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November 30, 2022 - January 7, 2023
In Roman Law there are three basic rights relating to possession: usus (the right to use), fructus (the right to enjoy the products of a property, for instance the fruit of a tree), and abusus (the right to damage or destroy). If one has only the first two rights this is referred to as usufruct, and is not considered true possession under the law. The defining feature of true legal property, then, is that one has the option of not taking care of it, or even destroying it at will.
If a Roman legionary was captured in battle and enslaved, then managed to escape and return home, he had to go through an elaborate process of restoring all his social relationships, including remarrying his wife, since the act of enslaving him was considered to have severed all previous relationships. The West Indian sociologist Orlando Patterson has referred to this as a condition of ‘social death’.