Book V: Law Chapter 1. Thémis Abstract The root common to Skt. r̥ta, Iran. arta, Lat. ars, artus, ritus, which designates “order” as a harmonious arrangement of the parts of a whole, did not provide any juridical term in Indo-European. “Law” is in Skt. dhāman and in Gr. thémis, and the term means literally the rule established (root *dhē– ‘to bring into existence’) by the gods. This rule defines family… Read more
Chapter 2. Díkē Abstract Latin dico and Greek díkē together imply the idea of a formulaic law which lays down what is to be done in every particular situation. The judge—Hom. dikas–pólos—is the one who keeps the formulary and pronounces (dicit) authoritatively the appropriate sentence. Text The counterpart of thémis is the notion of díkē. The first, as we have said, relates to justice as it is exercised within a… Read more
Chapter 3. Ius and the Oath in Rome Abstract Parallel with díkē, the Latin ius, which is translated as “law,” has a derived verb iurare which means “to swear.” Strange though this seems from a semantic point of view, this derivation is illuminated by two complementary pieces of research: (1) When brought into connection with Avestan yaoš– and considered in the light of its particular affinity with the verb dico… Read more
Chapter 4. *med– and the Concept of Measure Abstract In historical times the root *med– designated a great variety of different things: “govern,” “think,” “care for,” “measure.” The primary meaning cannot be determined simply by reducing all these to a vague common denominator nor by a confused agglomeration of the historically attested senses. It can be defined as “measure”—not “measurement,” but “moderation” (Lat. modus, modestus)—designed to restore order in a… Read more
Chapter 5. Fas Abstract The existence of two derivatives in *-to-, Lat. fastus and festus, of diametrically opposite meaning, is sufficient to demolish the connection often proposed between fas and the group of fanum, feriae. It is perfectly evident that fas must be brought into connection with the Lat. fari (Gr. phēmi, IE *bhā-). Irreproachable from a formal point of view, this etymology requires semantic justification: how can a connection… Read more
Chapter 6. The Censor and Auctoritas Abstract If the Roman magistrate with specifically normative functions is called censor and if the senators whom he enrolls formally register their authoritative opinion by saying “censeo,” this is because the IE *kens– strictly meant “to affirm a truth (which becomes law) with authority.” This authority—auctoritas—with which a man must be invested for his utterances to have the force of law is not, as… Read more
Chapter 7. The Quaestor and the *Prex Abstract Lat. quaero ‘seek, ask’ (whence quaestor, quaestus), a word without an etymology, has close connections with precor, *prex ‘to pray, prayer’ which must be pinned down: in fact it is not only in Latin that the two terms seem to form a redundant combination, as in the old formula “Mars pater, te precor quaesoque,” but in other languages too, derivatives from *prek–… Read more
Chapter 8. The Oath in Greece Abstract The oath, a solemn declaration placed under the guarantee of a superhuman power that is charged with the punishment of perjury, has no Indo-European expression any more than the notion of “swearing” has. Different languages have coined expressions which relate to the particular forms assumed by the ordeal which the taking of an oath involves. Notably in Greek, thanks to the Homeric expression… Read more
Book VI: Religion Chapter 1. The “Sacred” Abstract The study of the designation of the “sacred” confronts us with a strange linguistic situation: the absence of any specific term in common Indo-European on the one hand, and a two-fold designation in many languages (Iranian, Latin, and Greek) on the other. The investigation, by throwing light on the connotations of the historical terms, has the aim of clarifying the structure of… Read more
Chapter 2. The Libation Abstract The liquid offering, such as is denoted in Greek by the verb spéndō, spéndomai and the noun spondḗ, is defined specifically as the “offering of security.” Every enterprise that involves a risk, such as a voyage, a warlike expedition, but also a pact or a peace treaty, is thus preceded by a spondḗ. The notion of an insurance against risk, of a guarantee, is also… Read more
