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17 - Family Law

Published online by Cambridge University Press:  05 June 2012

Andrew M. Riggsby
Affiliation:
University of Texas, Austin
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Summary

The family seems to be an important institution within all societies. So it is not surprising that societies, modern or Roman, with sophisticated legal systems have elaborate rules about those families. They regulate, for instance, eligibility for marriage or transfer of wealth by inheritance. But the general similarity can be misleading. While the importance of “family” may be universal, ideals and even the definition of that term can differ considerably. The Roman word familia, for instance, usually means “household” or even “the slaves of the household.” Latin does not have a word that clearly refers to what we today call the (nuclear) family. As a result, the shape of Roman family law can be surprisingly different from modern versions. For instance, it has very little to say about issues like grounds for divorce, alimony, child support, and child custody. In some instances this is because the Romans thought the questions were easier to answer than we do; in other cases, it is because they didn't ask the same questions in the first place. Other issues, such as the authority of a father over his adult children or treatment of dowry, loomed much larger in Rome than they do today. Over time, the shape of the Roman family (and of marriage in particular) changed. It was affected by several factors. One of the most dramatic of these was the rise of Christianity. The final section will look at the legal consequences of that transformation.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • Family Law
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.018
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  • Family Law
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.018
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Family Law
  • Andrew M. Riggsby, University of Texas, Austin
  • Book: Roman Law and the Legal World of the Romans
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511780813.018
Available formats
×