A Casebook on Roman Family LawOxford University Press, 2004 - 506 strán (strany) The Roman household (familia) was in many respects dramatically different from the modern family. From the early Roman Empire (30 B.C. to about A.D. 250) there survive many legal sources that describe Roman households, often in the most intimate detail. The subject matter of these ancient sources includes marriage and divorce, the property aspects of marriage, the pattern of authority within households, the transmission of property between generations, and the supervision of Roman orphans. This casebook presents 235 representative texts drawn largely from Roman legal sources, especially Justinian's Digest. These cases and the discussion questions that follow provide a good introduction to the basic legal problems associated with the ordinary families of Roman citizens. The arrangement of materials conveys to students an understanding of the basic rules of Roman family law while also providing them with the means to question these rules and explore the broader legal principles that underlie them. Included cases invite the reader to wrestle with actual Roman legal problems, as well as to think about Roman solutions in relation to modern law. In the process, the reader should gain confidence in handling fundamental forms of legal thinking, which have persisted virtually unchanged from Roman times until the present. This volume also contains a glossary of technical terms, biographies of the jurists, basic bibliographies of useful secondary literature, and a detailed introduction to the scholarly topics associated with Roman family law. A course based on this casebook should be of interest to anyone who wishes to understand better Roman social history, either as part of a larger Classical Civilization curriculum or as a preparation for law school. |
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Obsah
Basic Concepts | 11 |
Marriage | 25 |
Ceremony? | 54 |
Part B Further Aspects of the Marriage Process | 63 |
Arranging a Betrothal | 65 |
Agreement to Betrothal | 67 |
Betrothal and Marriage | 68 |
An Affront to the Fiancée | 70 |
Part B Property and Obligations | 238 |
Acquiring for the Pater Familias | 239 |
Owning and Possessing Nothing | 240 |
Through Whom Do We Acquire? | 241 |
Ownership and Possession | 244 |
The Fathers Knowledge | 246 |
Acquiring a Debt | 248 |
Obligating the Pater Familias | 250 |
Jilting Your Intended | 71 |
Marriage Dowry and Public Policy | 72 |
Giving the Dowry | 75 |
The Bride Gets Cold Feet | 78 |
The Duty to Provide a Dowry | 79 |
Appropriate Dowries | 81 |
The Dowered Wife | 83 |
The Burdens of Marriage | 84 |
Appraising the Dowry | 85 |
The Marital Regime | 87 |
Manus Marriage | 88 |
Filiae Loco | 89 |
The Wifes Property | 91 |
Acquisitions by a Wife in Manus | 93 |
Can a Wife in Manus Divorce? | 94 |
Relations between Spouses | 95 |
Free Marriage The Principle of Noninterference | 96 |
Sharing Status | 97 |
Showing Reverence | 99 |
An Affront to a Spouse | 100 |
No Infamy | 101 |
Procreation and Sexual Fidelity | 103 |
An Unknown Son | 104 |
Notice of Pregnancy | 105 |
Protecting the Unborn Child | 108 |
Custody of Children | 109 |
Adultery and Marriage | 110 |
Killing the Adulterer | 112 |
But Not His Own Wife | 114 |
Pandering | 116 |
The Necessity of Divorce | 118 |
A Double Standard? | 120 |
The Property of the Spouses | 121 |
Separate Estates | 122 |
Managing His Wifes Property | 124 |
What the Woman Brings with Her | 125 |
Q Muciuss Presumption | 127 |
Maintenance | 128 |
No Gifts | 130 |
A Fake Sale | 133 |
Making Clothes | 134 |
Exceptions | 135 |
Severan Reforms | 137 |
Administering the Dowry | 139 |
Equitable Ownership? | 140 |
Fruits and Capital Gains | 143 |
A Dowry Allowance to the Wife | 145 |
Tying the Dowry to the Wifes Maintenance | 147 |
Diligence | 149 |
Necessary Expenses | 151 |
Statutory Limits on a Husbands Power | 153 |
The End of Marriage | 155 |
Captured | 156 |
A Daughter Is Deported | 158 |
Free Divorce | 160 |
Divorce by Remarriage? | 161 |
The Mental Element | 163 |
Formal Requirements? | 164 |
FreeForm Divorce | 167 |
Amicable Divorce | 169 |
A Wife Dies | 170 |
Divorce and the Dowry | 173 |
Retention on Moral Grounds | 174 |
Retaining Necessary Expenses | 177 |
Reducing the Dowry by Law | 179 |
Useful Expenses | 181 |
Opening a Quarry | 183 |
Luxury Expenses | 185 |
Gaius Gracchus and Licinias Dowry | 186 |
Patria Potestas | 189 |
Part A Powers | 190 |
The Power of Life and Death | 191 |
The Consilium I Almost the Entire Senate | 193 |
The Consilium II The Quality of Mercy | 196 |
A Hunting Accident? | 199 |
Disciplining a Troublesome Son | 202 |
An Offense Related to Public Pietas | 204 |
An Adulterous Daughter | 205 |
Limitations on Killing a Daughter | 207 |
A Son and the State | 210 |
Consent to Marriage | 211 |
Who Consents | 212 |
Compelling a Childs Consent | 214 |
A Fathers Consent | 215 |
Impaired Consent Madness | 218 |
Impaired Consent Captivity | 219 |
Parental Consent and Public Policy | 221 |
Divorce The Emperor Pius Intervenes | 222 |
A Father Changes His Mind | 223 |
Disposition of Gifts | 224 |
Breaking Up Is Hard to Do | 226 |
Custody and Maintenance | 227 |
Stealing a Child | 229 |
Mother versus Father | 230 |
Deciding on Custody | 231 |
SelfCustody | 234 |
Maintenance of Relatives | 235 |
The Uniqueness of the SoninPower | 251 |
As Though He Were a Pater Familias | 253 |
Suing the Son | 254 |
The Fathers Order | 255 |
Turned to the Fathers Benefit | 256 |
Obtaining a Daughters Dowry | 258 |
Business Managers | 260 |
The Peculium | 263 |
The Nature of the Fund | 265 |
The Contents of a Peculium | 267 |
Constituting a Peculium | 269 |
Slave Women and Daughters | 271 |
Acquiring Property | 272 |
Free Administration | 274 |
Gifts from a Peculium | 277 |
Lending Money | 278 |
Defending the Peculium | 280 |
Computing the Balance | 282 |
Deductions from the Peculium | 285 |
The Deceitful Pater | 288 |
Alternative Remedies | 289 |
The Camp Peculium | 290 |
Liability for Wrongful Acts | 291 |
Noxal Actions | 292 |
Liability and Status | 294 |
Defending the Son | 295 |
Wrongs against ChildreninPower | 296 |
Creation and Termination | 297 |
Paternal Power and Status | 298 |
Presuming a Father | 299 |
Periods of Gestation | 300 |
Strange Bedfellows? | 302 |
A Divorced Wife Takes Vengeance | 303 |
Adrogation | 304 |
The Adoption Process | 306 |
Age Requirements | 309 |
Family Ties | 310 |
Adoption and Adrogation of Women | 311 |
Adoption by Women | 312 |
The Imitation of Nature | 313 |
The Decision to Emancipate | 315 |
Study Abroad | 317 |
Emancipated versus Freed | 318 |
The State Intervenes | 319 |
Succession | 321 |
Part A Intestate Succession | 322 |
Rules of the Ius Civile | 323 |
An Unwilling Heir | 326 |
The Praetors Rules | 328 |
Emancipated and Disinherited | 330 |
A Legal Puzzler | 331 |
The Third Praetorian Class Unde Cognati | 333 |
Illegitimate Children | 334 |
SoninPower as Cognate | 335 |
Husbands and Wives | 337 |
Mothers Inherit from Children | 339 |
Children Inherit from Mothers | 340 |
Disqualifications | 341 |
Part B Heirs and the Will | 342 |
The Mancipatory Will | 344 |
Common Substitution | 347 |
Pupillary Substitution | 348 |
The Causa Curiana | 349 |
Whos on First? | 351 |
Two Wills | 352 |
Privileged Heirs | 353 |
Defective Wills | 354 |
Name Games | 356 |
Disinheritance as an Advantage | 358 |
Partial Disinheritance | 359 |
Providing for Postumi | 360 |
Postumi and the Unmarried Man | 361 |
Subfecundity | 363 |
Twins | 365 |
The Challenge of the Emancipatus | 367 |
Adopted Children | 369 |
Passing Over Sui Heredes | 371 |
The Son of an Adopted Child | 373 |
Adopting a Son as a Grandson | 375 |
Adopting a Grandson as a Son | 376 |
Complaints about the Will | 377 |
Duty and Sanity | 378 |
Evil Stepmothers | 379 |
A Mothers Mistake | 381 |
Multiple Claims | 383 |
Procedural Alternatives | 384 |
Bequests to Nonheirs | 386 |
Fideicommissa | 404 |
Gifts Mortis Causa | 413 |
Part A Children Young Adults Lunatics and Spendthrifts | 424 |
Curatorship of Young Adults | 438 |
Part B The Status of Women | 448 |
Biographies of the Major Roman Jurists | 471 |
Glossary of Technical Terms | 479 |
489 | |
495 | |
Iné vydania - Zobraziť všetky
A Casebook on Roman Family Law Bruce W. Frier,Thomas A. J. McGinn,Thomas A. McGinn Obmedzený náhľad - 2004 |
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