Freedom as a natural ability in Roman law

Objectives The subject of this study is the issue of perception of individual freedom by Roman lawyers. It is generally accepted that slaves were treated as property. However, in order to understand what was the actual perception of slaves and slavery, it is necessary to analyze selected sources of law, especially such lawyers as: Florentinus, Ulpian. Marcianus or Hermogonianus. The institution of favor debitoris was also quite often used to resolve doubts about human freedom. Material and methods The analysis of selected texts by Roman lawyers allows us to illustrate the technique of weighing the value of individual freedom with other values, especially those of a property nature or with the purpose of performing a legal act. Results The study analyzed general sources, and then in the scope of a family's application for regaining freedom by a relative and the case of freedom when a free human being was fraudulently sold. The analysis of these sources allows us to conclude that in many cases the value of individual freedom outweighed other property interests. Conclusions This was the result of the recognition that freedom is a natural human condition, which was clearly expressed by the lawyer Florentinus.

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Publication Details

Journal
Journal of Modern Science
Published
2024-12-29
DOI
https://doi.org/10.13166/jms/197007
Primary Topic
Classical Studies and Legal History
Type
article
Field-Weighted Citation Impact
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article

Freedom as a natural ability in Roman law

Bronisław Sitek
Journal of Modern Science
Classical Studies and Legal History
article

Freedom as a natural ability in Roman law

Bronisław Sitek
article en

Abstract

Objectives The subject of this study is the issue of perception of individual freedom by Roman lawyers. It is generally accepted that slaves were treated as property. However, in order to understand what was the actual perception of slaves and slavery, it is necessary to analyze selected sources of law, especially such lawyers as: Florentinus, Ulpian. Marcianus or Hermogonianus. The institution of favor debitoris was also quite often used to resolve doubts about human freedom. Material and methods The analysis of selected texts by Roman lawyers allows us to illustrate the technique of weighing the value of individual freedom with other values, especially those of a property nature or with the purpose of performing a legal act. Results The study analyzed general sources, and then in the scope of a family's application for regaining freedom by a relative and the case of freedom when a free human being was fraudulently sold. The analysis of these sources allows us to conclude that in many cases the value of individual freedom outweighed other property interests. Conclusions This was the result of the recognition that freedom is a natural human condition, which was clearly expressed by the lawyer Florentinus.

Journal of Modern ScienceVol. 60(6)
Uniwersytet SWPS (PL)
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Classical Studies and Legal History
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