Mancipatio
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Mancipatio
In Roman law, ''mancipatio'' (f. Latin ''manus'' "hand" and ''capere'' "to take hold of") was a solemn verbal contract by which the ownership of certain types of goods, called ''res mancipi'', was transferred. ''Mancipatio'' was also the legal procedure for drawing up wills, emancipating children from their parents, and adoption. ''Res mancipi'' were goods important in an early agrarian society, like land, rights over land, horses, cattle and slaves. The right of ownership (''dominium'') for such goods was reserved to Roman citizens (Quirites) and therefore called a "quiritian" or a "quiritary" right. The procedure of acquisition of property ''by scales and bronze'' (''per aes et libram'') is described as follows by Gaius: "Mancipatio is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales and hence is called ''Libripens''. T ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), 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 List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Agrarian Society
An agrarian society, or agricultural society, is any community whose economy is based on producing and maintaining crops and farmland. Another way to define an agrarian society is by seeing how much of a nation's total production is in agriculture. In an agrarian society, cultivating the land is the primary source of wealth. Such a society may acknowledge other means of livelihood and work habits but stresses the importance of agriculture and farming. Agrarian societies have existed in various parts of the world as far back as 10,000 years ago and continue to exist today. They have been the most common form of socio-economic organization for most of recorded human history. History Agrarian society were preceded by hunters and gatherers and horticultural societies and transition into industrial society. The transition to agriculture, called the Neolithic Revolution, has taken place independently multiple times. Horticulture and agriculture as types of subsistence developed among h ...
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Horse
The horse (''Equus ferus caballus'') is a domesticated, one-toed, hoofed mammal. It belongs to the taxonomic family Equidae and is one of two extant subspecies of ''Equus ferus''. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature, ''Eohippus'', into the large, single-toed animal of today. Humans began domesticating horses around 4000 BCE, and their domestication is believed to have been widespread by 3000 BCE. Horses in the subspecies ''caballus'' are domesticated, although some domesticated populations live in the wild as feral horses. These feral populations are not true wild horses, as this term is used to describe horses that have never been domesticated. There is an extensive, specialized vocabulary used to describe equine-related concepts, covering everything from anatomy to life stages, size, colors, markings, breeds, locomotion, and behavior. Horses are adapted to run, allowing them to quickly escape predators, and po ...
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Cattle
Cattle (''Bos taurus'') are large, domesticated, cloven-hooved, herbivores. They are a prominent modern member of the subfamily Bovinae and the most widespread species of the genus ''Bos''. Adult females are referred to as cows and adult males are referred to as bulls. Cattle are commonly raised as livestock for meat (beef or veal, see beef cattle), for milk (see dairy cattle), and for hides, which are used to make leather. They are used as riding animals and draft animals ( oxen or bullocks, which pull carts, plows and other implements). Another product of cattle is their dung, which can be used to create manure or fuel. In some regions, such as parts of India, cattle have significant religious significance. Cattle, mostly small breeds such as the Miniature Zebu, are also kept as pets. Different types of cattle are common to different geographic areas. Taurine cattle are found primarily in Europe and temperate areas of Asia, the Americas, and Australia. Zebus (also ...
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Slave
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perform some form of work while also having their location or residence dictated by the enslaver. Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, or suffering a military defeat; other forms of slavery were instituted along demographic lines such as Racism, race. Slaves may be kept in bondage for life or for a fixed period of time, after which they would be Manumission, granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntary slavery, voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civilization, and was legal in most societies, but it is no ...
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Dominium
means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: *Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a holder in life tenure has ''dominium directum'' but not ''dominium utile'', because he may control the property but not exhaust its resources. This is to be distinguished from allodial right or fee simple (dominium plenum) and the right retained by the grantor of the life estate who holds the rights to the utilization of the land's resources (''dominium utile''). *Dominium directum et utile – The complete and absolute dominion in property; the union of the title and the exclusive use. Equivalent in nature to ''dominium plenum'' or ''fee simple''. * – The right of eminent domain. * . – Ownership cannot be held in suspense/; property cannot float in an uncertainty. * – Full or complete ownership of an estate; "fee simple". *Dom ...
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Quirites
Quirites is the name of Roman citizens in their peacetime functions. Etymology Latin ''Quirītis'' most likely stems from an earlier *''quiri-''. The origin of the latter is uncertain. Since the ''quirīs'' is connected with Sabellic immigrants into Rome in ancient legends, it may be a loanword. Ancient etymologies derived the term from the Sabine word for "spear", or from the Sabine capitol of Cures, after the Sabine people were assimilated early in Roman history. The etymology ''*ko-wir-'', then *''co-uiri-um'', 'assembly of the men', has been proposed by some scholars, although De Vaan (2008) notes that it "is not credible phonetically and not very compelling semantically". Combined in the phrase ''populus Romanus quirites'' (or ''quiritium'') it denoted the individual citizen as contrasted with the community. Hence ''ius quiritium'' in Roman law is full Roman citizenship. Subsequently the term was applied (sometimes in a deprecatory sense, cf. Tac. ''Ann.'' ~. 42) to the ...
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Gaius (jurist)
Gaius (; '' fl.'' AD 130–180) was a Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name ('' praenomen''). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Modestinus and Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became most important sou ...
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Institutes Of Gaius
The ''Institutes'' ( la, Institutiones; from , 'to establish') is a beginners' textbook on Roman private law written around 161 CE by the classical Roman jurist Gaius. The ''Institutes'' are considered to be "by far the most influential elementary-systematic presentation of Roman private law in late antiquity, the Middle Ages and modern times". The content of the textbook was considered to be lost until 1816, when a manuscript of it − probably of the 5th century − was discovered. The ''Institutes'' are divided into four books. The first book considers the legal status of persons (), the second and third deal with property rights ( and ), and the fourth discusses procedural actions (). Discovery and textual history An almost complete version of the ''Institutes'' was discovered by Barthold Georg Niebuhr in 1816 in the form of a palimpsest in Verona (Austrian Empire taly. Niebuhr had just accepted a post as Prussian ambassador to the Papal States, when he was dispa ...
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Twelve Tables
The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblower, Antony Spawforth, and Esther Eidinow (eds.) ''Oxford Classical Dictionary'' (4th ed.) In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exagg ...
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Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the '' Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, inclu ...
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Justinian I
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals conquered the Ostrogothic kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The praetorian prefect Liberius reclaimed the south of the Iberian peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued the ''Tz ...
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