“The main Roman contribution to the idea of property lay in the realm of law. Roman jurists were the first to formulate the concept of absolute private ownership, which they called dominium… Roman jurisprudence went to great lengths to stipulate every conceivable nuance of property rights: how acquired and how lost, how transferred, how sold. The rights implicit in dominium were so absolute that ancient Rome knew nothing of eminent domain.”

—  Richard Pipes

Source: Property and Freedom (1999), p. 11

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "The main Roman contribution to the idea of property lay in the realm of law. Roman jurists were the first to formulate …" by Richard Pipes?
Richard Pipes photo
Richard Pipes46
American historian 1923–2018

Related quotes

“Justice is closely connected to respect for rights. Modern writers discuss both subjects together with no suggestion that one might discuss one with the other. It was not always so. Greek political theory and Roman Law had sophisticated ideas about justice in its various aspects, but did not embrace our conception of individual rights. This may seem counter-intuitive. How could a society recognize someone as the owner of a piece of property without acknowledging an individual right? How does legitimate one-man­ rule, monarchy, differ from its illegitimate parody, tyranny, unless the lawful king has a right to the authority he exercises that the tyrant does not?
The answer is that property and authority were defined by law rather than our notion of individual rights. To own property was to be the person to whom the law accorded the privileges and immunities that locally defined ownership. To be a legitimate ruler was to be the person the law designated to rule. It is a commonplace that ancient notions of law accorded far more power over property to the family and other groups than modern notions of private property do. Even under the Roman Law, where ownership had an 'absolute' and sovereign character, property was not understood in the modern way; when the law told the judge to give a man his ius, this primarily meant that he should be treated as the law required. The 'subjective' understanding of rights, whereby the right-holder may stand on his rights or not as he chooses, was not a Roman notion.”

Alan Ryan (1940) British philosopher

Justice (1993)

Richard Pipes photo

“In Western Europe since Roman times, private property was considered sacrosanct. The principle enunciated by the Roman Stoic philosopher Seneca that kings rule by the will of the people became fundamental to Western civilization, together with private property, which was the main source of productive wealth.”

Richard Pipes (1923–2018) American historian

“Property and Freedom: The Inseparable Connection,” speech at an “Evenings at FEE” event, October 2004. https://fee.org/resources/property-and-freedom-the-inseparable-connection/

Richard Pipes photo

“Both Fascist Italy and Nazi Germany did indeed allow—or, more accurately, tolerate—private property. However, it was ‘property’ in a peculiar and very restricted sense—not the virtually untrammeled private ownership of Roman law and nineteenth–century Europe, but rather conditional possession, under which the state, the owner of last resort, reserved to itself the right to interfere with and even confiscate assets which in its judgment were unsatisfactorily used.”

Richard Pipes (1923–2018) American historian

Source: Property and Freedom (1999), p. 218

Edmund Burke photo

“There was an ancient Roman lawyer, of great fame in the history of Roman jurisprudence, whom they called Cui Bono, from his having first introduced into judicial proceedings the argument, "What end or object could the party have had in the act with which he is accused."”

Edmund Burke (1729–1797) Anglo-Irish statesman

30 May 1794
On the Impeachment of Warren Hastings (1788-1794)

Harry V. Jaffa photo

“And so, the idea of slave property contradicts the idea of private property, and the Southerners taking their stand on their property rights and their slaves were, in fact, taking their stand on a principle which was incompatible with the idea of constitutional government.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

Richard Pipes photo

“[For the Romans] an essential element of the Law of Nature is the equality of man, specifically, equality before the law, and the principle of human rights, including the rights to property, which antedated the state, and thus are independent of it. Fifteen hundred years later these ideas would furnish the philosophical cornerstone of Western democracy.”

Richard Pipes (1923–2018) American historian

Source: Property and Freedom (1999), p.12

Richard Pipes photo

“Nothing contributed more to the emergence of private property in the West and the rights associated with ownership than the appearance in the late Middle Ages of urban communities.”

Richard Pipes (1923–2018) American historian

Source: Property and Freedom (1999), p. 107

Ilana Mercer photo

“There is no such thing as absolute free speech; there are only absolute rights of private property. Speech is circumscribed by private property rights. You may deliver a disquisition in my virtual or actual living room only if I permit you to so do.”

Ilana Mercer South African writer

“No More Making Whoopy in the Military?” http://barelyablog.com/no-more-making-whoopy-in-the-military Barely A Blog, December 23, 2009. <br class="br">2000s, 2009

Bouck White photo

“This was the Roman Empire's contribution to the world's thought, namely, the solidarity of capital, the oneness of the interests of property irrespective of national boundaries.”

Bouck White (1874–1951) American author and novelist

Source: The Call of the Carpenter (1914), p. 12

St. George Tucker photo

“Civil rights, as we may remember, are reducible to three primary heads; the right of personal security; the right of personal liberty; and the right of private property. In a state of slavery, the two last are wholly abolished, the person of the slave being at the absolute disposal of his master; and property, what he is incapable, in that state, either of acquiring, or holding, in his own use. Hence, it will appear how perfectly irreconcilable a state of slavery is to the principles of a democracy, which form the basis and foundation of our government.”

St. George Tucker (1752–1827) Bermudan lawyer and judge

A Dissertation on Slavery: With a Proposal for the Gradual Abolition of it, in the State of Virginia (1796)

Related topics