Caesar did not confine himself to helping the debtor for the moment; he did what as legislator he could, permanently to keep down the fearful omnipot… - Theodor Mommsen
" "Caesar did not confine himself to helping the debtor for the moment; he did what as legislator he could, permanently to keep down the fearful omnipotence of capital. First of all the great legal maxim was proclaimed, that freedom is not a possession commensurable with property, but an eternal right of man, of which the state is entitled judicially to deprive the criminal alone, not the debtor. It was Caesar, who, perhaps stimulated in this case also by the more humane Egyptian and Greek legislation, especially that of Solon,(68) introduced this principle--diametrically opposed to the maxims of the earlier ordinances as to bankruptcy-- into the common law, where it has since retained its place undisputed. According to Roman law the debtor unable to pay became the serf of his creditor.(69) The Poetelian law no doubt had allowed a debtor, who had become unable to pay only through temporary embarrassments, not through genuine insolvency, to save his personal freedom by the cession of his property;(70) nevertheless for the really insolvent that principle of law, though doubtless modified in secondary points, had been in substance retained unaltered for five hundred years; a direct recourse to the debtor's estate only occurred exceptionally, when the debtor had died or had forfeited his burgess-rights or could not be found. It was Caesar who first gave an insolvent the right--on which our modern bankruptcy regulations are based-- of formally ceding his estate to his creditors, whether it might suffice to satisfy them or not, so as to save at all events his personal freedom although with diminished honorary and political rights, and to begin a new financial existence, in which he could only be sued on account of claims proceeding from the earlier period and not protected in the liquidation, if he could pay them without renewed financial ruin.
About Theodor Mommsen
Christian Matthias Theodor Mommsen (30 November 1817 – 1 November 1903) was a German classical scholar, jurist and historian, generally regarded as the greatest classicist of the 19th century. He received the Nobel Prize in Literature in 1902, and was also a prominent German politician, as a member of the Prussian and German parliaments.
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Additional quotes by Theodor Mommsen
An equally characteristic feature in the brilliant decay of this period was the emancipation of women. In an economic point of view the women had long since made themselves independent;(57) in the present epoch we even meet with solicitors acting specially for women, who officiously lend their aid to solitary rich ladies in the management of their property and their lawsuits, make an impression on them by their knowledge of business and law, and thereby procure for themselves ampler perquisites and legacies than other loungers on the exchange. But it was not merely from the economic guardianship of father or husband that women felt themselves emancipated. Love-intrigues of all sorts were constantly in progress. The ballet-dancers (-mimae-) were quite a match for those of the present day in the variety of their pursuits and the skill with which they followed them out; their primadonnas, Cytheris and the like, pollute even the pages of history. But their, as it were, licensed trade was very materially injured by the free art of the ladies of aristocratic circles. Liaisons in the first houses had become so frequent, that only a scandal altogether exceptional could make them the subject of special talk; a judicial interference seemed now almost ridiculous. An unparalleled scandal, such as Publius Clodius produced in 693 at the women's festival in the house of the Pontifex Maximus, although a thousand times worse than the occurrences which fifty years before had led to a series of capital sentences,(58) passed almost without investigation and wholly without punishment. The watering-place season—in April, when political business was suspended and the world of quality congregated in Baiae and Puteoli— derived its chief charm from the relations licit and illicit which, along with music and song and elegant breakfasts on board or on shore, enlivened the gondola voyages. There the ladies held absolute sway; but they were by no means content with this domain which rightfully belonged to them; they also acted as politicians, appeared in party conferences, and took part with their money and their intrigues in the wild coterie-doings of the time. Any one who beheld these female statesmen performing on the stage of Scipio and Cato and saw at their side the young fop—as with smooth chin, delicate voice, and mincing gait, with headdress and neckerchiefs, frilled robe, and women's sandals he copied the loose courtesan— might well have a horror of the unnatural world, in which the sexes seemed as though they wished to change parts. What ideas as to divorce prevailed in the circles of the aristocracy may be discerned in the conduct of their best and most moral hero Marcus Cato, who did not hesitate to separate from his wife at the request of a friend desirous to marry her, and as little scrupled on the death of this friend to marry the same wife a second time. Celibacy and childlessness became more and more common, especially among the upper classes. While among these marriage had for long been regarded as a burden which people took upon them at the best in the public interest,(59) we now encounter even in Cato and those who shared Cato's sentiments the maxim to which Polybius a century before traced the decay of Hellas,(60) that it is the duty of a citizen to keep great wealth together and therefore not to beget too many children. Where were the times, when the designation "children-producer" (-proletarius-) had been a term of honour for the Roman?
After Rome had acquired the undisputed mastery of the world, the Greeks were wont to annoy their Roman masters by the assertion, that Rome was indebted for her greatness to the fever, of which Alexander of Macedon died at Babylon on the 11th of June, 323. As it was not very agreeable for them to reflect on the actual past, they were fond of allowing their thoughts to dwell on what might have happened, had the great king turned his arms towards the west, and contested the Carthaginian supremacy by sea with his fleet, and the Roman supremacy by land with his phalanxes. It is not impossible that Alexander may have cherished such thoughts; nor is it necessary to resort for such an explanation of their origin to the mere difficulty which an autocrat provided with soldiers and ships experiences in setting limits to his warlike career. It was an enterprise worthy of a great Greek king to protect the siceliots against Carthage and the Tarentines against Rome.. and the Italian embassies from the Bruttians, Lucanians, and Etruscans, that long with numerous others made their appearance at Babylon, afforded him sufficient opportunities of becoming acquainted with the circumstances of the peninsula, and of contracting relations with it. Carthage with is many connections in the east could not but attract the attention of the mighty monarch, and it was probably part of his design to convert the nominal sovereignty of the Persian king over the Tyrian colony into a real one: the apprehensions of the Carthaginians are shown by the Phoenician spy in the suite of Alexander. Whether, however, those ideas were dreams or actual projects, the king died without having interfered in the affairs of the west, and his ideas were buried with him. For a few brief years a Grecian ruler had held in his hands the whole intellectual vigour of the Hellenic race combined with the whole material resources of the east. On his death the work to which his life had been devoted - the establishment of a Hellenism in the east - was by no means undone; but his empire had barely been united when it was again dismembered, and, admidst the constant quarrels of the different states that were formed out of its ruins, the object of world-wide interest which they were destined to promote - the diffusion of Greek culture in the east - though not abandoned, was prosecuted on a feeble and stunted scale.