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Justinian I · The Digest of Justinian §1.5.10.pr

Classification of Hermaphrodites by Predominant Sex

Passage 74 of 9271 · Latin

Summary

The author addresses the question of how to classify a hermaphrodite, concluding that the person should be judged according to the sex that is predominant in them.

[ULPIANUS libro primo ad Sabinum. ] §1.5.10.prQuaeritur: hermaphroditum cui comparamus? et magis puto eius sexus aestimandum, qui in eo praeualet.
[ULPIAN, in the first book on Sabinus] The question is asked: to which sex do we class a hermaphrodite? And I rather think that he should be judged as of that sex which is predominant in him.

Notes

  1. 1.5.10.prcui — The dative singular of the interrogative pronoun `quis`, serving as the object of the verb `comparamus` ('to compare to' or 'to class with'). In this context, it asks which of the two sexes the hermaphrodite should be equated with.
  2. 1.5.10.preius sexus aestimandum — An accusative-and-infinitive construction dependent on `puto`, with the subject accusative (such as `eum` referring to `hermaphroditum`) and the copula `esse` omitted. `aestimandum` is a gerundive of obligation, and `eius sexus` is a genitive of quality indicating the class to which the subject belongs. The relative pronoun `qui` has `sexus` as its antecedent.

Cite this passage

Justinian I, The Digest of Justinian §1.5.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.5.10.pr

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