|
In Roman law, the Latin adjective ''privatus'' makes a legal distinction between that which is "private" and that which is ''publicus'', "public" in the sense of pertaining to the Roman people (''populus Romanus''). Used as a substantive, the term ''privatus'' refers to a citizen who is not a public official or a member of the military.〔Adolf Berger, ''Encyclopedic Dictionary of Roman Law'' (American Philolgical Association, 1953), p. 651.〕 Increasingly throughout the Middle and Late Republic, the ''privatus'' was nevertheless sometimes granted ''imperium'' during a crisis; the definition of crisis was elastic, and the amassing of power by unelected individuals (''privati'') contributed to the breakdown of the checks and balances of the republican system.〔T. Corey Brennan, ''The Praetorship in the Roman Republic'' (Oxford University Press, 2000), pp. 154 (online ), 610, ''(et passim )''.〕 ==Legal terms== * ''Res privatae'', private property, or "things belonging to individuals," in contrast to ''res publicae''.〔Berg, ''Encyclopedic Dictionary of Roman Law'', p. 670.〕 * ''Res privata Caesaris'', the property of the emperor that was purely private. * ''Ager privatus'', privately owned land as distinguished from ''ager publicus''. * ''Actiones privatae'', actions protecting an individual's private interests; similar to ''iudicia privata'', referring to civil trials presided over by the ''iudex privatus'' (below).〔Berg, ''Encyclopedic Dictionary of Roman Law'', p. 347.〕 * ''Iter privatum'', a private road.〔Berg, ''Encyclopedic Dictionary of Roman Law'', p. 517.〕 * ''Carcer privatus'', a private prison. This form of incarceration was used for slaves, and in early time for debtors who failed to pay their creditors (see ''nexum''). The emperors Zeno and Justinian prohibited private prisons.〔Berg, ''Encyclopedic Dictionary of Roman Law'', p. 381.〕 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「privatus」の詳細全文を読む スポンサード リンク
|