Simple English definitions for legal terms
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Term: DE DEBITORE IN PARTES SECANDO
Definition: In ancient Roman law, there was a law called the Twelve Tables, which had a title called "de debitore in partes secando." This title can be interpreted in two ways. Some people believe it means to literally cut a debtor into pieces, while others think it means to divide the debtor's estate. The latter interpretation is more commonly accepted. However, some ancient writers believed in the literal meaning. This law has been discussed by many famous writers throughout history, including Montesquieu, Gibbon, and Niebuhr.
De debitore in partes secando is a Latin term that means "of cutting a debtor in pieces." It was the title of a law in the Twelve Tables, which could either mean literally cutting a debtor into pieces or dividing the debtor's estate.
Some writers believe that the term is only a figurative expression, while others argue for its literal meaning. The literal meaning is supported by an expression in the Roman Code itself, which refers to "semoto omni cruciatu" or "removing all torture."
One example of de debitore in partes secando is the case of a debtor who owes money to multiple creditors. If the debtor cannot pay back the full amount, the creditors may divide the debtor's estate among themselves to satisfy their claims.
Another example is the story of the Roman consul Publius Decius Mus, who sacrificed himself in battle to save his army. According to legend, Decius Mus offered himself as a sacrifice to the gods by donning the robes of a high priest and riding into battle. This act of self-sacrifice was seen as a way of atoning for the debts of the Roman people, and it was said that Decius Mus was "cut into pieces" in a symbolic sense.
These examples illustrate the different interpretations of de debitore in partes secando. While some see it as a literal punishment for debtors, others view it as a metaphorical way of dividing assets among creditors or making a sacrifice to the gods.