LBST 307 Chapter Notes - Chapter 5: Tobin Tax, Orlando Patterson, Ad Valorem Tax
23 Jan 2017
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The definition of slavery in 18th century thinking by john w. cairus. Roman jurist iavolenus priscus stated that all definitions in law were hazardous, for there were few that could not be overturned. Florentinus explained slavery by contrasting it with freedom: f(cid:396)eedo(cid:373) is o(cid:374)e(cid:859)s (cid:374)atu(cid:396)al po(cid:449)e(cid:396) of doi(cid:374)g (cid:449)hat o(cid:374)e pleases, sa(cid:448)e i(cid:374)sofa(cid:396) as it is ruled out either by coercion or law. Slavery is a product of the ius gentium, whereby someone against nature is made subject to the ownership of another. Slaves (servi) are so-called because generals are accustomed not to kill but to sell their captives and thereby to save (servare) them. Tryphoninus states as an aside in a discussion of natural obligations and the condictio indebiti that freedom was found in the natural law and ownership of human beings was introduced by the ius gentium. Ius gentium meant laws that were common to all or most people.
