Legal Definitions - existimatio

existimatio

In Roman law, existimatio refers to two distinct concepts:

• 1. Public Standing and Reputation: This refers to the esteemed civil reputation, dignity, and character held by a Roman citizen. It represented the highest level of social respect and honor a person could achieve within Roman society, indicating an unimpeached and honorable public life.

  • Example A: A decorated Roman general, renowned for his strategic brilliance and unwavering loyalty to the Republic, consistently demonstrated exceptional leadership and integrity. His fellow citizens held him in the highest regard, trusting his judgment and admiring his moral conduct.

    Explanation: The general's widespread respect, untarnished character, and high public esteem among the Roman populace exemplify his strong existimatio.

  • Example B: A prominent Roman orator, known for his eloquent speeches defending the rights of the common people and his consistent adherence to ethical principles in public office, was widely considered a pillar of the community. His family name was synonymous with virtue and public service.

    Explanation: The orator's reputation for integrity, his commitment to justice, and the honor associated with his family name all contributed to his high existimatio, reflecting his unimpeachable standing in society.

• 2. Arbiter's Decision: This refers to the formal decision, judgment, or award issued by an arbiter, who was a neutral third party appointed to resolve a dispute between individuals.

  • Example: Two Roman landowners were in a bitter dispute over the precise boundary line between their properties. Unable to agree, they appointed a respected local magistrate to act as an arbiter. After reviewing all evidence and hearing arguments from both sides, the magistrate issued a definitive ruling on where the boundary lay.

    Explanation: The magistrate's final and binding ruling, which settled the property dispute, is an example of an existimatio in this context.