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Justinian I · The Digest of Justinian §50.16.103.pr

Legal Definition of Capital Lawsuits

Passage 8917 of 9271 · Latin

Summary

This section defines the legal term 'capitalis', stating that although it might colloquially seem to refer to any case involving reputation, it strictly means death or loss of citizenship.

[IDEM libro octauo regularum. ] §50.16.103.prLicet 'capitalis' Latine loquentibus omnis causa existimationis uideatur, tamen appellatio capitalis mortis uel amissionis ciuitatis intellegenda est.
[THE SAME, Rules, book 8.] Although every case involving civil standing may seem to those speaking Latin to be 'capital', nevertheless the term 'capitalis' must be understood as referring to death or loss of citizenship.

Notes

  1. 50.16.103.prlicet ... uideatur — The conjunction licet takes the subjunctive present uideatur to form a concessive clause meaning 'although... / even if...'
  2. 50.16.103.prLatine loquentibus — The dative plural of the present participle loquens, functioning as a dative of reference or person judging ('to those who speak Latin' / 'in the eyes of Latin speakers').
  3. 50.16.103.promnis causa existimationis — existimatio refers to one's civil standing, honor, or social reputation in Roman law. Thus, the phrase means any legal case involving the loss or diminishment of one's reputation (such as infamia).

Cite this passage

Justinian I, The Digest of Justinian §50.16.103.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.103.pr

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