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Justinian I · The Digest of Justinian §50.16.163.pr-50.16.163.1

Superlatives for Single Objects and Boy Including Girl

Passage 8977 of 9271 · Latin

Summary

Paulus argues that terms like 'best and greatest' and 'last will' apply even to a single object, and that the word 'boy' also encompasses 'girl'.

[PAULUS libro secundo ad Sabinum. ] §50.16.163.prIlla uerba 'optimus maximusque' uel in eum cadere possunt, qui solus est.
[PAULUS, in the second book on Sabinus.] Those words 'best and greatest' can also apply to him who is the only one.
sic et circa edictum praetoris 'supremae tabulae' habentur et solae. '
Likewise, with regard to the Praetor's edict, 'last will' is held to be so even if it is the only one.
§50.16.163.1Pueri' appellatione etiam puella significatur: nam et feminas puerperas appellant recentes ex partu et Graece παιδίον communiter appellatur.
By the term 'boy', 'girl' is also signified: for they also call women who have recently given birth 'child-bearers', and in Greek, 'child' is used commonly for both.

Notes

  1. §50.16.163.prhabentur et solae — solae is a nominative complement modifying supremae tabulae. et is used adverbially to mean 'also' or 'even'. This indicates that, just as in the preceding section (162.pr) where the 'last' to die (supremus) applies even to a single person, the 'last will' (supremae tabulae) is held (habentur) to be such even when it is the only one (solae).
  2. §50.16.163.1puerperas — A compound of puer (child) and parere (to bring forth). This is a double accusative construction with appellant, where feminas recentes ex partu (women recently having given birth) is the object and puerperas is the object complement. It is presented as etymological evidence that the word puer originally meant 'child' without distinction of gender.
  3. §50.16.163.1communiter — An adverb meaning 'commonly' or 'in common'. Here it refers to the fact that the Greek word παιδίον (a neuter noun) is used as a common term for both boys and girls.

Cite this passage

Justinian I, The Digest of Justinian §50.16.163.pr-50.16.163.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.163.pr-50.16.163.1

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