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''Capitis deminutio'' or ''capitis diminutio'' (lit. "decrease of head") is a term used in Roman law, referring to the extinguishing, either in whole or in part, of a person's former legal capacity. As the Romans only used majuscule letters (capital) and had no minuscule letters, this does not refer to capital letters in a name. There were three changes of state or condition attended with different consequences: ''maxima'', ''media'', and ''minima''. The greatest, ''capitis deminutio maxima'', involved the loss of liberty, citizenship, and family (e.g. being made a slave or prisoner of war). The next change of state, ''capitis deminutio media'', consisted of a loss of citizenship and family without any forfeiture of personal liberty. The least change of state, ''capitis deminutio minima'', consisted of a person ceasing to belong to a particular family, without loss of liberty or citizenship.〔Thomas Mackenzie and John Kirkpatrick, ''Studies in Roman Law'', Chapter II, pp. 71–72.〕 ''Blacks Law Dictionary'' provides the following definition: ''Capitis Diminutio'' (meaning the diminishing of status) In Roman law. A diminishing or abridgment of personality; a loss or curtailment of a man's status or aggregate of legal attributes and qualifications. ''Capitis Diminutio Minima'' (meaning a minimum loss of status) - The lowest or least comprehensive degree of loss of status. This occurred where a man's family relations alone were changed. It happened upon the arrogation () of a person who had been his own master, (sui juris,) (his own right, not under any legal disability ) or upon the emancipation of one who had been under the patria potestas. (authority ) It left the rights of liberty and citizenship unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom.Law, 144. ''Capitis Diminutio Media'' (meaning a medium loss of status) - A lesser or medium loss of status. This occurred where a man loses his rights of citizenship, but without losing his liberty. It carried away also the family rights. ''Capitis Diminutio Maxima'' (meaning a maximum loss of status) - The highest or most comprehensive loss of status. This occurred when a man's condition was changed from one of freedom to one of bondage, when he became a slave. It swept away with it all rights of citizenship and all family rights. Diminutio. Lat. In civil law. Diminution; a taking away; loss or depravation.〔http://thelawdictionary.org/capitis-diminutio/〕 Capite. - Lat. By the head.〔Blacks Law Dictionary – Revised 4th Edition 1968〕 == Notes == 〔 de:Bürgerlicher Tod el:Πολιτικός θάνατος fr:Mort civile lb:Biergerlechen Doud nl:Burgerlijke dood ru:Гражданская смерть sv:Borgerlig död uk:Громадянська смерть 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Capitis deminutio」の詳細全文を読む スポンサード リンク
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