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Understanding Capitis Diminutio Maxima

The document discusses the concept of Capitis Diminutio Maxima from Roman law, which refers to the maximum loss of legal status and attributes. It explains that when names are written in ALL CAPITAL LETTERS on legal documents, it signifies that one's status has been diminished through the process of capitalization or taking advantage of one's legal name. Specifically, Capitis Diminutio Maxima occurred when a free man became a slave and lost all rights of citizenship and family rights. The document provides definitions from sources such as Black's Law Dictionary to further explain the three levels of Capitis Diminutio - Maxima, Media, and Minima - and how they relate to the use of capitalization in one

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446 views2 pages

Understanding Capitis Diminutio Maxima

The document discusses the concept of Capitis Diminutio Maxima from Roman law, which refers to the maximum loss of legal status and attributes. It explains that when names are written in ALL CAPITAL LETTERS on legal documents, it signifies that one's status has been diminished through the process of capitalization or taking advantage of one's legal name. Specifically, Capitis Diminutio Maxima occurred when a free man became a slave and lost all rights of citizenship and family rights. The document provides definitions from sources such as Black's Law Dictionary to further explain the three levels of Capitis Diminutio - Maxima, Media, and Minima - and how they relate to the use of capitalization in one

Uploaded by

jayson
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We take content rights seriously. If you suspect this is your content, claim it here.
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Annexure - Capitis Diminutio Maxima

Capitis Diminutio Maxima

Sun, 10/26/2008 - 23:28 --- Arthur Cristian

Source: [Link]
maxima-media-and-british-admiralty-maritime-law-must-read

Capitis Diminutio Maxima (Name in ALL CAPITALS)

For purposes of understanding one's legal or commercial status under the Admiralty
system (the law system used in England, Canada and much of the US), it is
necessary to examine the curious use of all CAPS -Capitis Diminutio Maxima- in
legal and domestic income tax forms, credit cards & statements, loans, mortgages,
speeding & parking tickets, car documents, road tax, court summons etc. While
seemingly a trite concern, this apparently small detail has extremely deep
significance for all of us!

Gage Canadian Dictionary 1983 Sec. 4 defines Capitalize adj. as "To take
advantage of - To use to ones own advantage."

Black’s Law Dictionary -- Revised 4th Edition 1968, provides a more comprehensive
definition as follows...

Capitis Diminutio (meaning the diminishing of status through the use of


capitalization) In Roman law. A diminishing or abridgment of personality; a loss or
curtailment of a man's status or aggregate of legal attributes and qualifications.

Capitis Diminutio Minima (meaning a minimum loss of status through the use of
capitalization, e.g. John Doe) - The lowest or least comprehensive degree of loss of
status. This occurred where a man's family relations alone were changed. It
happened upon the arrogation [pride] of a person who had been his own master, (sui
juris,) [of his own right, not under any legal disability] or upon the emancipation of
one who had been under the patria potestas. [Parental authority] It left the rights of
liberty and citizenship unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld.
[Link], 144.

Capitis Diminutio Media (meaning a medium loss of status through the use of
capitalization, e.g. John DOE) - A lessor or medium loss of status. This occurred
where a man loses his rights of citizenship, but without losing his liberty. It carried
away also the family rights.

1
Annexure - Capitis Diminutio Maxima
Capitis Diminutio Maxima (meaning a maximum loss of status through the use of
capitalization, e.g. JOHN DOE or DOE JOHN) - The highest or most comprehensive
loss of status. This occurred when a man's condition was changed from one of
freedom to one of bondage, when he became a slave. It swept away with it all rights
of citizenship and all family rights.

Diminutio. Lat. In civil law. Diminution; a taking away; loss or depravation.

Capite. - Lat. By the head.

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