Book contents
- From Masters of Slaves to Lords of Lands
- Studies in Legal History
- From Masters of Slaves to Lords of Lands
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction: Owning Humans, Owning Land – Two Primitive Modes of the Property Imagination
- Part I Masters of Men and Beasts
- 1 Hierarchy and the Hunt for Prey: Early Human Ownership
- 2 Masters of Men and Beasts: The Early Roman Fantasia of Ownership
- 3 The Dominus Enters the Law
- 4 Classical Roman Slave Law: The Just Hunt for Human Prey
- 5 An Empire of the Chieftainship over People
- Part II From Masters to Lords
- Conclusion: From Man the Killer to Man the Tiller
- Bibliography
- Index
- Studies in Legal History
3 - The Dominus Enters the Law
from Part I - Masters of Men and Beasts
Published online by Cambridge University Press: 28 November 2024
- From Masters of Slaves to Lords of Lands
- Studies in Legal History
- From Masters of Slaves to Lords of Lands
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction: Owning Humans, Owning Land – Two Primitive Modes of the Property Imagination
- Part I Masters of Men and Beasts
- 1 Hierarchy and the Hunt for Prey: Early Human Ownership
- 2 Masters of Men and Beasts: The Early Roman Fantasia of Ownership
- 3 The Dominus Enters the Law
- 4 Classical Roman Slave Law: The Just Hunt for Human Prey
- 5 An Empire of the Chieftainship over People
- Part II From Masters to Lords
- Conclusion: From Man the Killer to Man the Tiller
- Bibliography
- Index
- Studies in Legal History
Summary
This chapter discusses the formation of high classical Roman property law, which displays what Orlando Patterson calls a master/slave “idiom of power.” It focuses on the emergence of the term dominus, “master,” as the ordinary word for “owner.” The rise of the dominus was once the topic of extensive analysis and controversy, and it figured prominently in the ideologies of Communism and Fascism. It has, however, been forgotten by contemporary scholars. The chapter sets out to revive this forgotten topic. Drawing on Roman social history, the chapter argues that the appearance of the new terminology of the dominus in classical law can be linked to important social changes in the nature of Roman elite power. The chapter closes by arguing that Roman property law bore a kinship to classical Greco-Roman religion, which was marked by the “symbolism and ideology of the paradigmatic hunter.”
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- From Masters of Slaves to Lords of LandsThe Transformation of Ownership in the Western World, pp. 125 - 159Publisher: Cambridge University PressPrint publication year: 2025