Legal Definitions - capitis deminutio

Definition: Capitis deminutio is a term used in Roman law to describe a reduction or alteration of a person's legal status. It refers to the destruction of a person's legal personality and the creation of a new one in its place.

There are three types of capitis deminutio:

• Capitis deminutio maxima: This is the most severe form of capitis deminutio, which occurs when a person is reduced to slavery.
• Capitis deminutio media: This occurs when a person loses their citizenship but retains their freedom. For example, banishment for life to an island or other restricted area had this effect.
• Capitis deminutio minima: This involves a change of family, while both citizenship and freedom are retained.

For example, if a person was enslaved, they would experience capitis deminutio maxima. This would result in a complete loss of their legal personality and the creation of a new one as a slave. Similarly, if a person was banished for life to an island, they would experience capitis deminutio media, which would result in a loss of citizenship but not freedom.