A Casebook on Roman Family Law

Hardcover (Print)
Buy New
Buy New from BN.com
$119.99
Used and New from Other Sellers
Used and New from Other Sellers
from $64.92
Usually ships in 1-2 business days
(Save 45%)
Other sellers (Hardcover)
  • All (5) from $64.92   
  • New (2) from $126.13   
  • Used (3) from $64.92   

Overview

The Roman household (familia) was in many respects dramatically different from the modern family. From the early Roman Empire (30 B.C. to about A.D. 250) there survive many legal sources that describe Roman households, often in the most intimate detail. The subject matter of these ancient sources includes marriage and divorce, the property aspects of marriage, the pattern of authority within households, the transmission of property between generations, and the supervision of Roman orphans.

This casebook presents 235 representative texts drawn largely from Roman legal sources, especially Justinian's Digest. These cases and the discussion questions that follow provide a good introduction to the basic legal problems associated with the ordinary families of Roman citizens. The arrangement of materials conveys to students an understanding of the basic rules of Roman family law while also providing them with the means to question these rules and explore the broader legal principles that underlie them.

Included cases invite the reader to wrestle with actual Roman legal problems, as well as to think about Roman solutions in relation to modern law. In the process, the reader should gain confidence in handling fundamental forms of legal thinking, which have persisted virtually unchanged from Roman times until the present.

This volume also contains a glossary of technical terms, biographies of the jurists, basic bibliographies of useful secondary literature, and a detailed introduction to the scholarly topics associated with Roman family law.

A course based on this casebook should be of interest to anyone who wishes to understand better Roman social history, either as part of a larger Classical Civilization curriculum or as a preparation for law school.

Read More Show Less

Editorial Reviews

From the Publisher
"The great merit of this casebook, like its predecessor, is not only that it makes accessible to a non-specialist audience a collection of sources that are forbidding and largely unknown even to most classicists, but also that it presents avenues for exploring ways in which the discourse of law reacts to, engages with, and problematically reflects and refracts social attitudes and experience. Those who elect to construct a course in Roman law along the lines suggested by F/M have been richly equipped to do so. There are many others who will want to own this book (and its predecessor on delict) and to include it on their syllabi as a resource for legal and social history."—Bryn Mawr Classical Review
Read More Show Less

Product Details

Meet the Author

Bruce W. Frier is Professor of Classics and Roman Law at the University of Michigan. Thomas A.J. McGinn is Associate Professor of Classical Studies at Vanderbilt University.

Read More Show Less

Table of Contents

Major Jurists Cited in This Casebook
Introduction to Roman Family Law 3
Ch. I Basic Concepts
Case 1 Freedom, Citizenship, and Household 12
Case 2 Slavery and Freedom 14
Case 3 Agnatic Relationship 16
Case 4 The Household (Familia) and the Pater Familias 18
Case 5 Sui Iuris and Alieni Iuris 21
Case 6 The Age of Majority 23
Ch. II Marriage
Case 7 Less Than Minimum Age 27
Case 8 The Ability to Procreate 29
Case 9 Conubium 31
Case 10 Legal Impediments 34
Case 11 Incestuous Marriage 36
Case 12 Incentives to Marry and Reproduce 39
Case 13 The Requirement of Agreement 41
Case 14 A Freedwoman's Agreement 43
Case 15 Not Standing on Ceremony 45
Case 16 What the Neighbors Know 47
Case 17 Marital Affection 49
Case 18 A Wife or a Concubine? 51
Case 19 An Archaic Wedding Ceremony 54
Case 20 Leading a Bride into the Home 56
Case 21 The Significance of Ceremony 58
Case 22 Cohabitation and Marriage 60
Case 23 The Man Who Died beside the Tiber 62
Case 24 Arranging a Betrothal 65
Case 25 Agreement to Betrothal 67
Case 26 Betrothal and Marriage 68
Case 27 An Affront to the Fiancee 70
Case 28 Jilting Your Intended 71
Case 29 Marriage, Dowry, and Public Policy 72
Case 30 Giving the Dowry 75
Case 31 The Bride Gets Cold Feet 78
Case 32 The Duty to Provide a Dowry 79
Case 33 Appropriate Dowries 81
Case 34 The "Dowered" Wife 83
Case 35 The Burdens of Marriage 84
Case 36 Appraising the Dowry 85
Case 37 Filiae Loco 89
Case 38 The Wife's Property 91
Case 39 Acquisitions by a Wife in Manus 93
Case 40 Can a Wife in Manus Divorce? 94
Case 41 Free Marriage: The Principle of Noninterference 96
Case 42 Sharing Status 97
Case 43 Showing Reverence 99
Case 44 An Affront to a Spouse 100
Case 45 No Infamy 101
Case 46 An Unknown Son 104
Case 47 Notice of Pregnancy 105
Case 48 Protecting the Unborn Child 108
Case 49 Custody of Children 109
Case 50 Adultery and Marriage 110
Case 51 Killing the Adulterer... 112
Case 52 ...But Not His Own Wife 114
Case 53 Pandering 116
Case 54 The Necessity of Divorce 118
Case 55 A Double Standard? 120
Case 56 Separate Estates 122
Case 57 Managing His Wife's Property 124
Case 58 What the Woman Brings with Her 125
Case 59 Q. Mucius's Presumption 127
Case 60 Maintenance 128
Case 61 No Gifts 130
Case 62 A Fake Sale 133
Case 63 Making Clothes 134
Case 64 Exceptions 135
Case 65 Severan Reforms 137
Case 66 Equitable Ownership? 140
Case 67 Fruits and Capital Gains 143
Case 68 A Dowry Allowance to the Wife 145
Case 69 Tying the Dowry to the Wife's Maintenance 147
Case 70 Diligence 149
Case 71 Necessary Expenses 151
Case 72 Statutory Limits on a Husband's Power 153
Case 73 Captured 156
Case 74 A Daughter Is Deported 158
Case 75 Free Divorce 160
Case 76 Divorce by Remarriage? 161
Case 77 The Mental Element 163
Case 78 Formal Requirements? 164
Case 79 Free-Form Divorce 167
Case 80 Amicable Divorce 169
Case 81 A Wife Dies 170
Case 82 Divorce and the Dowry 173
Case 83 Retention on Moral Grounds 174
Case 84 Retaining Necessary Expenses 177
Case 85 Reducing the Dowry by Law 179
Case 86 Useful Expenses 181
Case 87 Opening a Quarry 183
Case 88 Luxury Expenses 185
Case 89 Gaius Gracchus and Licinia's Dowry 186
Ch. III Patria Potestas
Case 90 The Consilium I: Almost the Entire Senate 193
Case 91 The Consilium II: The Quality of Mercy 196
Case 92 A Hunting Accident? 199
Case 93 Disciplining a Troublesome Son 202
Case 94 An Offense Related to Public Pietas 204
Case 95 An Adulterous Daughter 205
Case 96 Limitations on Killing a Daughter 207
Case 97 A Son and the State 210
Case 98 Who Consents 212
Case 99 Compelling a Child's Consent 214
Case 100 A Father's Consent 215
Case 101 Impaired Consent: Madness 218
Case 102 Impaired Consent: Captivity 219
Case 103 Parental Consent and Public Policy 221
Case 104 Divorce: The Ernperor Pius Intervenes 222
Case 105 A Father Changes His Mind 223
Case 106 Disposition of Gifts 224
Case 107 Breaking Up Is Hard to Do 226
Case 108 Stealing a Child 229
Case 109 Mother versus Father 230
Case 110 Deciding on Custody 231
Case 111 Self-Custody 234
Case 112 Maintenance of Relatives 235
Case 113 Owning and Possessing Nothing 240
Case 114 Through Whom Do We Acquire? 241
Case 115 Ownership and Possession 244
Case 116 The Father's Knowledge 246
Case 117 Acquiring a Debt 248
Case 118 The Uniqueness of the Son-in-Power 251
Case 119 As Though He Were a Pater Familias 253
Case 120 Suing the Son 254
Case 121 The Father's Order 255
Case 122 Turned to the Father's Benefit 256
Case 123 Obtaining a Daughter's Dowry 258
Case 124 Business Managers 260
Case 125 The Nature of the Fund 265
Case 126 The Contents of a Peculium 267
Case 127 Constituting a Peculium 269
Case 128 Slave Women and Daughters 271
Case 129 Acquiring Property 272
Case 130 Free Administration 274
Case 131 Gifts from a Peculium 277
Case 132 Lending Money 278
Case 133 Defending the Peculium 280
Case 134 Computing the Balance 282
Case 135 Deductions from the Peculium 285
Case 136 The Deceitful Pater 288
Case 137 Alternative Remedies 289
Case 138 The Camp Peculium 290
Case 139 Noxal Actions 292
Case 140 Liability and Status 294
Case 141 Defending the Son 295
Case 142 Wrongs against Children-in-Power 296
Case 143 Paternal Power and Status 298
Case 144 Presuming a Father 299
Case 145 Periods of Gestation 300
Case 146 Strange Bedfellows? 302
Case 147 A Divorced Wife Takes Vengeance 303
Case 148 Adrogation 304
Case 149 The Adoption Process 306
Case 150 Age Requirements 309
Case 151 Family Ties 310
Case 152 Adoption and Adrogation of Women 311
Case 153 Adoption by Women 312
Case 154 The Imitation of Nature 313
Case 155 The Decision to Emancipate 315
Case 156 Study Abroad 317
Case 157 Emancipated versus Freed 318
Case 158 The State Intervenes 319
Ch. IV Succession
Case 159 Rules of the fus Civile 323
Case 160 An Unwilling Heir 326
Case 161 The Praetor's Rules 328
Case 162 Emancipated and Disinherited 330
Case 163 A Legal Puzzler 331
Case 164 The Third Praetorian Class (Unde Cognati) 333
Case 165 Illegitimate Children 334
Case 166 Son-in-Power as Cognate 335
Case 167 Husbands and Wives 337
Case 168 Mothers Inherit from Children 339
Case 169 Children Inherit from Mothers 340
Case 170 Disqualifications 341
Case 171 The Mancipatory Will 344
Case 172 Common Substitution 347
Case 173 Pupillary Substitution 348
Case 174 The Causa Curiana 349
Case 175 Who's on First? 351
Case 176 Two Wills 352
Case 177 Privileged Heirs 353
Case 178 Defective Wills 354
Case 179 Name Games 356
Case 180 Disinheritance as an Advantage 358
Case 181 Partial Disinheritance 359
Case 182 Providing for Postumi 360
Case 183 Postumi and the (Un)married Man 361
Case 184 Subfecundity 363
Case 185 Twins 365
Case 186 The Challenge of the Emancipatus 367
Case 187 Adopted Children 369
Case 188 Passing Over Sui Heredes 371
Case 189 The Son of an Adopted Child 373
Case 190 Adopting a Son as a Grandson 375
Case 191 Adopting a Grandson as a Son 376
Case 192 Complaints about the Will 377
Case 193 Duty and Sanity 378
Case 194 Evil Stepmothers 379
Case 195 A Mother's Mistake 381
Case 196 Multiple Claims 383
Case 197 Procedural Alternatives 384
Case 198 The Lex Falcidia 387
Case 199 Legacy of a Dowry 389
Case 200 Legacy in Place of a Dowry 390
Case 201 Generic Legacies 392
Case 202 Things Acquired for a Wife 394
Case 203 Legacy of a Usufruct 397
Case 204 Legacy of a Peculium 400
Case 205 Release from Liability 402
Case 206 Inheritance by Another Name? 404
Case 207 Fideicommissum or Not? 406
Case 208 The Gargilian Farm 408
Case 209 Legacy and Fideicommissum 410
Case 210 Bad Blood 412
Case 211 Motives and Reasons 413
Case 212 Just Like a Legacy 416
App A Specimen Roman Will 418
Ch. V Tutelage and the Status of Children and Women
Case 213 Defining Tutelage 425
Case 214 Appointing a Tutor 426
Case 215 The Tutor as Owner 428
Case 216 Authorization 430
Case 217 Welfare of the Child 432
Case 218 Pitfalls of Tutelage 434
Case 219 Liability for Alienating Property 437
Case 220 Making Whole: Restitutio in Integrum 438
Case 221 The Appointment of a Curator 441
Case 222 Paying a Debt 443
Case 223 Parting Lunatics and Prodigals from Their Property 445
Case 224 A Worried Mother 447
Case 225 The Weaker Sex? 450
Case 226 The Tutor's Authorization 453
Case 227 Escaping a Tutor 454
Case 228 Women's Wills 455
Case 229 Where the Boys Are 457
Case 230 Order in the Court 460
Case 231 Male Jobs 461
Case 232 Ignorance of the Law 463
Case 233 The Credit of Women 464
Case 234 Protecting Women in Financial Matters 467
Case 235 Sexual Harassment 468
App Biographies of the Major Roman Jurists 471
Glossary of Technical Tems 479
Suggested Further Reading 489
Bibliography on the Roman Family 491
Index of Sources 495
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)