宗教身份与罗马人格法

宗教身份是指某宗教团体(派别)及其信徒在世俗社会中所处的地位。在基督教传入罗马前,各宗教间保持着和平共处的态势。其时,拥有某宗教身份不会影响人们的法律地位。但随着基督教的出现,这种情况改变了。帝政初期,他教信仰者因憎恶基督徒而对其迫害。因基督教身份,基督徒或被剥夺市民身份降为外邦人;或被剥夺自由身份降为奴隶。此时,宗教身份是人格变更的因素。而当基督教成为帝国国教时,信仰正统的基督教则成为完整人格的构成要素。凡信仰正统基督教则享有完整的权利能力;反之则具体权利能力受限,但不会导致身份的剥夺。

The Religious Status and Roman Persone Law

Religious status was what some religious organization and its believers were placed position in the mundane society. Before the Christianity was disseminated in the Roma, kinds of religious groups had gone along with each other. At the time it didn’t affected the law status that one enjoyed some religious status. However, the situation took place as the Christianity expanded into the Roma. As the loathing of the Christian, some non-Christian began to persecute the Christian in the early Roman Empire. Because of the Christian status, the Christian was expropriated of the roman citizen status or the libertas, which caused him to be reduced to the peregrinus or slave. Then the religious status became a kind of reason which led to capitis deminuto. But when the Christianity was established as the nation religious of the Roman Empire, the orthodox Christianity became a component of the whole persone. That is to say, as long as one believed orthodox Christianity, he might enjoyed the whole rights capacity; on the contrary, his some concrete right capacity might be limited, but it didn’t result in the status being expropriated.