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Legal Definitions - gentes

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Simple Definition of gentes

In Roman law, "gentes" refers to the various peoples or nations across the world. This term specifically designated the civilized peoples, distinguishing them from those considered barbaric.

Definition of gentes

In ancient Roman law, gentes referred to the various peoples or nations inhabiting the world, particularly those considered distinct and often "civilized" by Roman standards. It was a term used to acknowledge and differentiate these groups from the Roman citizenry and from each other, recognizing their separate identities, customs, and territories, whether they were allies, adversaries, or subjects of the Roman Empire.

  • Example 1: Diplomatic Relations

    When the Roman Republic engaged in negotiations for a trade agreement with the powerful Egyptian Ptolemaic Kingdom, the Romans would have viewed the Egyptians as a distinct gens. This meant acknowledging them as a sovereign nation with its own established government, culture, and legal system, separate from Rome, with whom formal diplomatic relations were necessary.

    This example illustrates how gentes was used to identify independent, organized nations with whom Rome interacted on a state-to-state level, recognizing their distinct national identity.

  • Example 2: Provincial Administration

    After the Roman conquest of Britannia, the Romans encountered numerous indigenous tribes, such as the Iceni or the Brigantes. Initially, these were recognized as separate gentes – distinct peoples with their own leaders, traditions, and territories – before being gradually integrated into the Roman provincial administration. Roman governors would have had to understand the specific customs of each gens to effectively govern them.

    This example demonstrates gentes referring to distinct ethnic or tribal groups encountered and eventually governed by Rome, highlighting their pre-existing separate identities.

  • Example 3: Legal Distinctions

    A Roman jurist might discuss how the legal principles applied to disputes involving merchants from the Greek city-states (considered a sophisticated gens with a long history of law and commerce) might differ from those applied to nomadic tribes on the eastern frontiers. The Romans often adapted their legal approaches based on the perceived level of organization and custom of the specific people involved.

    This example shows gentes being used to differentiate peoples based on their cultural development and legal sophistication, influencing how Roman law or administration might be applied to them.

The difference between ordinary and extraordinary is practice.

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