By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) was once in lots of respects dramatically varied from the fashionable family members. From the early Roman Empire (30 B.C. to approximately A.D. 250) there live on many criminal resources that describe Roman families, usually within the so much intimate element. the subject material of those historic resources comprises marriage and divorce, the valuables points of marriage, the development 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 felony resources, in particular Justinian's Digest. those situations and the dialogue questions that keep on with supply an excellent advent to the fundamental criminal difficulties linked to the normal households of Roman voters. The association of fabrics conveys to scholars an figuring out of the elemental principles of Roman relations legislation whereas additionally supplying them with the potential to question those ideas and discover the wider felony rules that underlie them.Included instances invite the reader to combat with real Roman criminal difficulties, in addition to to contemplate Roman ideas with regards to glossy legislation. within the approach, the reader should still achieve self assurance in dealing with primary varieties of criminal considering, that have persevered nearly unchanged from Roman occasions until eventually the present.This quantity additionally includes a thesaurus of technical phrases, biographies of the jurists, easy bibliographies of worthwhile secondary literature, and an in depth advent to the scholarly themes linked to Roman kin law.A direction in line with this casebook can be of curiosity to an individual who needs to appreciate larger Roman social historical past, both as a part of a bigger Classical Civilization curriculum or as a practise for legislation college.
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Extra info for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
The transfer of basic reproductive decisions to the forum of marital conscience is one of the most signiﬁcant events in modern social history, an event with consequences, particularly in the realm of female empowerment, that even today have not yet been completely worked out. So much is not in serious dispute. But because this change in the general population’s behavior transpired “subhistorically,” beneath the level of most historical records, it is hard to understand exactly why and how it occurred.
What is important is to absorb a basic idea of the very different legal framework within which Roman family law was conceived, even if this framework seems, at ﬁrst, simply impossible to believe. As anthropologists have shown, household structures are in fact extremely malleable; and the Roman one endured, with only limited modiﬁcations, for more than a millennium. Nevertheless, as you will also have occasion to observe in the following chapters, many of the differences between the Roman household and our own are more matters of legal emphasis than of substance.
Exceptions. 3) or by giving them in adoption. 48, 52, 55 (= D. 3) (48) Sequitur de iure personarum alia divisio. nam quaedam personae sui iuris sunt, quaedam alieno iuri sunt subiectae. . (52) In potestate itaque sunt servi dominorum. quae quidem potestas iuris gentium est: nam apud omnes peraeque gentes animadvertere possumus dominis in servos vitae necisque potestatem esse, et quodcumque per servum adquiritur, id domino adquiritur. . (55) Item in potestate nostra sunt liberi nostri, quos iustis nuptiis procreavimus.