로마매매법상 노예매춘금지조항
Ne serva prostituatur. Prohibitive clause in the Sale of Slaves in Roman Law

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서울대학교 법학연구소
법학, Vol.45 No1 pp.27-59
노예제 사회특약조항여자노예 매춘금지조항로마제국의 노예와 주인
The ancient Rome was a slave-owning society. The masters might stipulate a
contractual terms for the sale of a slave, according to which the slave should be
exported (ut exportetur), or manumitted (ut manumittatur), or not manumitted (ne
manumittatur), or not prostituted (ne prostituatur). This article deals only with
the last clause “ne serva prostituatur” in its usual typical forms. It shows that
the Roman slaves were forcibly engaged in the prostitution organized and
managed by a pimp (leno or lena).
The clause was used alone, or with other covenants sanctioning the effect of
its contravention. Typical additional clauses were those prescribing liberty to the
prostituted slave-girl, or securing a manus iniectio or ius abducendi for the
vendor, or a conventional penalty (poena) either by a stipulatio (Pap.
or a nude pact (pactum) (Cf. Pap. D.18.7.7).
The first Roman jurist referring to these clauses is Massurius Sabinus who
was active under Tiberius(14-37 C.E.) and the successive emperors (Pap., but it is reasonable to assume that they had been used in the legal
transactions much earlier.
According to the legal sources, the combination of a prohibitive clause and a
conventional penalty was usual in its frequency and probably the oldest in its
age (Pap.-Sab. The ius abducendi, the right of the vendor to take
the prostituted slave-girl back, was developing simultaneously or a little later
(Alex.- Hadr. C.4.56.1 [a.223]). We may suppose that it was already in a full
shape when Hadrianus(117-138 C.E.) endorsed and authorized it with a full legal...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 45, Number 1/4 (2004)
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