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Justinian I · The Digest of Justinian §50.17.209.pr

Equating Slavery with Death in Legal Principles

Passage 9269 of 9271 · Latin

Summary

Ulpianus presents the legal principle that slavery is generally equated or compared to death.

[ULPIANUS libro quarto ad legem Iuliam et Papiam. ] §50.17.209.prSeruitutem mortalitati fere comparamus.
[ULPIANUS, in his fourth book on the Lex Julia et Papia.] We generally compare slavery to death.

Notes

  1. §50.17.209.prmortalitati — Dative singular of the noun mortalitas (mortality, death). It functions as the dative complement of the transitive verb comparo (to compare/liken something [accusative] to something [dative]). This expresses the legal fiction that equates the status of slavery (seruitutem) in the eyes of the law with physical death.
  2. §50.17.209.prfere — An adverb meaning 'generally,' 'almost,' or 'virtually.' This qualification indicates that the equation of slavery with death is not an absolute dogma in every single legal aspect, but rather a general principle with potential exceptions.

Cite this passage

Justinian I, The Digest of Justinian §50.17.209.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.209.pr

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