This chapter discusses archaic Roman property law, whose symbolism and terminology show a striking orientation toward the ownership of living creatures, human and animal. That symbolism and terminology was seized upon by many of the leading thinkers of the past, who believed it offered clues to the origins of human society. It was also seized upon by both Communist and Fascist ideologues. Today, by contrast, its significance is generally dismissed. Modern scholarship has been heavily dedicated to reconstructing the socio-economic realities; scholars often deploy their learning to dispel the “myths” in the sources, among them the myths in the archaic Roman sources. Yet the myths matter; “idioms of power” cannot simply be written off. The chapter brings the anthropology of property law to bear on the interpretation of these mysterious sources, and describes the long intellectual and political history of their interpretation and ideological use.

This chapter challenges the idea that the classical Roman jurists were “pioneers of human rights.” The jurists had no doubts about the legitimacy of the hunt for human prey in war. Quite the contrary: they thought of the capture and enslavement of enemies as a paradigm of just acquisition. It is crucial that we come to terms with this ancient belief system: We must recognize that the classical jurists did not see any need for justification for slavery beyond the fact of victory in battle or in the sack of cities. The use of theories like Aristotelean natural slavery or the teaching that slavery arose out of the consent of the victim date only to the early modern period. The chapter closes by discussing how the jurists used the model of the hunt for human and animal prey as the basis for analogical reasoning.