By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) used to be in lots of respects dramatically various from the fashionable relations. From the early Roman Empire (30 B.C. to approximately A.D. 250) there live on many felony assets that describe Roman families, frequently within the such a lot intimate aspect. the subject material of those historic assets contains marriage and divorce, the valuables features 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, specifically Justinian's Digest. those instances and the dialogue questions that stick to offer an exceptional advent to the elemental felony difficulties linked to the standard households of Roman electorate. The association of fabrics conveys to scholars an figuring out of the elemental ideas of Roman family members legislation whereas additionally supplying them with the ability to question those ideas and discover the wider felony rules that underlie them.Included situations invite the reader to combat with genuine Roman criminal difficulties, in addition to to contemplate Roman options relating to sleek legislation. within the method, the reader may still achieve self assurance in dealing with basic kinds of felony considering, that have persevered nearly unchanged from Roman instances till the present.This quantity additionally includes a thesaurus of technical phrases, biographies of the jurists, easy bibliographies of worthwhile secondary literature, and a close advent to the scholarly subject matters linked to Roman family members law.A path in response to this casebook may be of curiosity to an individual who needs to appreciate higher Roman social heritage, both as a part of a bigger Classical Civilization curriculum or as a instruction for legislation college.
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Additional info for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
Why Set an Age? What general legal purposes are served by setting a minimum age for marriage? A modern lawmaker might aim to set an age that will prevent unwise marriages of immature persons, as part of an effort to reduce the divorce rate and promote marital stability; or that will encourage young people (and especially young women) to complete their educations and become economically independent, perhaps as part of a larger effort to restrain population growth. What policy aims might the Romans have had in setting the age where they did?
However, it is important, in reading the pages that follow, to bear in mind that the real-world functioning of social institutions is often not directly determined by law, even though law may linger persistently in the background of daily life. The following concepts are introduced in this chapter: freedom as contrasted with slavery; Roman citizenship; the Roman familia (household); the pater familias; agnatic relationship; and, among free persons, the distinction between full legal capacity (sui iuris status) and dependency (alieni iuris status).
It should be apparent, for instance, that the prevailing scholarly view of the premodern European family bears an uncanny resemblance to the Roman family as it is depicted in the rulings of the Roman jurists. Nor is this resemblance entirely coincidental, since the premodern period was precisely the high point of Roman law’s direct inﬂuence on European law and institutions. The web of legal logic that the Roman jurists wove around the family was so intricate and hardened that subsequent centuries found it difﬁcult to break free.