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Justinian I · The Digest of Justinian §9.2.3.pr

Requirement of Unlawfulness in Killing under the Lex Aquilia

Passage 1519 of 9271 · Latin

Summary

Ulpian explains that the Lex Aquilia applies to the unlawful killing of a slave, noting that it is not mere killing but the unlawfulness of the act that is required.

[ULPIANUS libro octauo decimo ad edictum. ] §9.2.3.prSi seruus seruaue iniuria occisus occisaue fuerit, lex Aquilia locum habet.
[ULPIAN, from the eighteenth book on the Edict.]\n\nIf a male or female slave has been unlawfully killed, the Lex Aquilia applies.
iniuria occisum esse merito adicitur: non enim sufficit occisum, sed oportet iniuria id esse factum.
It is with good reason added that they must be "unlawfully killed"; for it is not enough that they were killed, but it is necessary that this was done unlawfully.

Notes

  1. §9.2.3.prlocum habet — Literally "has a place," which is an idiomatic expression in legal contexts meaning "applies" or "comes into play."
  2. §9.2.3.priniuria — The ablative singular form of the noun "iniuria" (injury, injustice), used here adverbially to mean "unlawfully" or "wrongfully".
  3. §9.2.3.proccisum — An accusative infinitive clause acting as the subject of "non enim sufficit" (for it is not sufficient), with "esse" omitted, representing "occisum [esse]" (that [the slave] was killed).

Cite this passage

Justinian I, The Digest of Justinian §9.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.3.pr

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