Family and Familia in Roman Law and Life

Family and Familia in Roman Law and Life

by Jane F. Gardner
     
 

ISBN-10: 0198152175

ISBN-13: 9780198152170

Pub. Date: 05/28/1998

Publisher: Oxford University Press, USA

Ancient Roman families were very diverse, of course, but the basis of Roman civil law was the familia, a strictly defined group consisting of a head, called a paterfamilias, and his descendants in the male line. Recent work on the Roman family mainly ignores the familia, examining instead such matters as emotional relationships within families, the practical

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Overview

Ancient Roman families were very diverse, of course, but the basis of Roman civil law was the familia, a strictly defined group consisting of a head, called a paterfamilias, and his descendants in the male line. Recent work on the Roman family mainly ignores the familia, examining instead such matters as emotional relationships within families, the practical effects of control by a paterfamilias, and demographic factors producing families which did not fit the familia pattern. Gardner investigates the complex relationship that existed between family and familia, illustrating in particular how families exploited the legal rules for their own ends—and disrupted the familia—by use of emancipation (release from patria potestas) and adoption. She also traces legal responses to the effects of verious demographic factors, which gave increased importance to maternal connections, and to social effects, such as the troubles ex-slaves faced in conforming to the familia pattern.

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Product Details

ISBN-13:
9780198152170
Publisher:
Oxford University Press, USA
Publication date:
05/28/1998
Edition description:
New Edition
Pages:
320
Product dimensions:
5.70(w) x 8.60(h) x 1.00(d)
Lexile:
1620L (what's this?)

Table of Contents

List of Abbreviations
Introduction: Familia and Families1
1Out of the Familia: The Practice of Emancipation6
1.1Introduction6
1.2The Procedure and Effects of Emancipation10
1.3Emancipati and Inheritance in Roman Civil Law15
1.4Inheritance under Praetorian Rules20
1.5Chronological Development of the Praetorian Rules24
1.6Other Related Changes42
1.7Augustan Legislation on Marriage and Inheritance47
1.8Emancipation in Freedman Families55
1.9Emancipation in Practice: Homes and Incomes67
1.10Provision for the Present: Maintenance74
1.11Daughters, Dowry, and Emancipation85
1.12Family Favourites: Provision in Wills93
1.13Motives for Emancipation104
2Into the Familia: The Practice of Adoption114
2.1Introduction114
2.2The Legal Effects of Adoption117
2.3The Procedures of Adoption126
2.4Adoptions in Roman History133
2.5Capacity to Adopt: Questions of Age and Sex145
2.6Protection of the Impubes165
2.7Consent to Adoption175
2.8Adoption in Freedman Families179
2.9Family Favourites: Adoption within the Family190
2.10The Purposes of Adoption199
3Outside the Familia: Mothers and Children209
3.1Introduction: The Maternal Relationship in Civil Law209
3.2Death and Renewal: The Importance of Cognates212
3.3Developments in Inheritance Law220
3.4Family Finances: Maternal Influences233
3.5Mothers and Tutors241
3.6Illegitimate Children252
3.7Mothers and Children in Freedman Families261
Conclusion268
Bibliography280
Index of Sources287
General Index299

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