By Bruce W. Frier, Thomas A. J. McGinn
The Roman family (familia) used to be in lots of respects dramatically various from the fashionable relatives. From the early Roman Empire (30 B.C. to approximately A.D. 250) there live on many felony resources that describe Roman families, usually within the so much intimate aspect. the subject material of those historic resources 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 felony assets, in particular Justinian's Digest. those instances and the dialogue questions that stick to offer an outstanding advent to the fundamental criminal difficulties linked to the standard households of Roman electorate. The association of fabrics conveys to scholars an knowing of the elemental ideas of Roman relatives legislation whereas additionally delivering them with the capacity to query those principles 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 ideas when it comes to glossy legislation. within the method, the reader should still achieve self assurance in dealing with primary types of criminal pondering, that have persevered nearly unchanged from Roman occasions till the present.This quantity additionally includes a thesaurus of technical phrases, biographies of the jurists, simple bibliographies of worthy secondary literature, and a close creation to the scholarly themes linked to Roman relatives law.A direction in response to this casebook can be of curiosity to somebody who needs to appreciate greater Roman social background, both as a part of a bigger Classical Civilization curriculum or as a coaching for legislations tuition.
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Extra info for A Casebook on Roman Family Law (Classical Resources Series, No. 3.)
Gaius in the ﬁrst book of his Institutes) (48) There follows another distinction in the law of personal status: some persons are sui iuris, some are subjected to another’s legal right (alieno iuri). . (52) So, slaves are in the power (in potestate) of their owners. This power comes from the law of nations; for uniformly among all peoples we can observe that owners have the power of life and death over their slaves, and whatever is acquired through a slave is acquired for the owner. . (55) Likewise in our power (in potestate nostra) are our children whom we have sired in a legitimate marriage.
2) The word familia is also employed to signify a sort of body (corpus) deﬁned either by a rule particular to its members or by the common rule of general relationship. By a particular rule, we describe a familia as a number of persons who, either by nature or by law, are subjected to the power ( potestas) of one person: for example, a pater familias (male head of a household), a mater familias (here, a wife if she is subject to her husband’s manus), a son or daughter in their father’s power, and those who then follow them in turn, for example, grandsons and granddaughters (from sons), and so on.
Basic Concepts 13 C A S E 2: Slavery and Freedom D. 9) Summa itaque de iure personarum divisio haec est, quod omnes homines aut liberi sunt aut servi. D. ) Libertas est naturalis facultas eius quod cuique facere libet, nisi si quid vi aut iure prohibetur. (1) Servitus est constitutio iuris gentium, qua quis dominio alieno contra naturam subicitur. (Gaius in the ﬁrst book of his Institutes) The foremost distinction in the law of personal status is this, that all human beings are either free or slaves.
A Casebook on Roman Family Law (Classical Resources Series, No. 3.) by Bruce W. Frier, Thomas A. J. McGinn