Legal Definitions - surdus

Surdus is a Latin term used in Roman law to refer to a person who is deaf.

In the context of ancient Roman legal and societal structures, identifying an individual as surdus was significant because it could impact their capacity to participate in legal proceedings, make contracts, or fulfill certain civic duties.

• Example 1: Legal Testimony

  During a property dispute in ancient Rome, a key witness to the original agreement was identified as surdus. The Roman magistrate would then need to consider how to properly record and interpret the testimony of a person who could not hear the questions posed by the court or the arguments of the opposing parties, potentially requiring written communication or other accommodations to ensure fairness.

  This example illustrates how the term surdus directly identifies a deaf individual whose condition had specific implications for their participation in legal processes, such as providing testimony.

• Example 2: Contractual Capacity

  A wealthy Roman citizen wished to bequeath a significant portion of their estate to a relative who was surdus. Roman jurists would have examined whether the deaf relative had the legal capacity to understand and accept the terms of the will or any associated contracts, considering the challenges of communication and comprehension for a person unable to hear spoken words.

  Here, surdus describes the beneficiary's condition, which would prompt legal scrutiny regarding their ability to engage in legal acts like inheriting property or entering into agreements.

• Example 3: Public Office Eligibility

  In a Roman city, a citizen aspiring to hold a minor public office, such as a local administrator, might have been deemed ineligible if they were surdus. The rationale could have been the perceived difficulty in performing duties that required constant verbal communication, listening to petitions, or presiding over public meetings.

  This example demonstrates how being identified as surdus could affect an individual's eligibility for public roles, highlighting the practical and legal considerations tied to deafness in Roman society.