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Document Details :

Title: Castration under Roman Law
Subtitle: A Study of the Codifications during the Reign of Justinian I (527-565)
Author(s): KONTANI, Yuki
Journal: Ancient Society
Volume: 48    Date: 2018   
Pages: 305-331
DOI: 10.2143/AS.48.0.3285205

Abstract :
The Roman emperors employed court eunuchs. To understand the Roman legislators’ views on eunuchs and castration, this article analyzes legislation of the first through sixth centuries collected in the Corpus Iuris Civilis. Topics taken up include the terms ‘castrated’ or ‘impotent’ men as they appear in the legal sources; how castrated slaves were dealt with; the ban on castration; and the legal status of castrated or impotent freedman in matters of marriage, adoption, and inheritance. The conclusions are threefold. First, Justinian I’s codification, with its choice of legal precedents complemented with new laws, influenced the legal language concerning castration. Secondly, when legislators established laws regarding castration, there is a great variety of views on the status of castrated men, the aim of castration and its definition. Finally, at least legal sources focus on basic physical features of castrated men such as genital injury or impotency, rather than on their social role as court eunuchs, which has received most attention in the research hitherto.

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