The Roman Law of Slavery: The Condition of the Slave in by W. W. Buckland
By W. W. Buckland
W. W. Buckland's very popular magisterial paintings of 1908 is a scholarly and thorough description of the foundations of the Roman legislations in regards to slavery. Chapters systematically deal with, in Buckland's phrases, 'the so much attribute a part of the main attribute highbrow fabricated from Rome'. In minute aspect, Buckland surveys slaves and the complexity of the placement of the slave in Roman legislation, describing how slaves are handled either as animals and as unfastened males. He starts through outlining the definition of 'slave', their features and stipulations, giving examples of specific situations and describing for the reader the types of labor a Roman slave may possibly do. rigorously and comprehensively referenced all through, this can be a normal survey of an incredible element of Roman legislations by means of a popular Cambridge educational, which keeps its prestige as an everlasting vintage.
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Additional info for The Roman Law of Slavery: The Condition of the Slave in Private Law from Augustus to Justinian
Sample text
48. 5. 41. 1. 48. 2. io 18. 2. 1; 21. 2. 42; 41. 10. 2; 50. 16. 26. In one text we are told that till born the child is a portio matris (25. 4. 1. 1), but this has no general bearing: it means only that till the child has an independent existence, the interdict de liberis agnoscendis has no application. " 41. 1. 66. i« 41. 3. 4. 16; h. t. 44. 2. OH. n] Usucapion of Partus Ancillae 25 acquired. According to Julian, and apparently Papinian, the titulus is the same as that of the mother 1 : if the mother was being usucapted, pro emptore, so is the child.
5. 8. 2. ' 33. 5. 9, 19. 8 C. 6. 43. 3, cp. In. 2. 20. 23. II 33. 5. 8. 2. In Justinian's time at least heredes of a legatee of choice are in the same position. C. 4. 4S. 3. i° 35. 23; In. loc. cit. 20 Promissio of a Slave [PT. I other fixes on the same man, he is at once common. How if the first chooser has died or gone mad in the meantime ? Pomponius decides that the man cannot become common as there can be no common consent. The compilers add that the burnaner view is that he does become common, the original assent being regarded as continuing.
13. 6. 5. 13; C. 4. 23. 2; 4. 24. 2. In late law servi aratores might not be seized (by pignoris captio) under a judgment. C. Th. 2. 30. 1; C. 8. 16. 7. 8 Lusignani (Studi sulla Responsibility per Custodia, i. ) gives a full account of the texts affecting this matter in relation to sale and locatio. His introductory section gives an account of the views of Hasse, Baron, and Pernice. See also for discussion and references, Windscheid, Pand. § 264, n. 9. 7 47. 2. 14. 5. His right to sue implies the liability.