Humanitext Reader

Justinian I · The Digest of Justinian §1.5.14.pr

Physical Deformities and Legal Recognition as Children

Passage 78 of 9271 · Latin

Summary

It stipulates that offspring born contrary to the human form as monsters are not counted as children, whereas those who merely have excess limbs or extended functions are considered formed to some extent and numbered among children.

[PAULUS libro quarto sententiarum. ] §1.5.14.prNon sunt liberi, qui contra formam humani generis conuerso more procreantur: ueluti si mulier monstrosum aliquid aut prodigiosum enixa sit.
[PAULUS, in the fourth book of Opinions.] Those who are procreated contrary to the form of the human race, in an unnatural manner, are not considered children: as for example, if a woman should give birth to something monstrous or prodigious.
partus autem, qui membrorum humanorum officia ampliauit, aliquatenus uidetur effectus et ideo inter liberos connumerabitur.
However, an offspring that has extended the functions of human limbs is to some extent deemed to be formed, and therefore will be numbered among children.

Notes

  1. §1.5.14.prliberi — The noun liberi (children) is homonymous with the plural of the adjective liber (free), but here the context (especially the subsequent inter liberos) clearly indicates "children" rather than "free persons."
  2. §1.5.14.profficia ampliauit — "Has extended the functions" refers to physical excesses such as having six fingers (polydactyly). This is distinguished from a complete deviation from the human form (monstrum) and is legally recognized as a human (child).
  3. §1.5.14.preffectus — Perfect passive participle of efficio. It is in the nominative masculine singular, agreeing with the subject partus (a fourth-declension masculine noun). Together with uidetur, it forms a personal construction ("is seen/deemed to be formed/completed") instead of an impersonal one with an accusative and infinitive.

Cite this passage

Justinian I, The Digest of Justinian §1.5.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.5.14.pr

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