By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) was once in lots of respects dramatically diverse from the fashionable kinfolk. From the early Roman Empire (30 B.C. to approximately A.D. 250) there continue to exist many felony resources that describe Roman families, frequently within the so much intimate element. the subject material of those historic assets contains marriage and divorce, the valuables points of marriage, the trend of authority inside of families, the transmission of estate among generations, and the supervision of Roman orphans.This casebook offers 235 consultant texts drawn principally from Roman criminal assets, particularly Justinian's Digest. those circumstances and the dialogue questions that persist with offer a great creation to the fundamental felony difficulties linked to the standard households of Roman electorate. The association of fabrics conveys to scholars an figuring out of the fundamental principles of Roman relations legislation whereas additionally supplying them with the capacity to query those ideas and discover the wider felony ideas that underlie them.Included instances invite the reader to strive against with real Roman felony difficulties, in addition to to contemplate Roman suggestions relating to smooth legislation. within the method, the reader may still achieve self belief in dealing with basic kinds of criminal pondering, that have persevered nearly unchanged from Roman occasions till the present.This quantity additionally encompasses a word list of technical phrases, biographies of the jurists, simple bibliographies of beneficial secondary literature, and a close creation to the scholarly issues linked to Roman family members law.A direction in accordance with this casebook may 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 coaching for legislations institution.
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Additional info for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
Relatives through females are sometimes called “enates,” but this term is not important for law. 2. Classifying Relatives. Try sorting out your own blood relatives based on whether or not they are your agnates. One of the most surprising results, which, however, ﬂows straightforwardly from the deﬁnition of agnatic relationship, is that your father is your agnate, but your mother is not; similarly, 16 Basic Concepts your paternal grandfather is an agnate, but your paternal grandmother and maternal grandparents are not.
Reaching Adulthood. When does a person cease being a child and become an adult? In determining this, the Romans made use of the physical changes associated with the onset of puberty. Unfortunately, however, these changes are often difﬁcult to observe without an embarrassing inspection. 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.
As it turns out, the Latin word familia is usually better translated into English as “household” rather than “family”—and even this translation is none too accurate. It is easier, perhaps, to begin with the importance that Roman private law attached to the familia as the basic building block of the Roman state, since, metaphorically, the familia is often understood as the state in miniature. It has a form of governance that is theoretically vested in one person, a “head of the household” (pater familias, literally “father of the familia”).