Potestas & familia - Law of Persons

What connection did Gaius see between the topics of liberty, citizenship and family?

• Needed all three to be a Roman citizen and have legal status

• Lose citizenship and you lose everything else/ lose liberty – lose wife

How was the Roman law of persons was based on legal status?

•    Penality and actions/remedies available all depending on status in society also, status as a citizen, family, liberty

•   In roman law of persons there aren’t many rights, more types of people and the legal implications of that.

What is the concept of the Roman familia?

•   Headed by the paterfamilias (sui iuris, i.e. legally independent)

•    All members of the family traced through the male line were under potestas of the pater (His power)

•    Slaves were included in the classification of familia

 

How was the patriarchal nature of Roman society mirrored in the functioning of the Roman familia?

• Paterfamilias was always the oldest male in the family (Agnatic line)

• Once he died his oldest male descendants became their own paterfamilias

• A women was always under the power of a pater or had a guardian when her father died

• With marriage a women would join the family of the husband or stay in her own

How did Roman law adapt to cope with the problems surrounding the fact grown children could remain under the patriapotestas of the paterfamilias?

Augustinian reforms

• Sons in power getting land and property for their national service (military)

• Peculiums

Constantinian Reforms

• Earnings acquired in state service could be owned by sons. (Peculium castrense).

• Inheritance from mother was not owned by the paterfamilias. He could get some but not the basis all like assets lie property. (Peculium adventium)

• Roman law allowed significant proprietary interests to children-in-power

How comparable was the position of children in power to that of slaves?

• Unlike slaves children could be sued as citizens

• Emancipation is different for children and slaves, for one it’s a reward (can receive money from being freed or an institution they took care of on behalf) but children are cut off and receive no money.

• Unlike slaves, Children could still work even while being in power. Ex, Justinian