Seminar 3-4 Flashcards
(30 cards)
What was the role of the paterfamilias in Roman society?
The paterfamilias was the eldest male family member who exercised potestas (‘power’) over his descendants. He was always sui iuris, meaning legally independent, and had significant control over family members, including rights over property, life and death, and marriage.
What is the meaning of potestas in Roman law?
Potestas refers to the legal power or authority that a paterfamilias had over all members of his family, including children, even if they were adults or held important public offices.
What were the rights of the paterfamilias under potestas?
The paterfamilias had the right to ‘expose’ newborns, control life and death decisions (ius vitae ac necis), sell or surrender children into slavery, and make decisions about marriage and divorce for family members.
What was exposure in Roman law?
Exposure was the right of a paterfamilias to abandon a newborn child, often in the wilderness, which could result in the child’s death from exposure to the elements, animals, or lack of care.
What happened to Roman children when a paterfamilias died?
When a paterfamilias died, his sons would become sui iuris, meaning they were now legally independent and could become paterfamilias in their own right, gaining control over their own descendants.
What was the punishment for parricide in Roman society?
Parricide, or the killing of one’s father, was punished severely by being sealed in a watertight sack with a rooster, a snake, a dog, and a monkey, and then thrown into the Tiber River.
What was the peculium in Roman family law?
Peculium was property that a son-in-power (filiusfamilias) or a slave could manage as their own, even though legally it belonged to the paterfamilias. Augustus granted soldiers full rights over property they acquired during military service, known as peculium castrense.
How could a child-in-power make contracts in Roman law?
A child-in-power could make contracts after reaching puberty, but the contract was not enforceable until they became sui iuris. Any benefits from the contract went to the paterfamilias.
What was a manus marriage in Roman law?
In a manus marriage, the wife came under the legal authority (manus) of her husband, leaving her family and becoming part of his family. The husband or his paterfamilias controlled her property and decisions.
What was free marriage (sine manu) in Roman society?
Free marriage was a type of marriage in which the wife remained legally independent and did not come under her husband’s authority. She retained control of her own property and legal decisions.
What was the Lex Iulia de adulteriis?
The Lex Iulia de adulteriis was a law introduced by Augustus in 18 BC that made adultery by the wife a criminal offense. It established special courts to prosecute adultery, and a wife convicted of adultery lost half her dowry, one-third of her property, and could be exiled.
What was the dowry (dos) in Roman marriages?
The dowry was a payment made by the wife’s family to the husband upon marriage. It represented her contribution to the household and became the husband’s property, although he was often expected to return it if the marriage ended.
What was tutela mulierum in Roman law?
Tutela mulierum was the guardianship of women who were sui iuris (legally independent). These women required a guardian for certain legal transactions, though over time this system became less important, and women could manage most of their own affairs.
What rights did the paterfamilias have over property in Roman law?
The paterfamilias had complete control over all property in the family. Any property acquired by his children (filii familias) legally belonged to him, but children could manage a peculium, a separate property they could use, though it still belonged to the paterfamilias.
What was the ius vitae ac necis in Roman family law?
The ius vitae ac necis, or the right of life and death, was the power of the paterfamilias to kill any of his children. While this power was rarely used recklessly, it resembled the authority a master had over slaves.
What changes did Constantine make to Roman family law?
Constantine abolished the paterfamilias’ right to kill his children (ius vitae ac necis), prohibited the sale of children into slavery, and introduced laws protecting children’s rights to inherit property, including the creation of the peculium castrense for military earnings.
What was the noxae deditio in Roman law?
Noxae deditio was the practice by which a paterfamilias could surrender a child to a person harmed by the child’s wrongdoing as a form of compensation. The child would serve the injured party until the debt was paid.
What was the peculium castrense?
The peculium castrense was property earned by a child (typically a son) during military service, which legally belonged to the child and not the paterfamilias. This was a special exception that granted children full ownership of their military spoils and earnings.
What was a free marriage (sine manu) and how did it differ from a manus marriage?
In a free marriage (sine manu), the wife remained legally independent and retained control over her property. In a manus marriage, the wife became part of her husband’s family and was under his authority, with her property becoming part of the husband’s estate.
What was the significance of betrothal in Roman marriage?
Betrothal was not legally necessary for marriage in Roman society but was a common custom, especially among the wealthy. It symbolized a formal agreement between families, often made by the fathers of the couple.
What were the conditions for a valid Roman marriage?
For a valid Roman marriage, the couple needed to meet certain criteria: they had to reach the age of puberty (12 for girls, 14 for boys), both parties needed conubium (the legal capacity to marry), and there could be no prohibitions, such as close familial relations or social status restrictions.
How was divorce handled in Roman law?
Divorce in Roman society was a private matter without legal formalities. It occurred when one or both parties expressed a clear desire to end the marriage. If there was no good reason for the divorce, the initiating party could suffer infamia (loss of reputation).
What was the Lex Iulia et Papia and how did it impact marriage?
The Lex Iulia et Papia was a law that encouraged marriage and punished celibacy. It established a conventional age range for men and women to marry and allowed women who had three or more children to gain legal independence from guardianship (ius liberorum).
What role did the praetor play in protecting women’s dowries in Roman law?
The praetor introduced the actio rei uxoriae, which allowed women to reclaim a fair percentage of their dowry in case of divorce. This ensured women’s financial security and prevented husbands from mismanaging or withholding dowries.
