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Simple English definitions for legal terms
capitis deminutio
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A quick definition of capitis deminutio:
Capitis deminutio is a term from Roman law that refers to a change in a person's legal status. It means that a person's legal personality is destroyed and replaced with a new one. This can happen in three ways: by losing freedom (capitis deminutio maxima), by losing citizenship (capitis deminutio media), or by being separated from their family (capitis deminutio minima). Capitis deminutio can also refer to the smallest reduction of status, which involves a change of family but not citizenship or freedom.
A more thorough explanation:
Definition: Capitis deminutio is a term used in Roman law to describe a reduction or alteration of a person's legal status. It refers to the destruction of a person's legal personality and the creation of a new one in its place.
There are three types of capitis deminutio:
- Capitis deminutio maxima: This is the most severe form of capitis deminutio, which occurs when a person is reduced to slavery.
- Capitis deminutio media: This occurs when a person loses their citizenship but retains their freedom. For example, banishment for life to an island or other restricted area had this effect.
- Capitis deminutio minima: This involves a change of family, while both citizenship and freedom are retained.
For example, if a person was enslaved, they would experience capitis deminutio maxima. This would result in a complete loss of their legal personality and the creation of a new one as a slave. Similarly, if a person was banished for life to an island, they would experience capitis deminutio media, which would result in a loss of citizenship but not freedom.