"Caesar did not confine himself to helping the debtor for the moment; he did what as legislator he could, permanently to keep down the fearful omnipotence of capital. First of all the great legal maxim was proclaimed, that freedom is not a possession commensurable with property, but an eternal right of man, of which the state is entitled judicially to deprive the criminal alone, not the debtor. It was Caesar, who, perhaps stimulated in this case also by the more humane Egyptian and Greek legislation, especially that of Solon, introduced this principle--diametrically opposed to the maxims of the earlier ordinances as to bankruptcy-- into the common law, where it has since retained its place undisputed. According to Roman law the debtor unable to pay became the serf of his creditor. The Poetelian law no doubt had allowed a debtor, who had become unable to pay only through temporary embarrassments, not through genuine insolvency, to save his personal freedom by the cession of his property; nevertheless for the really insolvent that principle of law, though doubtless modified in secondary points, had been in substance retained unaltered for five hundred years; a direct recourse to the debtor's estate only occurred exceptionally, when the debtor had died or had forfeited his burgess-rights or could not be found. It was Caesar who first gave an insolvent the right--on which our modern bankruptcy regulations are based-- of formally ceding his estate to his creditors, whether it might suffice to satisfy them or not, so as to save at all events his personal freedom although with diminished honorary and political rights, and to begin a new financial existence, in which he could only be sued on account of claims proceeding from the earlier period and not protected in the liquidation, if he could pay them without renewed financial ruin."
React to this quote
More by Theodor Mommsen
See allResonant Thoughts
"When we consider the founders of our nation: Jefferson, Washington, Samuel and John Adams, Madison and Monroe, Benjamin Franklin, Tom Paine and many others; we have before us a list of at least ten an…"
Explore Further
Related Quotes
"So, come all you young men. with your wicked, wicked ways. Sow your wild oats in your younger days. So that…"
— Errol Flynn"In the Surrealist period, I wanted to create the iconography of the interior world and the world of the mar…"
— Salvador Dalí"As we do every time this year, Presidents and Prime Ministers converge on this great city to advance import…"
— Barack Obama"Present excitement will at all times magnify present dangers, but true philosophy must teach us that none m…"
— Martin Van Buren"Economists can take a good deal of credit for the stabilization policies which have been followed in most W…"
— Kenneth Boulding"The Unofficial Billie Holiday Website"
— Billie Holiday
