3、Homo Sacer
(被詛咒的人)
Another traditional Roman punishment, the status of homo sacer was given to those who broke oaths. Homo sacer translates best as “man who is set apart.” Those punished with this title were not allowed to be ritually sacrificed, but they could be killed by anyone, with impunity. Some people were deemed homo sacer by a group of vigilantes, without any actual legal standing. (It is believed this may have occurred in early Rome, since they lacked the standing forces necessary to enforce the law, allowing people to take matters into their own hands on occasion.)
另一項(xiàng)傳統(tǒng)羅馬式懲罰,把背叛誓言者裁定為“被詛咒的人”?!氨辉{咒的人”最適合翻譯成“被隔離的人”。得到這個(gè)稱號的人不允許被祭祀,而他們卻可以被任何人免于刑罰地殺死。有些人,不經(jīng)過任何實(shí)質(zhì)法律程序,就可以被一個(gè)治安委員會裁定為“被詛咒的人”。(一般認(rèn)為這種現(xiàn)象可能發(fā)生在早期羅馬,因?yàn)楫?dāng)時(shí)他們?nèi)狈ψ銐蛉肆?zhí)行法律,所以允許人們視情況自己決定爭端。)
In addition, any legal rights the convicted would have normally had, such as land ownership, were revoked, essentially ridding him of what made him a part of society. The Law of the Twelve Tables, the foundation of Roman law, specifically mentions homo sacer, making it the punishment for patrons who deceive their clients.
另外,被判此刑者被剝奪任何正常法律權(quán)利,例如土地所有權(quán),實(shí)質(zhì)上剝奪了他作為社會一份子的基礎(chǔ)。十二銅表法,作為羅馬法的根基,特別提到了“被詛咒的人”,使之成為對贊助人欺騙客戶的懲罰。