Citation

Tysse W. J. Firearms Public Policy 2004; 16(1).

Copyright

(Copyright © 2004, Second Amendment Foundation)

DOI

unavailable

PMID

unavailable

Abstract

The Corpus Iuris Civilis -- a collection of ancient Roman statutes and juristic writings since the age of Cicero -- has had a profound effect on the development of modern law. This article examines how the Codex Justinianus, one fourth of the Corpus, regulated the private individual’s ability to own weapons and engage in self defense. The Article finds that provisions in the Codex are generally very supportive of an individual’s right to self defense. Though the Codex’s treatment of the private possession of weapons is mixed, the Article draws on historical context (widespread slavery, constant threat of barbarian invasion) and identifies background assumptions behind many Codex provisions to argue that private ownership of weapons must in fact have been commonplace. The Article offers new English translations of many Roman laws for which no adequate English translation currently exists.