Legal Definitions - capitalis

Capitalis is a Latin term that historically described something of fundamental importance, often related to one's life, liberty, or status within society.

As an adjective, it primarily referred to:

• In Roman law, crimes that carried the most severe penalties, such as death, loss of liberty (e.g., enslavement), or the complete loss of one's rights as a citizen. These punishments were considered "capital" because they struck at the very "head" (caput) of a person's existence or legal standing.
• Historically, something that was principal or chief, such as a leading person or a primary legal action.

As a noun, capitalis referred to such a principal (or chief) person, object, or judicial proceeding.

Here are some examples illustrating the historical use of capitalis:

• Imagine a Roman citizen accused of deserting the legions during wartime. If found guilty, this crime would have been considered capitalis, meaning it could result in a sentence of death, forced enslavement, or the complete forfeiture of their citizenship and property.

  This illustrates the Roman law meaning where a capitalis crime directly threatened a person's life, freedom, or fundamental status within society.

• During a period of political unrest in ancient Rome, a group of senators conspired to assassinate a consul. Their actions, if discovered and proven, would be deemed capitalis offenses, potentially leading to their execution or permanent exile, which was a form of losing citizenship and civic rights.

  This example further clarifies how capitalis applied to offenses that undermined the state or its highest officials, carrying penalties that fundamentally altered or ended the offender's civic existence.

• In a historical account of a complex legal dispute in ancient Rome, a particular magistrate might be referred to as the "capitalis judge" for that case. This would signify that they were the chief or presiding judge, holding the primary authority over the proceedings.

  This example demonstrates the secondary historical meaning of capitalis referring to a person or entity that held a principal or chief position within a specific context, in this case, a judicial one.