sitek
Public slaves were a special group of slaves. As a rule, their legal situation was analogous to private slaves. Hence, there are relatively few preserved sources of law regarding this slave group. There are relatively few Romanist studies regarding the legal situation of public slaves. A larger number of these studies appeared only in the second half of the 20 th century. The subject of this study is to compare the legal and social status of both groups of slaves. The purpose is to show a different application of legal provisions depending on their suitability for public matters and the education of public slaves.
