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Império Romano: distinção entre dominium e imperium; distinção entre propriedade privada e
jurisdição pública; poder privado da propriedade e poder público do Estado.
“The existence of two poles of power, the state and strong private property, together with a
mode of imperial rule dependent on propertied classes with a substantial degree of local self-
government, had created a tendency to fragmentation of sovereign power even in the Roman
Empire. In the end, the tendencies towards fragmentation prevailed, leaving behind a network
of personal dependence binding peasants to landlords. When the empire disintegrated, and
after several attempts at recentralization by the Merovingian monarchy, the Carolingian
empire and the successor states, the autonomy of landed aristocracies asserted itself in what
might be called the privatization of public authority, the feudal ‘parcellization of sovereignty’,
with the devolution of public functions to local lords and various other independent powers.
This devolved public power was at the same time a power of appropriation, the power to
command the labour of producing classes, appropriating its fruits in rent or in kind, in
particular from peasants who remained in possession of land but worked in political and legal
subjection to lords. We can, for lack of a better term, apply the muchdisputed concept of
feudalism, or ‘feudal society’, to this specifically Western parcellization of sovereignty, which
invested private property with public power in historically distinctive ways. The ‘medieval’
period for our purposes is roughly marked out by the dominance of that distinctive
configuration and its decline.” (p. 5-6)