二世紀および三世紀初頭のコロヌスの法的・社会的地位 : イタリアを中心に

概要

論文の詳細を見る
The legal status of a colonus in the first half of the history of the Roman Empire was that of a free person. He was acknowledged to possess various rights in relation to his landlord, but the landlord could subordinate a colonus due to the colonus' duty to pay rent. During the second and third centuries rent came to be paid in kind. The growth of latifundia at this time pulled the colonus away from the markets and must have furthered his dependence on the landlord, as it helped spread the custom of rent payment in kind. Moreover, a colonus' debts deprived him of freedom of movement. As longterm tenancy became common, "relocatio tacita" was put into practice. In this from of tenancy the will of the landlords proved to be absolute. These tendencies intensified during the crisis of the Roman Empire in the third century. However, so long as the Empire remained a state of slave-owners and a complex of city communities, Roman law never recognized the legality of a colonus being bound to the land. Legislation which recognized such bondage in the fourth century directly reflected the interests of the landlords and stemmed from a change in the state system of the Empire.
財団法人史学会の論文
1977-04-20