By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) used to be in lots of respects dramatically assorted from the trendy relatives. From the early Roman Empire (30 B.C. to approximately A.D. 250) there live on many felony resources that describe Roman families, frequently within the such a lot intimate aspect. the subject material of those old assets comprises marriage and divorce, the valuables features of marriage, the trend of authority inside of families, the transmission of estate among generations, and the supervision of Roman orphans.This casebook provides 235 consultant texts drawn principally from Roman criminal resources, specifically Justinian's Digest. those instances and the dialogue questions that stick to offer an excellent creation to the elemental felony difficulties linked to the normal households of Roman electorate. The association of fabrics conveys to scholars an figuring out of the fundamental principles of Roman relations legislations whereas additionally offering them with the ability to query those ideas and discover the wider criminal rules that underlie them.Included situations invite the reader to strive against with real Roman felony difficulties, in addition to to contemplate Roman options relating to sleek legislation. within the strategy, the reader may still achieve self assurance in dealing with primary kinds of felony considering, that have endured nearly unchanged from Roman instances till the present.This quantity additionally features a thesaurus of technical phrases, biographies of the jurists, easy bibliographies of precious secondary literature, and an in depth advent to the scholarly issues linked to Roman family members law.A direction in response to this casebook will be of curiosity to someone who needs to appreciate higher Roman social background, both as a part of a bigger Classical Civilization curriculum or as a guidance for legislation university.
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Extra resources for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
For girls, the age of majority was therefore simply set at twelve, which was taken as the normal time of puberty. Boys, by contrast, mature more slowly. This Case reﬂects a controversy between two groups of early imperial jurists: the Sabinians (Gaius’s school), who in general required a boy to have the actual physical ability to procreate and who therefore presumably required physical inspection; and the Proculians, who set an age of fourteen for boys. Which approach is preferable? D. 529, when Emperor Justinian upheld the Proculian view (C.
How can we deal with a legal system in which divorce might be achieved so easily, on the initiative of either spouse at any time, without direct notice to or control by the state, and perhaps even without notice to an affected spouse? Should we look for countervailing social factors that might have acted to promote marital stability or for indirect legal obstacles to divorce (such as dowry encumbrances, Cases 81–89)? Or are we better advised to accept the possibility that free divorce may not be such a threat to social order as many of us have thought?
1: Nuptiae sunt coniunctio maris et feminae et consortium omnis vitae, divini et humani iuris communicatio). This august description, however, scarcely isolates Roman marriage as a distinct historical phenomenon. At best, Modestinus may be thought to identify an abiding cultural ideal rather than the real Roman marriage that emerges from legal and literary sources. Marriage is usually considered the most fundamental building block of human societies, and it is certainly the most persistent. But its conﬁguration, and in particular its legal conﬁguration, has varied extremely widely through the ages.
A Casebook on Roman Family Law (Classical Resources Series, No. 3.) by Bruce W. Frier, Thomas A. J. McGinn