A Casebook on Roman Family LawOxford University Press, 6. 11. 2003 - 529 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. |
Vyhľadávanie v obsahu knihy
Výsledky 1 - 5 z 45.
Strana xiv
... Child 229 Case 109: Mother versus Father 230 Case 110: Deciding on Custody 231 Case 111: Self-Custody 234 Case 112: Maintenance of Relatives 235 Part B. Property and Obligations Section 1. Acquiring for the xiv Contents.
... Child 229 Case 109: Mother versus Father 230 Case 110: Deciding on Custody 231 Case 111: Self-Custody 234 Case 112: Maintenance of Relatives 235 Part B. Property and Obligations Section 1. Acquiring for the xiv Contents.
Strana xv
... Acquiring for the Pater Familias Case 113: Owning and Possessing Nothing 240 Case 114: Through Whom Do We Acquire? 241 Case 115: Ownership and Possession 244 Case 116: The Father's Knowledge 246 Case 117: Acquiring a Debt 248 Section 2 ...
... Acquiring for the Pater Familias Case 113: Owning and Possessing Nothing 240 Case 114: Through Whom Do We Acquire? 241 Case 115: Ownership and Possession 244 Case 116: The Father's Knowledge 246 Case 117: Acquiring a Debt 248 Section 2 ...
Strana xviii
... Acquired for a Wife 394 Case 203: Legacy of a Usufruct 397 Case 204: Legacy of a Peculium 400 Case 205: Release from Liability 402 Section 2. Fideicommissa Case 206: Inheritance by Another Name? 404 Case 207: Fideicommissum or Not? 406 ...
... Acquired for a Wife 394 Case 203: Legacy of a Usufruct 397 Case 204: Legacy of a Peculium 400 Case 205: Release from Liability 402 Section 2. Fideicommissa Case 206: Inheritance by Another Name? 404 Case 207: Fideicommissum or Not? 406 ...
Strana 21
... acquired through a slave is acquired for the owner. ... (55) Likewise in our power (in potestate nostra) are our children whom we have sired in a legitimate marriage. This right (called patria potestas) is unique to Roman citizens, for ...
... acquired through a slave is acquired for the owner. ... (55) Likewise in our power (in potestate nostra) are our children whom we have sired in a legitimate marriage. This right (called patria potestas) is unique to Roman citizens, for ...
Strana 32
... acquired their mother's status and that their father did not have patria potestas over them; that is, the children were treated, to some extent, like bastards for purposes of Roman law (although the word “bastard” carries moral baggage ...
... acquired their mother's status and that their father did not have patria potestas over them; that is, the children were treated, to some extent, like bastards for purposes of Roman law (although the word “bastard” carries moral baggage ...
Obsah
3 | |
11 | |
25 | |
Chapter III Patria Potestas | 189 |
Chapter IV Succession | 321 |
Chapter V Tutelage and the Status of Children and Women | 423 |
Biographies of the Major Roman Jurists | 471 |
Glossary of Technical Terms | 479 |
Suggested Further Reading | 489 |
Bibliography on the Roman Family | 491 |
Index of Sources | 495 |
Časté výrazy a frázy
acquired action actually adoption adultery allowed authorization becomes benefit causa child claim classical contract daughter death Discussion dowry Edict edictum effect emancipated Emperor example expenses father Gaius gift give given granted heir held hold household husband inheritance instance Institutes intent interest issue jurists kill least legacy liability libro limited male manus marriage marry matter means mother Papinian parents pater familias patris Paul peculium person Pomponius potestate praetor problem quae question quod reason receive refers relatives result Roman law rule Sabinus says Scaevola seems situation slave social someone son-in-power sources status suggest third party tion tutor Ulpian Ulpianus libro usually valid wife wife’s wishes woman women writings