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Capitatio and Iugatio

Published online by Cambridge University Press:  24 September 2012

Extract

Among the many fields of Roman history which Mr. Last has illuminated the later Roman Empire is not the least, and it was he who first encouraged me to embark on its study. I hope, therefore, that he will accept this contribution to the volume dedicated to his honour both as testimony to the wide range of his interests and as a token of personal gratitude.

The problem of capitatio and iugatio has provoked much controversy and many ingenious theories have been propounded for its solution. In the limited space available it would have been impossible to traverse these theories in detail, and I have therefore thought it best simply to set out the evidence and to see how much can be deduced from it. Two general points must be premised. First, the accurate use of technical terms is not to be expected from the draftsmen of the Codes.

Type
Research Article
Copyright
Copyright ©A. H. M. Jones 1957. Exclusive Licence to Publish: The Society for the Promotion of Roman Studies

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References

1 I take functiones animales to be identical with the capitalis illatio of the colonus, alluded to in the first paragraph of the law; cf. for the form of expression τυχικῆς (read ψυχικῆς) συντελείας in Cod. Just, X, XVI, 13, of A.D. 496.