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 44.
Strana xiv
... Parental Consent and Public Policy 221 Case 104: Divorce: The Emperor Pius Intervenes 222 Case 105: A Father Changes His Mind 223 Case 106: Disposition of Gifts 224 Case 107: Breaking Up Is Hard to Do 226 Section 3. Custody and ...
... Parental Consent and Public Policy 221 Case 104: Divorce: The Emperor Pius Intervenes 222 Case 105: A Father Changes His Mind 223 Case 106: Disposition of Gifts 224 Case 107: Breaking Up Is Hard to Do 226 Section 3. Custody and ...
Strana 3
... parents, children, siblings. Plainly the family is of great legal interest because of the decisive role it has historically played in the raising and socialization of children and in the mutual economic support of its members. But ...
... parents, children, siblings. Plainly the family is of great legal interest because of the decisive role it has historically played in the raising and socialization of children and in the mutual economic support of its members. But ...
Strana 4
... parents and children. But the legal sources suggest another, rather darker perspective. The main cast of characters that will move through the Cases in this book is small and easily assembled: • the pater familias, male head of the ...
... parents and children. But the legal sources suggest another, rather darker perspective. The main cast of characters that will move through the Cases in this book is small and easily assembled: • the pater familias, male head of the ...
Strana 5
... parental discipline, there are a hundred or more rulings on dowry. Even though, in recent decades, the theory and practice of modern American family law have been gradually shifting from moral to economic issues, Roman law still remains ...
... parental discipline, there are a hundred or more rulings on dowry. Even though, in recent decades, the theory and practice of modern American family law have been gradually shifting from moral to economic issues, Roman law still remains ...
Strana 9
... parental dominion. However, after carefully surveying the nonlegal sources on this issue, Richard Saller concludes: “[T]he law granting the paterfamilias powers of nearly at limitless coercion over his children is an inadequate guide to ...
... parental dominion. However, after carefully surveying the nonlegal sources on this issue, Richard Saller concludes: “[T]he law granting the paterfamilias powers of nearly at limitless coercion over his children is an inadequate guide to ...
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