The Marriage Legislation of Augustus: a Study in Reception
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Marriage in Roman Law
YALE LAW JOURNAL VOL. XVI. MARCH, 1907. No. 5 MARRIAGE IN ROMAN LAW. 'TRANSLATED FROM THE ORIGINAL FRENCH TEXT BY ANDREW I'. BIRRKAN, D. C. L.; EDITED BY CHARLES P. SHERMAN, D. C. L., INSTRUCTOR IN ROMAN LAW, YALE LAW SCHOOL Monogamy was, among the Romans, a traditional custom, ordained by the positive law: Neminem, qui sub dicione sit Romani nominis, binas uxores habere posse vulgo patet, cum et in edicto praetoris huiusmodi viri infamia notati sint. Quam rem covpetensjudex, inultam esse non patietur. (Cod. 5, 5, 2.) In Roman Law, marriage is a status created by a simple pri- vate agreement. Its validity results from this understanding and is absolutely independent of the betrothal which ordinarily precedes, of physical cohabitation (nuptias non concubitus, sed con- sensusfadt, says Ulpian in the Digest), of the festivities or of the religious ceremony by which it may be accompanied; it is finally independent of any settlement which confirms the pecuniary terms of the union and serves as its evidence. However, accord- ing to the opinion of many authors, Roman marriage, even of the last period, was never formed simply by the mere exchange of consents; it presupposed a mode of living characterized by public acts of various kinds. That the concordant wills alone did not suffice is, in the first place, shown by the fact, that marriage may take place outside of the presence of the future husband, providing the bride should be brought to his house; finally, and above all, it could not take place in the absence of the bride, since in this case she could not possibly be at the hus- band's disposal. -
Justinian's Redaction
JUSTINIAN'S REDACTION. "Forhim there are no dry husks of doctrine; each is the vital develop- ment of a living germ. There is no single bud or fruit of it but has an ancestry of thousands of years; no topmost twig that does not greet with the sap drawn from -he dark burrows underground; no fibre torn away from it but has been twisted and strained by historic wheels. For him, the Roman law, that masterpiece of national growth, is no sealed book ..... ... but is a reservoir of doctrine, drawn from the watershed of a world's civilization!'* For to-day's student of law, what worth has the half- dozen years' activity of a few Greek-speakers by the Bos- phorus nearly fourteen centuries ago? Chancellor Kent says: "With most of the European nations, and in the new states of Spanish America, and in one of the United States, it (Roman law) constitutes the principal basis of their unwritten or common law. It exerts a very considerable influence on our own municipal law, and particularly on those branches of it which are of equity and admiralty jurisdiction, or fall within the cognizance of the surrogate or consistorial courts . It is now taught and obeyed not only in France, Spain, Germany, Holland, and Scotland, but in the islands of the Indian Ocean, and on the banks of the Mississippi and St. Lawrence. So true, it seems, are the words of d'Agnesseau, that 'the grand destinies of Rome are not yet accomplished; she reigns throughout the world by her reason, after having ceased to reign by her authority?'" And of the honored jurists whose names are carved on the stones of the Law Building of the University of Pennsyl- vania another may be cited as viewing the matter from a different standpoint. -
Staging Morality: Studies in the Lex Iulia De Adulteriis of 18 BCE
Staging Morality: Studies in the Lex Iulia de Adulteriis of 18 BCE by Mary Alana Deminion B.A., University of Victoria, 2007 B.A., University of Ottawa, 2001 A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of MASTER OF ARTS in the Department of Greek and Roman Studies Mary Alana Deminion University of Victoria All rights reserved. This thesis may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee Staging Morality: Studies in the Lex Iulia de Adulteriis of 18 BCE by Mary Alana Deminion B.A., University of Victoria, 2007 B.A., University of Ottawa, 2001 Dr. Gregory D. Rowe, Supervisor (Department of Greek and Roman Studies) Dr. Cedric A. J. Littlewood, Departmental Member (Department of Greek and Roman Studies) iii Abstract Supervisory Committee Dr. Gregory D. Rowe, Supervisor (Department of Greek and Roman Studies) Dr. Cedric A. J. Littlewood, Departmental Member (Department of Greek and Roman Studies) The lex Iulia de adulteriis of 18 BCE, which for the first time made adultery a criminal offence and created a standing court, was touted by the Augustan regime as a return to the moral customs of the Republican past. However, the new reform in fact represented a significant shift away from the traditional authority of the Roman paterfamilias to punish transgressions privately at his discretion and towards the legal power of the emperor and Senate to define and regulate morality on a public scale. Using a variety of primary source evidence, I explore the provisions of the adultery law and place the resulting criminal trials within the context of public staging of the Roman aristocracy. -
Christian Emperos' Attitude Towards Concubinage
Person and Family in Roman law and in tradition of European law Edited by: Sebastiano Tafaro, Onorato Bucci, Florian Lempa Persona e Famiglia nel diritto romano e nelle radici dei diritti dell'Europa A cura di: Sebastiano Tafaro, Onorato Bucci, Florian Lempa Taranto - Warszawa 2009 Review I Recensione: Teresa Mróz Redaction I Redazione: Ireneusz St. Bruski, Maria Casola, Sławomir Kursa, Krzysztof Szczygielski, Valentina Perrone Cover by I Copertina: Andrzej Mierzyński Correction I Correzione: Ewa Trąbińska, Krzysztof Pykel ISBN 978-83-930564-0-8 Editore Nunzio Varmence © Articles and translations are published in versions delivered by Autors © Le relazioni e le loro traduzioni sono state pubblicate nelle versioni consegnate dagli Autori 5 Contents I lndice Introduction I Introduzione First part: Person I Parte prima: Persona Sebastiano Tafaro, N ascita e formazione del termine persona ........................... 11 lolanda Palazzo, Common law ed equitylaw e tutela della persona fratradi- zione giuridica anglo-sassone e tradizione giuridica romano-canonica ............... 45 Fiore Fontanarosa, I diritti fondamentali della persona nel nuovo Trattato dell'Unione europea e le sue radici cristiane ........................................................ 85 Florian Lempa, Uomo (persoha umana) come soggetto di diritto nell'insegnamento di Giovanni Paolo II ............................................................. 101 Mirella Mazzeo, Filius familias-persona e sua presenza nel mondo del lavoro nella Roma antica ................................................................................... -
Drusus Libo and the Succession of Tiberius
THE REPUBLIC IN DANGER This page intentionally left blank The Republic in Danger Drusus Libo and the Succession of Tiberius ANDREW PETTINGER 1 3 Great Clarendon Street, Oxford, OX2 6DP United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries # Andrew Pettinger 2012 The moral rights of the author have been asserted First Edition published in 2012 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Data available ISBN 978–0–19–960174–5 Printed in Great Britain on acid-free paper by MPG Books Group, Bodmin and King’s Lynn To Hayley, Sue, and Graham Preface In 2003, while reading modern works on treason trials in Rome, I came across the prosecution of M. Scribonius Drusus Libo, an aristocrat destroyed in AD 16 for seeking out the opinions of a necromancer. -
Was Ancient Rome a Dead Wives Society? What Did the Roman Paterfamilias Get Away With?
Avondale College ResearchOnline@Avondale School of Ministry and Theology (Avondale Theology Papers and Journal Articles Seminary) 1-2006 Was Ancient Rome a Dead Wives Society? What did the Roman Paterfamilias Get Away With? Steven Thompson Avondale College of Higher Education, [email protected] Follow this and additional works at: https://research.avondale.edu.au/theo_papers Part of the History Commons Recommended Citation Thompson, S. (2006). Was ancient rome a dead wives society? What did the roman paterfamilias get away with? Journal of Family History, 31(1), 3-27. doi:10.1177/0363199005283010 This Article is brought to you for free and open access by the School of Ministry and Theology (Avondale Seminary) at ResearchOnline@Avondale. It has been accepted for inclusion in Theology Papers and Journal Articles by an authorized administrator of ResearchOnline@Avondale. For more information, please contact [email protected]. Was Ancient Rome a Dead Wives Society? What Did the Roman Paterfamilias Get Away With? Author’s final draft of a paper accepted for publication in Journal of Family History by Steven Thompson, PhD Senior Lecturer in Biblical Studies Avondale College 582 Central Drive Cooranbong, NSW 2265 Australia 24 September 2005 2 Was Ancient Rome a Dead Wives Society? What Did the Roman Paterfamilias Get Away With? Abstract Until recently, descriptions of the Roman family routinely attributed to the head of household the right of life and death over his wife, children of any age, and slaves, and assumed he exercised it. Challenges to this position by Roman law specialists have gradually impacted the way this right and its exercise are described by historians of the family. -
379330.Pdf (14.81Mb)
AUGUSTUS AND LAW-MAKING Elizabeth Clare Tilson Doctor of Philosophy University of Edinburgh 1986 ABSTRACT The aim of this thesis is to establish the significance of the Augustan period in the history of law-making and of various important areas of Roman Law. Clearly, the demise of the Roman Republic and the emergence of a princeps could not fail to be reflected in a system which had evolved, along with the Republic itself, over five centuries, and which was, therefore, closely linked with Republican institutions and processes. The varied Republican channels of law-making continued to be employed under Augustus, but never before had one man enjoyed sufficient power and auctoritas to enable him to oversee a large law-making programme as Augustus did. In chapter 1, i survey briefly the many enactments which are attributed in the evidence to the Augustan period after about 19 B. C., particularly those which can confidently be categorised as statutes, senatusconsulta or edicts, in order to see what happened to the Republican sources of law under Augustus and to look at the sorts of issues which were regulated by law during the Augustan period. The remaining chapters are devoted to the most important and best documented Augustan statutes, the lex Iulia de maritandis ordinibus and the lex Papia Poppaea (chapters 2 and 3), the lex Iulia de adulteriis coercendis (chapter 4) and the lex Aelia Sentia and the lex Fufia Caninia (chapter 5). The purpose of these chapters is to examine the individual statutes in detail and to see what policies and aims may be detected in them in order to assess their importance in the history of these areas of Roman Law and as reflections of the aims and achievements of Augustus in general. -
Rape Culture in Ancient Rome Molly Ashmore Connecticut College, [email protected]
Connecticut College Digital Commons @ Connecticut College Classics Honors Papers Classics Department 2015 Rape Culture in Ancient Rome Molly Ashmore Connecticut College, [email protected] Follow this and additional works at: http://digitalcommons.conncoll.edu/classicshp Recommended Citation Ashmore, Molly, "Rape Culture in Ancient Rome" (2015). Classics Honors Papers. Paper 3. http://digitalcommons.conncoll.edu/classicshp/3 This Honors Paper is brought to you for free and open access by the Classics Department at Digital Commons @ Connecticut College. It has been accepted for inclusion in Classics Honors Papers by an authorized administrator of Digital Commons @ Connecticut College. For more information, please contact [email protected]. The views expressed in this paper are solely those of the author. 1 Rape Culture in Ancient Rome Senior Honors Thesis Presented by Molly Rose Ashmore Department of Classical Studies Advisor: Professor Darryl Phillips Reader: Professor Tobias Myers Connecticut College New London, Connecticut April 30th, 2015 2 Table of Contents Introduction 3 Chapter 1: Roman Sexuality and the Lex Julia de Adulteriis Coercendis 15 Chapter 2: Rape Narratives in Livy’s Ab Urbe Condita 33 Chapter 3: Sexual Violence in Ovid’s Poetry 56 Chapter 4: Stuprum in Roman Art 77 Conclusion 93 Bibliography 96 Images 100 Image Sources 106 3 Introduction American culture in the 1970’s witnessed a pivotal shift in the public understanding of sexual violence. The second wave feminist movement brought about the first public discussions of rape as a personal experience and a widespread social problem.1 Modern understanding and modes of criticism of rape largely stem from this moment that publicized issues, which previously had been private matters. -
An Augustan Accident: the Paradox of Augustan Sex and Marriage Laws and Augustan Ideology
The Gettysburg Historical Journal Volume 19 Article 9 September 2020 An Augustan Accident: The Paradox of Augustan Sex and Marriage Laws and Augustan Ideology Lillian Shea Gettysburg College Follow this and additional works at: https://cupola.gettysburg.edu/ghj Part of the History Commons Share feedback about the accessibility of this item. Recommended Citation Shea, Lillian (2020) "An Augustan Accident: The Paradox of Augustan Sex and Marriage Laws and Augustan Ideology," The Gettysburg Historical Journal: Vol. 19 , Article 9. Available at: https://cupola.gettysburg.edu/ghj/vol19/iss1/9 This open access article is brought to you by The Cupola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The Cupola. For more information, please contact [email protected]. An Augustan Accident: The Paradox of Augustan Sex and Marriage Laws and Augustan Ideology Abstract Augustus, born Gaius Octavius, curated a specific image of himself and his purpose for the Roman people, starting with his rise to power following his victory at Actium in 31 B.C.E. and culminating in his later construction projects. Augustus was generally successful at crafting a Pax Romana in which the people were fed, the Empire’s borders expanded, and the armies at peace. However, Augustus was fallible. When promoting themes of fertility, he enacted laws to actualize his ideology, restricting marriage based on class, ordering a minimum number of children per couple, and condemning adulteresses. Never before had state law punished citizens for sexual deviance and so plainly distinguished the bottom of moral hierarchy. In creating a model of moral behavior through law, Augustus also necessitated the existence of its antithesis, the prostitute. -
The Homosexual
~f. <4 „ * -v" *"''*'**v ~, V.S*1 M i l t tUNlVfiRStTV O f ILLINOIS May THIS IS TO CERTIFY THAT THE THESIS PREPARED UNDER MY SUPERVISION BY Christopher Clinton Conwnv ENTITLED, Homosexuality and Roman Lav <*•*♦**»•»•**• IS APPROVED BY ME AS FULFILLING THIS PART OF THE REQUIREMENTS FOR THE DEGREE OF....................^ ...................................................................................................... sfecdut&tL ...fc.... Instructor in / ( j , Apr roved: ...... HEAD OF DEPARTMENT OF. Histo.rv 0-13M ■'■.■■■ .■ ■ •■'•■■•'■■■ :;.V. V'.;:.-; Contents Acknowledgments................................................................. m Introduction...................................................................................1 1 The Earliest Record............................................................... 5 2 Mystery of the Lex Scantinia............................................16 3 From the Republic to the Empire.................................. 28 4 The Legislation of Morality................................................... 36 In Closing....................................................................................47 Bibliography............................................................................. 49 Acknowledgments I gratefully acknowledge the help of the many people who assisted with this thesis. My thanks go to Eugenia Fitzgerald who aided in the Latin translations as well as Kim Sheahan and Juliane Sheehan, proofreaders and critics, who provided much needed polish and personal encouragement. -
Law Reform in the Ancient World: Did the Emperor Augustus Succeed Or Fail in His Morals Legislation?
William & Mary Journal of Race, Gender, and Social Justice Volume 22 (2015-2016) Issue 2 William & Mary Journal of Women and Article 2 the Law February 2016 Law Reform in the Ancient World: Did the Emperor Augustus Succeed or Fail in His Morals Legislation? Charles J. Reid Jr. Follow this and additional works at: https://scholarship.law.wm.edu/wmjowl Part of the Legal Commons, and the Legal History Commons Repository Citation Charles J. Reid Jr., Law Reform in the Ancient World: Did the Emperor Augustus Succeed or Fail in His Morals Legislation?, 22 Wm. & Mary J. Women & L. 165 (2016), https://scholarship.law.wm.edu/wmjowl/vol22/iss2/2 Copyright c 2016 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmjowl LAW REFORM IN THE ANCIENT WORLD: DID THE EMPEROR AUGUSTUS SUCCEED OR FAIL IN HIS MORALS LEGISLATION? DR.CHARLES J.REID,JR.* ABSTRACT This is an Article with a dual purpose.First,it is concerned with the process of law reform: how do we judge a given reforms success or failure?Do we adopt strictly linear metrics?Or do we lookat non- linear impacts?For example,inthe campaign against tobacco,do we judge it a success because it has reduced cigarette smoking?Or because it reduced the political power of the tobacco companies? Secondly,in this Article,Iapply this complexmeans of analyz- ing law reform to the Emperor Augustuss morals legislation. Legal historians have typically regarded Augustuss morals legislation as having achieved,at best,mixed results.These historians,however, have tended to perform a linear assessment of the legislation.Did Augustus achieve the results he professed to want;that is,were cases of adultery prosecuted more frequently?Was elite childbirth encour- aged?I argue,incontrast,that the legislation must be seen against Augustuss larger political agenda, which was the subjection of elite families to the laws of the emerging Roman Empire.Seen in these political terms,Iargue that the legislation can be judged in substan- tial measure as successful. -
Part I. the Legacy of Roman Law
Sec. iA JUSTINIAN’S INSTITUTES I–1 PART I. THE LEGACY OF ROMAN LAW A. JUSTINIAN’S INSTITUTES Contents, Proemium, 1.1–3, 1.8pr, 1.9–10, 2.1–2, 2.5.6, 2.9.6, 3.13, 4.1pr, 4.6.pr–30 J.B. Moyle trans. (Oxford, 1913) [Some emendations by CD.]1 CONTENTS) PROOEMIUM Book I. Title I. Of Justice and Law II. Of the law of nature, the law of nations, and the civil law III. Of the law of persons IV. Of men free born V. Of freedmen VI. Of persons unable to manumit, and the causes of their incapacity VII. Of the repeal of the lex Fufia Caninia VIII. Of persons independent or dependent XI. Of paternal power X. Of marriage XI. Of adoptions XII. Of the modes in which paternal power is extinguished XIII. Of guardianships XIV. Who can be appointed guardians by will XV. Of the statutory guardianship of agnates XVI. Of loss of status XVII. Of the statutory guardianship of patrons XVIII. Of the statutory guardianship of parents XIX. Of fiduciary guardianship XX. Of Atilian guardians, and those appointed under the lex Iulia et Titia XXI. Of the authority of guardians XXII. Of the modes in which guardianship is terminated XXIII. Of curators XXIV. Of the security to be given by guardians and curators XXV. Of guardians’ and curators’ grounds of exemption XXVI. Of guardians or curators who are suspected BOOK II. Title I. Of the different kinds of Things II. Of incorporeal Things III. Of servitudes IV. Of usufruct V.