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Casebook on Roman Family Law

ISBN-10: 0195161866
ISBN-13: 9780195161861
Edition: 2003
List price: $61.00 Buy it from $39.08
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Description: 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  More...

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Book details

List price: $61.00
Copyright year: 2003
Publisher: Oxford University Press, Incorporated
Publication date: 11/6/2003
Binding: Paperback
Pages: 528
Size: 6.00" wide x 9.00" long x 1.50" tall
Weight: 1.958

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.

Preface
Major Jurists Cited in This Casebook
A Casebook on Roman Family Law
Introduction to Roman Family Law
Basic Concepts
Marriage
Getting Married
Capacity to Marry
Agreement and Marital Affection
Ceremony?
Further Aspects of the Marriage Process
Betrothal
Dowry
The Marital Regime
Manus Marriage
Relations Between Spouses
Procreation and Sexual Fidelity
The Property of the Spouses
Administering the Dowry
The End of Marriage
Captivity, Deportation, and Divorce
Return of the Dowry
Patria Potestas
Powers
The Power of Life and Death
Consent to Marriage
Custody and Maintenance
Property and Obligations
Acquiring for the Pater Familias
Obligating the Pater Familias
The Peculium
Liability for Wrongful Acts
Creation and Termination
Birth
Adrogation and Adoption
Emancipation
Succession
Intestate Succession
Civil and Praetorian Law
The Senatusconsulta Tertullianum Et Orphitianum
Heirs and the Will
Freedom of Testation and Substitution
The Sui Heredes
Bonorum Possessio Against the Terms of a Will
The Undutiful Will
Bequests to Nonheirs
Legacies
Fideicommissa
Gifts Mortis Causa
Appendix: A Specimen Roman Will
Notes
Tutelage and the Status of Children and Women
Children, Young Adults, Lunatics, and Spendthrifts
The Tutelage of Children
Curatorship of Young Adults
Curatorship of Lunatics and Prodigals
The Status of Women
The Permanent Tutelage of Women
Women's Public Position
Appendix: Biographies of the Major Roman Jurists
Glossary of Technical Terms
Suggested Further Reading
Bibliography on the Roman Family
Index of Sources

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