By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) was once in lots of respects dramatically diversified from the trendy relations. From the early Roman Empire (30 B.C. to approximately A.D. 250) there continue to exist many felony assets that describe Roman families, usually within the such a lot intimate element. the subject material of those historic resources comprises marriage and divorce, the valuables features of marriage, the trend of authority inside families, the transmission of estate among generations, and the supervision of Roman orphans.This casebook offers 235 consultant texts drawn mostly from Roman criminal assets, specifically Justinian's Digest. those instances and the dialogue questions that persist with supply an excellent creation to the elemental felony difficulties linked to the standard households of Roman electorate. The association of fabrics conveys to scholars an knowing of the fundamental principles of Roman kinfolk legislation whereas additionally delivering them with the ability to question those ideas and discover the wider criminal ideas that underlie them.Included situations invite the reader to combat with genuine Roman criminal difficulties, in addition to to consider Roman ideas in terms of glossy legislation. within the strategy, the reader should still achieve self assurance in dealing with primary types of criminal considering, that have continued almost unchanged from Roman occasions till the present.This quantity additionally features a word list of technical phrases, biographies of the jurists, easy bibliographies of helpful secondary literature, and an in depth advent to the scholarly themes linked to Roman relatives law.A path in keeping with this casebook may be of curiosity to a person who needs to appreciate higher Roman social background, both as a part of a bigger Classical Civilization curriculum or as a practise for legislation university.
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Additional resources for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
Ulpian in the forty-sixth book on the Edict) (1) Let us examine how the word familia is used. It has various usages. . (2) The word familia is also employed to signify a sort of body (corpus) deﬁned either by a rule particular to its members or by the common rule of general relationship. By a particular rule, we describe a familia as a number of persons who, either by nature or by law, are subjected to the power ( potestas) of one person: for example, a pater familias (male head of a household), a mater familias (here, a wife if she is subject to her husband’s manus), a son or daughter in their father’s power, and those who then follow them in turn, for example, grandsons and granddaughters (from sons), and so on.
For instance, barriers were erected to some marriages where the parties were of different statuses (see Case 10). The legal weight that is attached to social stratiﬁcation increases signiﬁcantly in the late Empire. Basic Concepts 13 C A S E 2: Slavery and Freedom D. 9) Summa itaque de iure personarum divisio haec est, quod omnes homines aut liberi sunt aut servi. D. ) Libertas est naturalis facultas eius quod cuique facere libet, nisi si quid vi aut iure prohibetur. (1) Servitus est constitutio iuris gentium, qua quis dominio alieno contra naturam subicitur.
Do you see a relationship to the Roman principle of “divide and conquer”? 3. Following the Status of the Mother. Where a couple did not have conubium, the general result in Roman law (with some exceptions, one of which is noted in this Case) was that children acquired their mother’s status and that their father did not have patria potestas over them; that is, the children were treated, to some extent, like bastards for purposes of Roman law (although the word “bastard” carries moral baggage that is not always appropriate in a Roman context).
A Casebook on Roman Family Law (Classical Resources Series, No. 3.) by Bruce W. Frier, Thomas A. J. McGinn