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Justinian I · The Digest of Justinian §48.9.5.pr

Relegation of a Father for Murdering His Son and Paternal Power

Passage 8261 of 9271 · Latin

Summary

The case is cited where Emperor Hadrian relegated a father to an island for killing his son, who was committing adultery with his stepmother, asserting that paternal power must be based on affection rather than cruelty.

[IDEM libro quarto decimo institutionum. ] §48.9.5.prDiuus Hadrianus fertur, cum in uenatione filium suum quidam necauerat, qui nouercam adulterabat, in insulam eum deportasse, quod latronis magis quam patris iure eum interfecit: nam patria potestas in pietate debet, non atrocitate consistere.
[THE SAME, Institutes, Book 14] The Divine Hadrian is said to have deported a certain man to an island, when he had killed his own son during a hunt because the son was committing adultery with his stepmother, on the grounds that he had killed him by the law of a robber rather than that of a father; for paternal power ought to consist in affection, not in cruelty.

Notes

  1. §48.9.5.prDiuus Hadrianus fertur ... deportasse — This is a construction of Nominative with Infinitive (NcI), meaning 'Hadrian is said to have deported.' The subject of the passive main verb fertur (3rd person singular present passive of ferre) is Diuus Hadrianus, which also functions as the semantic subject of the perfect infinitive deportasse.
  2. §48.9.5.prlatronis magis quam patris iure — The genitives latronis (of a robber) and patris (of a father) both modify the ablative noun iure (by the right / law / manner). It contrasts 'by the (lawful disciplinary) right of a father' with 'by the manner of a robber' acting with private violence.

Cite this passage

Justinian I, The Digest of Justinian §48.9.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.9.5.pr

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