ACQUIRING THINGS TAKEN IN WAR IN THE ROMAN LAW: OCCUPATION VS. THE DISCRETIONARY POWERS OF THE MILITARY COMMANDER
ACQUIRING THINGS TAKEN IN WAR IN THE ROMAN LAW: OCCUPATION VS. THE DISCRETIONARY POWERS OF THE MILITARY COMMANDER

Summary/Abstract: Throughout most of their history Romans led occupation wars. The booty of war was an important source of wealth which to a great extent influenced the development of the Roman state and represented the special category of things which belong to the enemy (res hostiles). Those things were treated as nobody`s things (res nullius) and as such acquired by occupation. Since their value was very significant, Romans strived to establish the most efficient looting system. In that respect a military commander had an important role because he was empowered to make decisions regarding the war booty. In this paper authors discuss whether and to what extent the general principle of occupation was supressed by the desire to collect as much war booty as possible through different periods of Roman history.

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