Family and Familia in Roman Law and Life

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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: 5/28/1998
  • Edition description: New Edition
  • Pages: 320
  • Lexile: 1620L (what's this?)
  • Product dimensions: 5.70 (w) x 8.60 (h) x 1.00 (d)

Meet the Author

University of Reading
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Table of Contents

List of Abbreviations
Introduction: Familia and Families 1
1 Out of the Familia: The Practice of Emancipation 6
1.1 Introduction 6
1.2 The Procedure and Effects of Emancipation 10
1.3 Emancipati and Inheritance in Roman Civil Law 15
1.4 Inheritance under Praetorian Rules 20
1.5 Chronological Development of the Praetorian Rules 24
1.6 Other Related Changes 42
1.7 Augustan Legislation on Marriage and Inheritance 47
1.8 Emancipation in Freedman Families 55
1.9 Emancipation in Practice: Homes and Incomes 67
1.10 Provision for the Present: Maintenance 74
1.11 Daughters, Dowry, and Emancipation 85
1.12 Family Favourites: Provision in Wills 93
1.13 Motives for Emancipation 104
2 Into the Familia: The Practice of Adoption 114
2.1 Introduction 114
2.2 The Legal Effects of Adoption 117
2.3 The Procedures of Adoption 126
2.4 Adoptions in Roman History 133
2.5 Capacity to Adopt: Questions of Age and Sex 145
2.6 Protection of the Impubes 165
2.7 Consent to Adoption 175
2.8 Adoption in Freedman Families 179
2.9 Family Favourites: Adoption within the Family 190
2.10 The Purposes of Adoption 199
3 Outside the Familia: Mothers and Children 209
3.1 Introduction: The Maternal Relationship in Civil Law 209
3.2 Death and Renewal: The Importance of Cognates 212
3.3 Developments in Inheritance Law 220
3.4 Family Finances: Maternal Influences 233
3.5 Mothers and Tutors 241
3.6 Illegitimate Children 252
3.7 Mothers and Children in Freedman Families 261
Conclusion 268
Bibliography 280
Index of Sources 287
General Index 299
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