Jump to ContentJump to Main Navigation
LegalismProperty and Ownership$
Users without a subscription are not able to see the full content.

Georgy Kantor, Tom Lambert, and Hannah Skoda

Print publication date: 2017

Print ISBN-13: 9780198813415

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780198813415.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 August 2021

Property in Land in Roman Provinces

Property in Land in Roman Provinces

Chapter:
(p.55) 2 Property in Land in Roman Provinces
Source:
Legalism
Author(s):

Georgy Kantor

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198813415.003.0003

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and of the multiplicity of legal regimes governing property relations in Roman provinces outside Italy. This chapter starts from the classic passage in the Institutes of Gaius, claiming that the right of dominium did not exist in provincial land, where it belonged to the Roman state. Gaius’ statement is often dismissed in modern historical scholarship as a ‘conveyancer’s fantasy’ (A.H.M. Jones). It is argued here that, on the contrary, this passage and other similar statements in Roman juristic literature and technical literature on land-measurement, show an important facet of Roman ideas of ownership as a socially contingent right, dependent on civic status of the owner, status of the territory within the empire, and Roman recognition of local property regimes.

Keywords:   Roman Law, Roman Provinces, Imperial Rule, Dominium, Local Property Regimes, Land Ownership

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .