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 79.
Strana xv
... 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. Obligating the Pater ...
... 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. Obligating the Pater ...
Strana 5
... pater familias to facilitate the marriage of his children (Cases 32, 103); deterring divorce when it originates, not from a husband or wife, but from the pater familias of one spouse (Case 104); averting exercise of the pater's ultimate ...
... pater familias to facilitate the marriage of his children (Cases 32, 103); deterring divorce when it originates, not from a husband or wife, but from the pater familias of one spouse (Case 104); averting exercise of the pater's ultimate ...
Strana 11
... pater familias continues no matter how old these descendants are, unless the pater himself has released them from his power. Further, the power of the pater familias could be exercised over other free persons, including adopted children ...
... pater familias continues no matter how old these descendants are, unless the pater himself has released them from his power. Further, the power of the pater familias could be exercised over other free persons, including adopted children ...
Strana 18
... are properly described as belonging to the same familia, since they stem from the same home and lineage. (3) We also customarily describe slaves as familiae. We see 18 Basic Concepts Case 4: The Household (Familia) and the Pater Familias.
... are properly described as belonging to the same familia, since they stem from the same home and lineage. (3) We also customarily describe slaves as familiae. We see 18 Basic Concepts Case 4: The Household (Familia) and the Pater Familias.
Strana 19
... pater familias. With some exceptions, these persons are all agnatically related descendants of the pater familias, no matter how old they may be. Thus, in Roman law it is possible (although demographically unlikely) for a familia to ...
... pater familias. With some exceptions, these persons are all agnatically related descendants of the pater familias, no matter how old they may be. Thus, in Roman law it is possible (although demographically unlikely) for a familia 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