Book contents
- Frontmatter
- Contents
- ROMAN LAW AND THE LEGAL WORLD OF THE ROMANS
- 1 Introduction
- 2 Roman History – The Brief Version
- 3 Sources of Roman Law
- 4 Sources for Roman Law
- 5 The Legal Professions
- 6 Legal Education
- 7 Social Control
- 8 Legal (In)equality
- 9 Writing and the Law
- 10 Status
- 11 Civil Procedure
- 12 Contracts
- 13 Ownership and Possession
- 14 Other Rights over Property
- 15 Inheritance
- 16 Women and Property
- 17 Family Law
- 18 Delict
- 19 Crimes and Punishments
- 20 Religious Law
- 21 Law in the Provinces
- 22 Conclusion
- Documents
- Glossary
- Further Reading
- Index
16 - Women and Property
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- ROMAN LAW AND THE LEGAL WORLD OF THE ROMANS
- 1 Introduction
- 2 Roman History – The Brief Version
- 3 Sources of Roman Law
- 4 Sources for Roman Law
- 5 The Legal Professions
- 6 Legal Education
- 7 Social Control
- 8 Legal (In)equality
- 9 Writing and the Law
- 10 Status
- 11 Civil Procedure
- 12 Contracts
- 13 Ownership and Possession
- 14 Other Rights over Property
- 15 Inheritance
- 16 Women and Property
- 17 Family Law
- 18 Delict
- 19 Crimes and Punishments
- 20 Religious Law
- 21 Law in the Provinces
- 22 Conclusion
- Documents
- Glossary
- Further Reading
- Index
Summary
As in most (probably all) ancient societies, women had no part in public law. They could not vote or hold public office. For essentially the same reason (if less obviously so), they could not serve as witnesses to formal legal acts or represent others in court. In private law, however, they had surprisingly broad rights. In fact, it has been noted that women were in many respects freer under Roman law than under some “modern” European systems of only a couple of centuries ago. At any rate, it is generally fair to say that the private law presumed that men and women were to be treated in the same way, unless specific exception was made in some specific circumstance. Women could own property, be held liable for crimes, make contracts, and go to court to sue and be sued. They could inherit property, which (as we noted in the previous chapter) was of great financial importance. This chapter will treat the circumstances in which women were treated differently. It will also mention a few areas of the law that have particular effect on women, but that in the end are driven more by the idea of “family” than by any views of gender. (Note also that a woman with a living father had no property rights, just as her brothers did not [see the previous chapter]. In this chapter, I will be speaking of women who are not in power unless explicitly specified.
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- Chapter
- Information
- Roman Law and the Legal World of the Romans , pp. 165 - 172Publisher: Cambridge University PressPrint publication year: 2010