Legal Definition and Related Resources of Gens
Meaning of Gens
(Lat.) In Roman law. A union of families, who bore the same name, who were of an ingenuous birth (ingenui), none of whose ancestors had been a slave, and who had suffered no capitis diminutio. Gentiles sunt, qui inter se eodem nomine sunt; qui ab ingenuis oriundi sunt; quorum majorwm nemo servitutem servivit; qui capite non sunt deminuti. This definition is given by Cicero (Topic 6), after Scaevola, the pontif ex. But, notwithstanding this high authority, the question as to the organiza.tion of the gens is involved in great obscurity and doubt. The definition of Festus is still more vague and unsatisfactory. He says: “Gentilis dicitur et ex eodem genere ortus, et is, qui aimili nomine appellatur, ut ait Cineius; Gentiles mihi sunt, qui meo nomine appellantur.” Gens and genus are convertible terms; and Cicero defines the latter word; “Genus autem est quod sui similes communione quadam, specie autem differentes, duas aut plures compleetitur partes.” De Oratore 1, 42. The genus is that which comprehends two or more particulars, similar to one another by having something in common, but differing in species. Prom this it may fairly be concluded that the gens or race comprises several families, always of ingenuous birth, resembling each other by their origin, general name, nomen, and common sacrifices or sacred rites, sacra gentilitia (sui similes communione quadam), but differing from each other by a particular name, cognomen and agnatio (specie autem differentes).
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You might be interested in these references tools:
| Resource | Description |
|---|---|
| Gens in the Dictionary | Gens in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Gens |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Gens in the World Encyclopedia of Law |
Notice
This definition of Gens is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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| Sitemap Index | Sitemap Index, including Taxonomies |
| https://legaldictionary.lawin.org/gens/ | The URI of Gens (more about URIs) |
Concept of “Gens”
Traditional meaning of gens in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) A union of families, of the same name and of free birth.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Gens”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
See Also
What is Gens?
A definition of gens is: Lat. More details on the Encyclopedia. In Roman law, a tribe or clan; a group of families, connected by common descent and bearing the same name, being all free-born and of free ancestors, and in possession of full civic rights.[1]
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Notes
- “Gens” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)
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