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16 - Women and Property

Published online by Cambridge University Press:  05 June 2012

Andrew M. Riggsby
Affiliation:
University of Texas, Austin
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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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Publisher: Cambridge University Press
Print publication year: 2010

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  • Women and Property
  • 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/CBO9780511780813.017
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  • Women and Property
  • 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/CBO9780511780813.017
Available formats
×

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.

  • Women and Property
  • 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/CBO9780511780813.017
Available formats
×