Slavery and Other Forms of Strong Asymmetrical Dependencies by Jeannine Bischoff Stephan Conermann

Author:Jeannine Bischoff, Stephan Conermann
Language: eng
Format: epub
Publisher: De Gruyter
Published: 2022-08-19T20:21:53.701000+00:00

Familia and Dependency in Roman Law Texts

Martin Schermaier Germany

1

Changing Concepts and Unchanging Terms?

Some terms for institutionalized forms of dependency originally developed in Roman law still dominate today’s terminology. When we read servus, we think of a slave; when we read dominus, we think of a slave’s owner; and when we read libertas we think of freedom. Such terms determine our perceptions when talking about dependency. But in using these terms, do we really mean the same things?

Words are indispensable for conceptualizing social phenomena. We can conceptualize only what we can express in language. If we agree that a specific word depicts a complex of meaning, we should be sure that the relationship between word and meaning is stable. Otherwise, communication is impossible, or at least rather difficult. This is even more true with legal terms. Most legal terms are abbreviations of complex social phenomena. If we are not able to rely on their specific meaning, we are forced to negotiate our assessment of such phenomena in each individual case. This is time-consuming and creates uncertainty. Therefore, we should expect legal terms not to change much over time. Of course, we do not use Latin anymore. But the English translations of the terms that denote dependency seem to be undisputed and as stable as their Latin counterparts. The constant use of the terms suggests their continuous meaning.

Such convictions are challenged by the fact that terminological borrowings like the word “family” had a different meaning in Latin. Familia in Roman law texts might also denote the slaves or freedmen in the household.1 Someone who is not aware of that terminological difference might easily misconceive the relevant texts. On the other hand, the term familia also tells us something about Roman conditions of slavery. It does not describe an anonymous group of people oppressed by its owner but had, even in Roman times, a somewhat personal touch. Familia, that is something like “my people,” those living with me. This example offers two insights: Meanings can be more ephemeral than we would suppose. However, a shift in meaning might indicate a shift in the associated social phenomena. “Slaves as part of the family” is a concept that challenges our modern perception of slavery. Is there, maybe, a difference between Roman slavery and that which we usually conceive of as “slavery”?

Such interrelations are familiar to all historians: Words we use today might have had a different meaning in past centuries. Terminological continuity is an illusion. Synonymous terms might conceal differences in concept. This makes it difficult to understand past worlds. To provide an insight into the legal terminology of dependency in Ancient Rome, I would like to concentrate on the term familia and explain its legal and colloquial meaning. We have to bear in mind that Roman law did not create terms of dependency as artificial constructs. It simply employed those which were already in use in everyday language. Over time, though, judicial practice and the activities of jurists, the iurisprudentes, infused these terms with particular meanings.

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