Naslov
Sacred and religious objects in the provinciae - an exegesis of Gai. 2, 7

Autori
Held, Henrik-Riko

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Ius romanum - Provinciae - Seventh International Conference of the Balkan Association of Roman Law and Roman Legal Tradition

Mjesto i datum
Sarajevo, Bosna i Hercegovina, 22.09.2022. - 24.09.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Recenziran

Ključne riječi
sacer ; religiosus ; res sacrae ; res religiosae ; res extra commercium ; Gaius ; provinciae

Sažetak
At the beginning of the second part of his Institutiones, dedicated to the law of property (res), Gaius defines, among other categories, res sacrae and religiosae as a subdivision of res extra commercium. This definition was a centrepiece of the said classification in classical Roman law and in centuries to come. In one part, Gai. 2, 7, the definition deals with sacred and religious objects in the provinciae. Essentially, Gaius here states that the provincial land could not become religiosum the same way Italic land could (by a burial of a human corpse on one’s property) ; nor that consecration in the provinciae without the authority of the Roman people could lead to an object becoming properly sacred. He then admits that in both cases objects may still be considered as religious or sacred (etiamsi non sit religiosum, pro religioso habetur ; proprie sacrum non est, tamen pro sacro habetur). In this sense, although provincial concepts of sacredness and religiousness were obviously distinct from their strictly Roman counterparts, their practical legal effects were apparently identical. The aim of this paper is to analyse this fragment exegetically, considering its immediate context, a wider array of sources (legal and otherwise) dealing with the same issue and pertinent literature. This reappreciation of the source material and literature may prove helpful in two ways. On the one hand, it may help in clarifying the concept of res sacrae and religiosae both in the center and on the peripheries of the Roman Empire during the classical period of Roman law. On the other, it may be a contribution to a general understanding of sacredness and religiousness in the provinciae during the same timeframe. Both elements were fundamental for further developments, so the analysis may contribute to a better appreciation thereof in Roman legal tradition generally as well.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA