Definitions

potestas

patria potestas

[pey-tree-uh poh-tes-tuhs, pah-, pa-; Lat. pah-tri-ah poh-tes-tahs]

patria potestas(Latin; “power of the father”)

In Roman family law, the power that the male head of a family (paterfamilias) exercised over his descendants in the male line and over adopted children. Originally this power was absolute and included the power of life and death; a paterfamilias could acknowledge, banish, kill, or disown a child. He could free his male descendants from this obligation or turn over his daughter and all her inheritance to the power of her husband. By the end of the republic (from about the 1st century BC), a father could inflict only light punishment and his sons could keep what they earned.

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Potestas is a Latin word meaning power or faculty. It is an important concept in Roman Law.

Origin of the concept

The idea of potestas originally referred to the power, through coercion, of a Roman magistrate to promulgate edicts, give action to litigants, etc. This power, in Roman political and legal theory, is considered analogous in kind though lesser in degree to military power. The most important magistrates (such as consuls and praetors) are said to have imperium, which is the ultimate form of potestas, and refers indeed to military power.

Potestas strongly contrasts with the power of the Senate and the prudents, a common way to refer to Roman jurists. While the magistrates had potestas, they had auctoritas. It's said that auctoritas is a manifestation of socially recognized knowledge, while potestas is a manifestation of socially recognized power. In Roman political theory, both were necessary to guide the res publica and they had to inform each other.

Evolution of the concept in the Middle Ages

After the fall of the Western Roman Empire, most institutions of Roman public law fell into disuse, but much of Roman political theory remained. During the early Middle Ages the Christian world was ruled in theory by the Pope and the Holy Roman Emperor. The former had the spiritual power, which was identified with auctoritas, while the latter had temporal power, identified with potestas. At first, the Pope crowned the Emperor and the Emperor appointed the Pope, so they were in a situation of balance, but after the Investiture Controversy the Pope was instead chosen by the College of Cardinals.

As the effective power of the Holy Roman Empire declined, kingdoms asserted their own independence. One way to do this was to claim that the king had, in his kingdom, the same power as the emperor in the empire, and so the king assumed the attributes of potestas.

Podestà

In some of the Italian city states, the term "Potestas" describing the authority of a magistrate developed into "Podestà", which was the chief magistrate's title.

See also

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