Legal status
According to the jurist Gaius, the essential distinction in the Roman "law of persons" was that all humans were either free (liberi) or slaves (servi). The legal status of free persons was further defined by their citizenship. Most citizens held limited rights (such as the ius Latinum, "Latin right"), but were entitled to legal protections and privileges not enjoyed by non-citizens. Free people not considered citizens, but living within the Roman world, were peregrini, non-Romans. In 212, the Constitutio Antoniniana extended citizenship to all freeborn inhabitants of the empire. This legal egalitarianism required a far-reaching revision of existing laws that distinguished between citizens and non-citizens.
Freeborn Roman women were considered citizens, but did not vote, hold political office, or serve in the military. A mother's citizen status determined that of her children, as indicated by the phrase ex duobus civibus Romanis natos ("children born of two Roman citizens"). A Roman woman kept her own family name (nomen) for life. Children most often took the father's name, with some exceptions. Women could own property, enter contracts, and engage in business. Inscriptions throughout the Empire honour women as benefactors in funding public works, an indication they could hold considerable fortunes.
The archaic manus marriage in which the woman was subject to her husband's authority was largely abandoned by the Imperial era, and a married woman retained ownership of any property she brought into the marriage. Technically she remained under her father's legal authority, even though she moved into her husband's home, but when her father died she became legally emancipated. This arrangement was a factor in the degree of independence Roman women enjoyed compared to many other cultures up to the modern period: although she had to answer to her father in legal matters, she was free of his direct scrutiny in daily life, and her husband had no legal power over her. Although it was a point of pride to be a "one-man woman" (univira) who had married only once, there was little stigma attached to divorce, nor to speedy remarriage after being widowed or divorced. Girls had equal inheritance rights with boys if their father died without leaving a will. A mother's right to own and dispose of property, including setting the terms of her will, gave her enormous influence over her sons into adulthood.
As part of the Augustan programme to restore traditional morality and social order, moral legislation attempted to regulate conduct as a means of promoting "family values". Adultery was criminalized, and defined broadly as an illicit sex act (stuprum) between a male citizen and a married woman, or between a married woman and any man other than her husband. That is, a double standard was in place: a married woman could have sex only with her husband, but a married man did not commit adultery if he had sex with a prostitute or person of marginalized status. Childbearing was encouraged: a woman who had given birth to three children was granted symbolic honours and greater legal freedom (the ius trium liberorum).
At the time of Augustus, it is estimated that the percentage of the population in Roman Italy reduced to slavery was around 20-30%, or one to two millions slaves, making Rome one of five historical "slave societies" in which slaves constituted at least a fifth of the population and played a major role in the economy. In urban settings, slaves might be professionals such as teachers, physicians, chefs, and accountants; the majority of slaves provided trained or unskilled labour. Agriculture and industry, such as milling and mining, relied on the exploitation of slaves. Outside Italy, slaves were on average an estimated 10 to 20% of the population, sparse in Roman Egypt but more concentrated in some Greek areas. Expanding Roman ownership of arable land and industries affected preexisting practices of slavery in the provinces. Although slavery has often been regarded as waning in the 3rd and 4th centuries, it remained an integral part of Roman society until gradually ceasing in the 6th and 7th centuries with the disintegration of the complex Imperial economy.
Laws pertaining to slavery were "extremely intricate". Slaves were considered property and had no legal personhood. They could be subjected to forms of corporal punishment not normally exercised on citizens, sexual exploitation, torture, and summary execution. A slave could not as a matter of law be raped; a slave's rapist had to be prosecuted by the owner for property damage under the Aquilian Law. Slaves had no right to the form of legal marriage called conubium, but their unions were sometimes recognized. Technically, a slave could not own property, but a slave who conducted business might be given access to an individual fund (peculium) that he could use, depending on the degree of trust and co-operation between owner and slave. Within a household or workplace, a hierarchy of slaves might exist, with one slave acting as the master of others. Talented slaves might accumulate a large enough peculium to justify their freedom, or be manumitted for services rendered. Manumission had become frequent enough that in 2 BC a law (Lex Fufia Caninia) limited the number of slaves an owner was allowed to free in his will.
Following the Servile Wars of the Republic, legislation under Augustus and his successors shows a driving concern for controlling the threat of rebellions through limiting the size of work groups, and for hunting down fugitive slaves. Over time slaves gained increased legal protection, including the right to file complaints against their masters. A bill of sale might contain a clause stipulating that the slave could not be employed for prostitution, as prostitutes in ancient Rome were often slaves. The burgeoning trade in eunuchs in the late 1st century prompted legislation that prohibited the castration of a slave against his will "for lust or gain".
Roman slavery was not based on race. Generally, slaves in Italy were indigenous Italians, with a minority of foreigners (including both slaves and freedmen) estimated at 5% of the total in the capital at its peak, where their number was largest. Foreign slaves had higher mortality and lower birth rates than natives and were sometimes even subjected to mass expulsions. The average recorded age at death for the slaves of the city of Rome was seventeen and a half years (17.2 for males; 17.9 for females).
During the period of republican expansionism when slavery had become pervasive, war captives were a main source of slaves. The range of ethnicities among slaves to some extent reflected that of the armies Rome defeated in war, and the conquest of Greece brought a number of highly skilled and educated slaves. Slaves were also traded in markets and sometimes sold by pirates. Infant abandonment and self-enslavement among the poor were other sources. Vernae, by contrast, were "homegrown" slaves born to female slaves within the household, estate or farm. Although they had no special legal status, an owner who mistreated or failed to care for his vernae faced social disapproval, as they were considered part of the family household and in some cases might actually be the children of free males in the family.
Rome differed from Greek city-states in allowing freed slaves to become citizens; any future children of a freedman were born free, with full rights of citizenship. After manumission, a slave who had belonged to a Roman citizen enjoyed active political freedom (libertas), including the right to vote. His former master became his patron (patronus): the two continued to have customary and legal obligations to each other. During the early Empire, freedmen held key positions in the government bureaucracy, so much so that Hadrian limited their participation by law. The rise of successful freedmen—through political influence or wealth—is a characteristic of early Imperial society. The prosperity of a high-achieving group of freedmen is attested by inscriptions throughout the Empire.