Capitis deminutio

Capitis deminutio (lit. "decrease of head") is a term used in Roman trials referring to the extinguishing, either in whole or in part, of a person's former legal capacity.

There were three changes of state or condition attended with different consequences, maxima, media and minima. The greatest, capitis deminutio maxima, involved the loss of liberty, citizenship, and family (e.g. being made a slave or prisoner of war). The next change of state, capitis deminutio media, consisted of a loss of citizenship and family without any forfeiture of personal liberty. The least change of state, capitis deminutio minima, consisted of a person ceasing to belong to a particular family, without loss of liberty or citizenship.[1]

Notes

  1. ^ Thomas Mackenzie Mackenzie and John Kirkpatrick: Studies in Roman Law. Chapter II, pp. 71–2.