Eternal flame, Field of Mars, St. Petersburg, Russia.

Monument to the Fallen Fighters of the Revolution, St. Petersburg, Russia, area converted by the Petrograd Soviet from a park to a burial ground after the February Revolution, dedications 1917-1919.

Wednesday, March 15, 2017

Issues of war. Rights of restoration: Post-war issues. Right of restoration. To former status, property

File notes. 9 CE.  Battle of Teutoburg Forest, site at Kalkreise, village near Osnabruck, Germany. Germanics defeated 3 Roman Legions. .


Concept: serendipitous idea that slave under Roman law had right to freedom upon return. Trigger here:  Battle of Teutoburg Forest,

1.  Jus postliminii. Civil law. Someone whose property or former condition (such as free status)  has been taken, may, upon getting it back, be considered as though there had been no interruption in possession or enjoyment. See The Law Dictionary (right of postliminy). International application, broadly -- States may come to agreements for matters like this, for their mutual benefit. See site.

Further sources:  still looking for in-depth analysis without a subscription. JSTOR
notes that the topic is under-discussed, but requires subscription to find what they found.  Oxford Reference also requires subscription. Go to library.

 2. Roman history sources, relevant to overall topic of the times. See http://www.livius.org/articles/battle/teutoburg-forest-9-ce/teutoburg-forest-4/, site named for Livius, or Livy, Roman historian: map, archeological and historical detail.  See Livius, or Livy, Roman historian, on the Teutoburg Forest
  • So far, this postliminy or postliminii (spelling many, definitions few) right to revert without prejudice to a former status or possession does not appear to cover a right to get the property or status back.
3.  Topics, people, concepts. The significance of the issue and application is debated, arising apparently from treatment of Roman prisoners after their devastating defeat at Teutoburg Forest, where full Roman Legions were defeated by Germanics.  See Germany Road Ways Varusschlacht and other posts.

Publius Quintilius Varus - The Roman General
Kalkreis, location of site, village near Osnabruck
Battle of Teutoburg Forest
Germanic Arminius -- victor over Roman General Varus
Clades Variana -- The Varus Battle

Ius postliminii -- slave under Roman law had right to freedom upon return, see Oxford Reference,(requires subscription, go to library)
Kalkreis
Battle of Teutoburg Forest


4.  Ius postliminii -- Is this it and no further? Slave under Roman law had right to freedom upon return,JSTOR, details from both sources require subscription.  Off to the library. Meanwhile, see The Law Dictionary (right of postliminy, to be treated when restored to a possession or status, as though you never had lost it).

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