Freedom as a natural ability in Roman law

Abstract

Objectives The subject of this study is the issue of perception of individual freedom by Roman lawyers. It is generally accepted that slaves were treated as property. However, in order to understand what was the actual perception of slaves and slavery, it is necessary to analyze selected sources of law, especially such lawyers as: Florentinus, Ulpian. Marcianus or Hermogonianus. The institution of favor debitoris was also quite often used to resolve doubts about human freedom. Material and methods The analysis of selected texts by Roman lawyers allows us to illustrate the technique of weighing the value of individual freedom with other values, especially those of a property nature or with the purpose of performing a legal act. Results The study analyzed general sources, and then in the scope of a family's application for regaining freedom by a relative and the case of freedom when a free human being was fraudulently sold. The analysis of these sources allows us to conclude that in many cases the value of individual freedom outweighed other property interests. Conclusions This was the result of the recognition that freedom is a natural human condition, which was clearly expressed by the lawyer Florentinus.

Keywords

• roman law
• slavery
• individual freedom
• weighing values
• trial for freedom