Seminar 3 - Anticompetitive agreements Part 1

Question 1

What are the three elements of status in Roman Law?

Answer 1

Libertas (freedom), Ciuitas (citizenship), Familia (family).

Question 2

What is Capitis Deminutio Maxima?

Answer 2

The loss of liberty and citizenship, the most severe form of status change.

Question 3

How were slaves viewed under Roman law?

Answer 3

Slaves were considered property and had no legal rights. They were subject to the will of their owners.

Question 4

What is the difference between Ius Gentium and Ius Naturale regarding slavery?

Answer 4

Ius Gentium recognized slavery universally, while Ius Naturale viewed it as contrary to nature.

Question 5

What is Manumissio Vindicta?

Answer 5

A formal way to free a slave by touching them with a ceremonial rod in front of a magistrate.

Question 6

Who were Junian Latins?

Answer 6

Freed slaves who gained limited legal rights but did not become Roman citizens.

Question 7

What rights did Roman citizens have?

Answer 7

Citizens had rights such as commercium (trade), conubium (marriage), and testamenti factio (will-making).

Question 8

What is Capitis Deminutio Media?

Answer 8

The loss of citizenship, but not liberty. A Roman citizen becomes a foreigner.

Question 9

What are the three forms of Capitis Deminutio?

Answer 9

Maxima (loss of liberty and citizenship), Media (loss of citizenship), and Minima (change in family status).

Question 10

What is the significance of the peculium in Roman slavery?

Answer 10

Peculium was property that a master allowed a slave to use or manage, often giving slaves a means to buy their freedom.

Question 11

What were the main ways a person could become a slave in Rome?

Answer 11

By being sold by their parents, as punishment for a crime, being born to a slave, or being captured in war.

Question 12

What is Manumissio Testamento?

Answer 12

A slave is freed by a provision in the master’s will, which was the most common form of manumission.

Question 13

What were the limitations on a Junian Latin’s rights?

Answer 13

Junian Latins could not make a will or participate in political life, though they could engage in commerce (commercium).

Question 14

What legal obligations did a freedman (libertus) owe to his former master (patronus)?

Answer 14

The libertus owed obsequium (deference), including political support and sometimes financial or labor obligations (operae).

Question 15

How could a Roman slave legally initiate an investigation into their master’s treatment?

Answer 15

A slave could seek sanctuary at a temple or hold onto a statue of the emperor to trigger a magistrate’s investigation.

Question 16

What rights did Roman women have compared to men?

Answer 16

Roman women had commercium (rights to contracts) but lacked conubium (full rights in marriage) and political rights like voting.

Question 17

What were the honestiores and humiliores?

Answer 17

Honestiores were privileged citizens exempt from corporal punishment and torture, while humiliores were the lower social classes subject to harsher penalties.

Question 18

What was the Lex Petronia de seruis?

Answer 18

A law that prohibited masters from forcing their slaves to fight wild animals in the arena without a magistrate’s permission.

Question 19

What is postliminium?

Answer 19

The principle that allowed a Roman citizen captured in war to regain their legal rights if they escaped and returned to Roman territory.

Question 20

What was the main consequence of infamia in Roman law?

Answer 20

A person labeled as infamis lost many rights, including holding political office, voting, and making a will.