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Roman Property Law Quotes

Quotes tagged as "roman-property-law" Showing 1-3 of 3
David Graeber
“The reason it is possible to imagine property as a relationship of domination between a person and a thing is because, in Roman Law, the power of the master rendered the slave a thing (res, meaning an object), not a person with social rights or legal obligations to anyone else. Property law, in turn, was largely about the complicated situations that might arise as a result. It is important to recall, for a moment, who these Roman jurists actually were that laid down the basis for our current legal order â€� our theories of justice, the language of contract and torts, the distinction of public and private and so forth. While they spent their public lives making sober judgments as magistrates, they lived their private lives in households where they not only had near-total authority over their wives, children and other dependants, but also had all their needs taken care of by dozens, perhaps hundreds of slaves.”
David Graeber, The Dawn of Everything: A New History of Humanity

David Graeber
“What is both striking and revealing, for our present purposes, is how in Roman jurisprudence the logic of war â€� which dictates that enemies are interchangeable, and if they surrendered they could either be killed or rendered ‘socially deadâ€�, sold as commodities â€� and, therefore, the potential for arbitrary violence was inserted into the most intimate sphere of social relations, including the relations of care that made domestic life possible. Thinking back to examples like the ‘capturing societiesâ€� of Amazonia or the process by which dynastic power took root in ancient Egypt, we can begin to see how important that particular nexus of violence and care has been. Rome took the entanglement to new extremes, and its legacy still shapes our basic concepts of social structure.”
David Graeber, The Dawn of Everything: A New History of Humanity

David Graeber
“Slaves trimmed their hair, carried their towels, fed their pets, repaired their sandals, played music at their dinner parties and instructed their children in history and maths. At the same time, in terms of legal theory these slaves were classified as captive foreigners who, conquered in battle, had forfeited rights of any kind. As a result, the Roman jurist was free to rape, torture, mutilate or kill any of them at any time and in any way he had a mind to, without the matter being considered anything other than a private affair. (Only under the reign of Tiberius were any restrictions imposed on what a master could do to a slave, and what this meant was simply that permission from a local magistrate had to be obtained before a slave could be ripped apart by wild animals; other forms of execution could still be imposed at the owner’s whim.) On the one hand, freedom and liberty were private affairs; on the other, private life was marked by the absolute power of the patriarch over conquered people who were considered his private property.”
David Graeber, The Dawn of Everything: A New History of Humanity