On Florentinus' Definition of Libertas

• Jurisdiction: South Africa
• Published date: 17 March 2021
• DOI: https://doi.org/10.47348/FUND/v26/i2a4
• Author: Perelló, C.A
• Date: 17 March 2021
• Pages: 364-373
• Citation: (2020) 26(2) Fundamina 364

364

https://doi.org/10.47348/FUND/v26/i2a4

ON FLORENTINUS’ DEFINITION OF

LIBERTAS

Carlos Amunátegui Perelló*

ABSTRACT

Libertas is one of the main concepts of public life in the Roman world.

It has a public content when referring to the freedom of the Republic,

and a private implication when it is opposed to slavery. Florentinus’

denition of libertas is quite interesting, because it was given within

the context of slavery, although it does not t that scenario entirely. In

fact, it seems more cogent with regard to the public concept of libertas.

This contribution analyses this aspect in detail.

Keywords: liberty; freedom; slavery; Florentinus; ius et factum

1 Introduction

Liberty is one of the key concepts of modern legal thought. It is

present in all modern constitutions and it portrays different roles

within the positive system – usually included among fundamental

rights – following the eighteenth-century liberal tradition.

* Professor of Roman Law, Ponticia Universidad Católica de Chile. This

contribution is part of the Fondecyt Project 1180022.

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(2020) 26(2) Fundamina 364

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