Privatus

Last updated

In Roman law, the Latin adjective privatus makes a legal distinction between that which is "private" and that which is publicus, "public" in the sense of pertaining to the Roman people (populus Romanus).

Contents

Used as a substantive, the term privatus refers to a citizen who is not a public official or a member of the military. [1] Increasingly throughout the Middle and Late Republic, the privatus was nevertheless sometimes granted imperium during a crisis; the definition of crisis was elastic, and the amassing of power by unelected individuals (privati) contributed to the breakdown of the checks and balances of the republican system. [2]

Iudex privatus

The iudex privatus was a sole arbitrator or lay judge who conducted a civil case to which the parties had consented and who usually nominated him. In the event that the parties could not agree on a judge, he was chosen from an official list of potential judges drawn up by the praetor. He was also called a iudex unus. [7]

See also

Related Research Articles

<span class="mw-page-title-main">Roman law</span> Legal system of Ancient Rome (c. 449 BC – AD 529)

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. According to the dictionaries, the word is a variant of the Latinized name of Burchard of Worms, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules, although some sources disagree.

<span class="mw-page-title-main">Praetor</span> Official of the Roman Republic

Praetor, also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected magistratus (magistrate), assigned to discharge various duties. The functions of the magistracy, the praetura (praetorship), are described by the adjective: the praetoria potestas, the praetorium imperium, and the praetorium ius, the legal precedents established by the praetores (praetors). Praetorium, as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his castra, the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship.

An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so that anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of homo sacer, and persisted throughout the Middle Ages.

<span class="mw-page-title-main">Political institutions of ancient Rome</span> Lists of political institutions of ancient Rome

Various lists regarding the political institutions of ancient Rome are presented. Each entry in a list is a link to a separate article. Categories included are: constitutions (5), laws (5), and legislatures (7); state offices (28) and office holders ; political factions and social ranks (8). A political glossary (35) of similar construction follows.

Res publica is a Latin phrase, loosely meaning 'public affair'. It is the root of the word 'republic', and the word 'commonwealth' has traditionally been used as a synonym for it; however, translations vary widely according to the context. 'Res' is a nominative singular Latin noun for a substantive or concrete thing—as opposed to 'spes', which means something unreal or ethereal—and 'publica' is an attributive adjective meaning 'of or pertaining to the public, people'. Hence a literal translation is, 'the public thing, affair' or 'the people's thing, affair'.

<i>Cursus publicus</i> Transportation system in ancient Rome

The cursus publicus was the state mandated and supervised courier and transportation service of the Roman Empire, later inherited by the Eastern Roman Empire. It was a system based on obligations placed on private persons by the Roman State. As contractors, called mancipes, they provided the equipment, animals, and wagons. In the Early Empire compensation had to be paid but this had fallen into abeyance in Late Antiquity when maintenance was charged to the inhabitants along the routes. The service contained only those personnel necessary for administration and operation. These included veterinarians, wagon-wrights, and grooms. The couriers and wagon drivers did not belong to the service: whether public servants or private individuals, they used facilities requisitioned from local individuals and communities. The costs in Late Antiquity were charged to the provincials as part of the provincial tax obligations in the form of a liturgy/munus on private individual taxpayers.

Comes, plural comites, was a Roman title or office, and the origin Latin form of the medieval and modern title "count".

<span class="mw-page-title-main">Roman finance</span> Credit practices and financial system of ancient Rome

The practices of ancient Roman finance, while originally rooted in Greek models, evolved in the second century BC with the expansion of Roman monetization. Roman elites engaged in private lending for various purposes, and various banking models arose to serve different lending needs.

<span class="mw-page-title-main">Praefectus</span>

Praefectus, often with a further qualification, was the formal title of many, fairly low to high-ranking, military or civil officials in the Roman Empire, whose authority was not embodied in their person but conferred by delegation from a higher authority. They did have some authority in their prefecture such as controlling prisons and in civil administration.

<i>Duumviri</i>

The duumviri, originally duoviri and also known in English as the duumvirs, were any of various joint magistrates of ancient Rome. Such pairs of magistrates were appointed at various periods of Roman history both in Rome itself and in the colonies and municipia.

The history of Roman law can be divided into three systems of procedure: that of legis actiones, the formulary system, and cognitio extra ordinem. Though the periods in which these systems were in use overlapped one another and did not have definitive breaks, the legis actio system prevailed from the time of the XII Tables until about the end of the 2nd century BC, the formulary procedure was primarily used from the last century of the Republic until the end of the classical period, and cognitio extra ordinem was in use in post-classical times.

The ager publicus is the Latin name for the public land of Ancient Rome. It was usually acquired via the means of expropriation from enemies of Rome.

The Praetor's Edict(Edictum praetoris) in ancient Roman law was an annual declaration of principles made by the new praetor urbanus – the elected magistrate charged with administering justice within the city of Rome. During the early Empire the Praetor's Edict was revised to become the Edictum perpetuum.

<i>Ius</i>

Ius or Jus in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.

Lucius Octavius Cornelius Publius Salvius Iulianus Aemilianus, generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus, was a well known and respected jurist, public official, and politician who served in the Roman imperial state. Of north African origin, he was active during the long reigns of the emperors Hadrian, Antoninus Pius, and Marcus Aurelius, as well as the shorter reign of Marcus Aurelius' first co-Emperor, Lucius Verus.

<i>Tutela</i> Ancient Roman concept of "guardianship"

Tutela was the ancient Roman concept of "guardianship", conceived of as a goddess in the Imperial period, and from the earliest period as a functional role that various tutelary deities might play, particularly Juno. Tutela had particular applications in Roman law.

The proletariat is the social class of wage-earners, those members of a society whose only possession of significant economic value is their labour power. A member of such a class is a proletarian. Marxist philosophy considers the proletariat to be exploited under capitalism, forced to accept meager wages in return for operating the means of production, which belong to the class of business owners, the bourgeoisie.

The aes equestre was an allotment paid during the Roman Republic to each cavalryman to provide him with a horse. This was said to have been instituted by Servius Tullius as part of his reorganization of the military. This allotment was 10,000 asses, to be given to the Equus publicus out of the public treasury of Rome. A similar allotment, the aes hordearium paid for the horses' upkeep, and was funded by a tax of 2,000 ases annually on unmarried women and orphans possessing a certain amount of property

An imperial estate in the Roman Empire it was the "personal property of members of the imperial family, as distinct from property belonging to the Roman state". On the Emperor's death, these properties passed to his successor, and not to his private heirs.

References

  1. Adolf Berger, Encyclopedic Dictionary of Roman Law (American Philological Association, 1953), p. 651.
  2. T. Corey Brennan, The Praetorship in the Roman Republic (Oxford University Press, 2000), pp. 154 online, 610, et passim .
  3. Berger, Encyclopedic Dictionary of Roman Law, p. 670.
  4. Berger, Encyclopedic Dictionary of Roman Law, p. 347.
  5. Berger, Encyclopedic Dictionary of Roman Law, p. 517.
  6. Berger, Encyclopedic Dictionary of Roman Law, p. 381.
  7. George Mousourakis, The Historical and Institutional Context of Roman Law (Ashgate, 2003), p. 128 online.