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3 - The Dominus Enters the Law

from Part I - Masters of Men and Beasts

Published online by Cambridge University Press:  28 November 2024

James Q. Whitman
Affiliation:
Yale University, Connecticut
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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.”

Type
Chapter
Information
From Masters of Slaves to Lords of Lands
The Transformation of Ownership in the Western World
, pp. 125 - 159
Publisher: Cambridge University Press
Print publication year: 2025

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  • The Dominus Enters the Law
  • James Q. Whitman, Yale University, Connecticut
  • Book: From Masters of Slaves to Lords of Lands
  • Online publication: 28 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009497541.004
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  • The Dominus Enters the Law
  • James Q. Whitman, Yale University, Connecticut
  • Book: From Masters of Slaves to Lords of Lands
  • Online publication: 28 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009497541.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Dominus Enters the Law
  • James Q. Whitman, Yale University, Connecticut
  • Book: From Masters of Slaves to Lords of Lands
  • Online publication: 28 November 2024
  • Chapter DOI: https://doi.org/10.1017/9781009497541.004
Available formats
×