V. Textkritische Bemerkungen zu D. 47,10,15,15 (Ulp. [77] <57> ed.)

Abstract

Summary While the older scholarship modified the last sentence of our text by logical reasons, the reinforced textual conservatism of the last decades led to full confidence in the text handed down in the Florentina, so they tried to solve contradictions by interpretation. The following remarks try to confirm this confidence as unjustified. Based on thoughts on the meaning of praetextatus and materfamilias in the sense of the commented edict ‘de adtemptata pudicitia’ and its telos to punish the degredation of the victim’s honour (contumelia), the first two sentences give indeed a coherent explanation of the edict’s scope. The last one however contains based on today’s prevailing interpretations neither something new nor any conclusion, but only a summary. If we assume instead – as indicated by the Eastern Roman tradition – a partial dittography in the Florentina and apply the original acceptation of habitus as behaviour, the last sentence explains the edict only to require appropriate behaviour and not appropriate dress.