Posted: January 27th, 2016

refer to Borkowski’s Textbook on Roman law by Paul du Plessis among other sources.

he passages below are excerpts from Roman legal sources. For each passage below:
1) Date the source and say something about its nature, importance and any issues in using it. You can make use of cross-references between questions to the extent that sources overlap.
2) Identify the legal doctrines or concepts which arise in the passage and
3) provide some commentary from a legal, legal-historical or socio-historical perspective on the passage and the doctrines contained therein. You should feel free to link and/or contrast with other Roman legal doctrines, concepts of issues.
4) Please refer to Borkowski’s Textbook on Roman law by Paul du Plessis among other sources.
Passage A
However, when he loses citizenship, who on account of some crime is deported to an island, it follows that, because in that way he is removed from the number of Roman citizens, in like manner as if he had died his children cease to be in his potestas. For like reason also if someone, who is in the potestas of his father, should be deported to an island, he ceases to be in the potestas of his father. But if they should be restored by the indulgence of the emperor, they regain their original status in every way. Those fathers who have been relegated, however, retain their children in their own potestas and on the other hand, the children of a relegated man remain in their own father’s potestas. (Justinian, Institutes, 1.12.1-2).