By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) was once in lots of respects dramatically varied from the trendy relatives. From the early Roman Empire (30 B.C. to approximately A.D. 250) there continue to exist many criminal assets that describe Roman families, usually within the so much intimate aspect. the subject material of those old assets contains marriage and divorce, the valuables features of marriage, the development of authority inside of families, the transmission of estate among generations, and the supervision of Roman orphans.This casebook offers 235 consultant texts drawn mostly from Roman felony assets, specifically Justinian's Digest. those instances and the dialogue questions that keep on with offer a very good advent to the elemental criminal difficulties linked to the standard households of Roman voters. The association of fabrics conveys to scholars an figuring out of the fundamental principles of Roman kinfolk legislations whereas additionally delivering them with the skill to question those ideas and discover the wider felony ideas that underlie them.Included situations invite the reader to combat with genuine Roman felony difficulties, in addition to to consider Roman recommendations in terms of sleek legislation. within the method, the reader may still achieve self assurance in dealing with primary sorts of criminal pondering, that have persevered nearly unchanged from Roman instances until eventually the present.This quantity additionally includes a thesaurus of technical phrases, biographies of the jurists, simple bibliographies of worthy secondary literature, and an in depth creation to the scholarly themes linked to Roman relatives law.A direction in keeping with this casebook might be of curiosity to somebody who needs to appreciate larger Roman social background, both as a part of a bigger Classical Civilization curriculum or as a education for legislation tuition.
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Additional resources for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
Procreation. In the Roman world, as in many other past and present societies, a strong tradition linked marriage to the procreation of children; for instance, it was commonly said (as in Case 16) that marriages were concluded “in order to beget children” (liberorum procreandorum causa); and this tradition was considerably reinforced by imperial legislation devised to encourage childbirth (see Case 12). Nonetheless, as this Case shows, inability to beget children was not in itself necessarily a bar to marriage.
212. A change in civil status could occur when, for instance, a free person became a slave (perhaps because of criminal condemnation or enemy capture) or when a slave became a free person (perhaps through manumission by a master); or when a free person changed citizenship (perhaps when a free noncitizen received Roman citizenship from the emperor). Such changes in status gave rise to legal complexities that often affected not just the person himself but also those around him. For example, what happened to a man’s family and property if he was enslaved?
2. ” A surprisingly large number of Roman legal sources suggest that in the case of women the minimum age was not always observed; see also, for instance, Case 26 below. In the present Case, a girl younger than twelve has been “led” (deducta) in a wedding procession to the home of a man; such a “leading” from the home of the girl’s father into her husband’s is one common form of marriage ceremony (see Case 20). , Pomponius, D. 4: “A woman married when less than twelve years old will be a legitimate wife when she has reached age twelve in her husband’s house”).