{{short description|Roman legal concept of private citizenry and ownership}} {{Roman government}} {{See also|Ius privatum}}
In Roman law, the Latin adjective '''{{lang|la|privatus}}''' makes a legal distinction between that which is "private" and that which is {{lang|la|publicus}}, "public" in the sense of pertaining to the Roman people ({{lang|la|populus Romanus}}).
Used as a substantive, the term {{lang|la|privatus}} refers to a citizen who is not a public official or a member of the military.<ref>Adolf Berger, ''Encyclopedic Dictionary of Roman Law'' (American Philological Association, 1953), p. 651.</ref> Increasingly throughout the Middle and Late Republic, the ''privatus'' was nevertheless sometimes granted ''imperium'' during a crisis; the definition of crisis was elastic, and the amassing of power by unelected individuals ('''''privati''''') contributed to the breakdown of the checks and balances of the republican system.<ref>T. Corey Brennan, ''The Praetorship in the Roman Republic'' (Oxford University Press, 2000), pp. 154 [https://books.google.com/books?id=76ScPTQiTkwC&dq=privatus+OR+privati+intitle%3Apraetorship&pg=PA154 online], 610, ''[https://books.google.com/books?id=76ScPTQiTkwC&q=privatus+OR+privati et passim]''.</ref>
==Legal terms== * ''Res privatae'', private property, or "things belonging to individuals," in contrast to ''res publicae''.<ref>Berger, ''Encyclopedic Dictionary of Roman Law'', p. 670.</ref> * ''Res privata Caesaris'', the property of the emperor that was purely private. * ''Ager privatus'', privately owned land as distinguished from ''ager publicus''. * ''Actiones privatae'', actions protecting an individual's private interests; similar to ''iudicia privata'', referring to civil trials presided over by the ''iudex privatus'' (below).<ref>Berger, ''Encyclopedic Dictionary of Roman Law'', p. 347.</ref> * ''Iter privatum'', a private road.<ref>Berger, ''Encyclopedic Dictionary of Roman Law'', p. 517.</ref> * ''Carcer privatus'', a private prison. This form of incarceration was used for slaves, and in early time for debtors who failed to pay their creditors (see ''nexum''). The emperors Zeno and Justinian prohibited private prisons.<ref>Berger, ''Encyclopedic Dictionary of Roman Law'', p. 381.</ref>
===Iudex privatus=== {{See also|Roman law#Roman litigation|l1=Roman litigation}} The ''iudex privatus'' was a sole arbitrator or lay judge who conducted a civil case to which the parties had consented and who usually nominated him. In the event that the parties could not agree on a judge, he was chosen from an official list of potential judges drawn up by the praetor. He was also called a ''iudex unus''.<ref>George Mousourakis, ''The Historical and Institutional Context of Roman Law'' (Ashgate, 2003), p. 128 [https://books.google.com/books?id=2MqfUsMiDbYC&dq=%22iudex+privatus%22&pg=PA128 online.]</ref>
==See also== * Civilian
==References== {{Reflist}} {{Italic title}}
Category:Roman law