ON THE LEGAL STATUS OF THE „CAPTI A PIRATIS“ BETWEEN LITERARY AND LEGAL TESTIMONIES Cover Image

SULLA CONDIZIONE GIURIDICA DEI „CAPTI A PIRATIS“ FRA TESTIMONIANZE LETTERARIE E GIURIDICHE
ON THE LEGAL STATUS OF THE „CAPTI A PIRATIS“ BETWEEN LITERARY AND LEGAL TESTIMONIES

Author(s): Linda De Maddalena
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, International Law, Law and Transitional Justice, Philosophy of Law, Maritime Law, Commercial Law, Comparative Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Slavery; sale; pirates; capture

Summary/Abstract: What was the legal status of those who were captured by pirates? Certainly not the servile one, as emerges from the texts of Ulpianus (D. 49.15.24) and Paulus (D. 49.15.19.2). However, the fact that the prisoners were frequently sold as slaves by pirates in the markets raises numerous legal questions about their actual status libertatis. The deplorable phenomenon of the sale of free men ‘capti a piratis’ is also in literary sources and it is in the light of these testimonies that I try to provide a contribution to the study of the ‘de facto slavery’ of prisoners of the marauders of the sea.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 340-352
  • Page Count: 12
  • Language: Italian