Abstract
<p>The dissonance between the perception of <em>edictum de iniuriis quae servis fiunt</em> on Ulpian’s and Gaius’ part is so significant that it can lead to a conclusion that a deed done to a slave – even if not always, what seems the most probable, certainly in most cases – qualified only as an insult harming the slave’s owner, whereas a would-be <em>actio</em> <em>servi</em> <em>nomine</em> was <em>de facto</em> not in use. As an infringement of a slave could additionally give rise to an owner’s entitlement to plead for damages according to the Aquilian regime, it seems that practical use of the edictal clause with regard to <em>actio</em> <em>servi</em> <em>nomine</em>, even if possible to take place at a certain level of legal development of the delict, was of minor importance. However, recognizing the main role of the edict in providing a modern and flexible basis for bringing praetorial <em>actio</em> <em>iniuriarum</em> <em>suo</em> <em>nomine</em> in a case of <em>iniuria</em> suffered through one’s slave, not limited to decemviral instances of <em>os fractum</em> and <em>membrum ruptum</em>, appears to be the most probable interpretation.</p>
Highlights
M harming the slave’s owner, whereas a would-be actio servi nomine was de facto not in use
The issue of aiming a conduct realising the features of injurious behaviour against or, especially, violating the corporeal integrity of a slave has gained significant interest among authors[1], providing such a restricted question
Kuryłowicz, who focused on the circumstances of committing the delict by persuading a slave or a son under control into dicing, framing the issue in a broader, moral perspective[2]
Summary
M harming the slave’s owner, whereas a would-be actio servi nomine was de facto not in use. Is Ulpian’s “subsidiarity” of actio iniuriarum servi nomine really to be understood as an attempt to find a medium solution, which would be apt to reconcile recognition of a slave’s suffering within iniuria delict, which would imply considering him or her a subject deserving limited protection, on the one hand, and
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