试论古罗马被释奴阶层的法律地位和社会处境

On the Legal Status and Social Positions of the Emancipated Slaves in Ancient Rome

有选择地释放奴隶是罗马社会的一大特色,从而形成了罗马的一个特殊的社会阶层———被释奴阶层。这个阶层在国家的政治和经济生活中有着重要作用,在财富和权势上都十分优越,过着非常富足的生活。但是他们出生为奴的命运决定了他们受上流社会鄙视的身份,而且在法律上他们也注定是下等公民,没有一般公民的任职权和婚姻自主权。法律和道德都要求他们还须继续对以往的主人效忠。与同时代的民众相比,被释奴的地位既优越又低下。

To release slaves selectively was an obvious feature of the Rome society, thus formed a special social stratum the Emancipated Slave. This stratum, superior in both fortune and power, living a wealthy life, played an important role in the nation＇ s political and economic life. Nevertheless, born as slaves, they were looked down upon by the upper class, having no freedom of tenure and marital autonomy. Laws and ethic required them to continue to be loyal to their former owners. Compared with the contemporary common people, the position of the emancipated slave was both advantageous and low.