Автор: Courtroom and you will Social status
Up until now we have been these are the newest ius civile, ‘civil law’ – literally the law to have owners. But Rome is unusual than the Greek when you look at the an interesting esteem here: the latest ius civile wasn’t truly the only ius. Instead the romans acknowledged, given that a broad idea, that there has also been an excellent ius gentium, ‘rules of individuals.’ It was an element of the mos maiorum as opposed to an excellent authored part of Roman legislation but still the newest Romans felt all of the individuals – also non-residents – to take some legal defenses beneath the ius gentium, a rules one pertains to individuals. Obviously the brand new defenses of your ius gentium were not as the thorough given that those of this new ius civile; you would far rather manage to attract the second than just the former. Neverthless, Roman jurists basically stored you to earliest protections out-of individual, possessions and price is applicable as part of the ius gentium. seven
While the speeches are performed, the fresh new iudex both makes a decision (as in a private case) and/or jury votes (when you look at the a public circumstances)
Roman rules thus didn’t operate underneath the principle that most was basically equal through to the law: away from they (however none did Greek rules). There’s a law for customers (ius civile), a rules to have low-people (ius gentium); non-citizens from certain allied communities from inside the Italy on Roman Republic may additionally has actually an extra plan from liberties ahead of your ius gentium called the ius Latinum, ‘new Latin proper.’ Without a doubt the extreme variety of this have been the fresh new functionally non-existent legal rights out of enslaved people in the new Roman business; this will be a topic very because of its own blog post plus one big date we’re going to need a far more sustained see ancient Mediterranean slavery, however in brief: submissives on the Roman world had functionally zero court defenses.
Harder is the positioning out-of dependents from inside the family members. As much as Roman laws are worried, the family – familia – headed by a father (pater familias) is actually a key court device. Students stayed within the legal fuel of the father (patria potestas) before the dad passed away (or even in some cases for females, marriage); even a grown-up son remained the latest court based out of his father while you are their father lived. People within the potestate (beneath the lovingwomen.org klicka för mer fuel of another) don’t hold their own assets in the a legal feel – their property arrived underneath the electricity of its pater familias. However they would not make joining transactions instead of his concur (regardless of if a single when you look at the potestate you will definitely still vote, suffice on the armed forces and you will focus on having work environment). Individuals underneath the legal strength of some other – become it pupils or submissives – possess a small amount of pseudo-property called a great peculium, however, this was still technically an expansion of the home away from this new pater familias. The new peculium is much more related whenever talking about bondage, however, once again, which is an interest for another day.
Pupils who wound up without good pater familias had been tasked a court guardian (a great tutor); a father might specify a guardian in the usually – otherwise that is actually chosen of the praetor, to the rules indicating the fresh nearest male-line cousin if possible. Guardianship of the type survived until the inheriting youngster is actually often twelve (having girls) otherwise fourteen (to possess boys). Notionally, these guardianships are not just to protect the children, but also the assets, which after every one of the youngster would be to perish prior to that have college students, might return towards the broader household members.
The difficulty for women is more cutting-edge. Demographically, functionally all women when you look at the Roman community partnered at least once and Roman law effectively assumes on this. Just before marriage, girls are located in the new potestas of their father, such as sons. Legitimately, this might or might not changes having age in two courtroom brands, spunk manu and you will sine manu, “with” and “without” ‘brand new hands.’ Manus, ‘the newest hand’ get one of these phrase getting potestas, thus really this means, “for the import away from legal power” (jizz manu) and you can “without any transfer of judge strength” (sine manu). Less than a spunk manu age judge status because the an excellent child in order to her spouse, 8 with her assets to-be his possessions, in the event she got before been sui iuris (legitimately separate), however, she as well as will get one of his heirs. Below a great sine manu marriage, their courtroom position cannot change, she remains an enthusiastic heir to dad although not their unique spouse – essentially lawfully organized just like their brothers.
