Roman Family Law: Marriage, Divorce, and Power Structures

What are the two types of Roman marriage?

Marriage with manus (where the wife becomes part of the husband's familia) and marriage without manus (where the wife remains independent).

What is 'usus' in the context of Roman marriage?

Usus is a form of marriage with manus where a woman passes into her husband's familia after living with him for an uninterrupted year.

What legal provision allowed a woman to avoid passing into manus by usus?

A woman could avoid passing into manus by being absent from her husband for three nights each year.

What is 'sponsalia' in Roman marriage?

Sponsalia refers to the betrothal arrangement between the families of the bride and groom.

What is the minimum age for children to be involved in a betrothal in Roman society?

Children must be at least 7 years old.

What does 'affectio maritalis' refer to?

Affectio maritalis refers to the intention to marry.

What is a dowry (dos) in the context of Roman marriage?

A dowry is a financial gift from the bride's family to the groom, which becomes a significant issue in divorce.

What happens to a woman's property in a marriage with manus?

In a marriage with manus, the husband owns the wife's property.

What are the age requirements for marriage in Roman society?

The age of puberty is 12 for females and 14 for males.

What is 'conubium' in Roman marriage?

Conubium is the legal capacity to marry, which must be present for a marriage to be considered valid.

What restrictions did Augustus place on marriage?

Augustus prohibited senators and their families from marrying freedwomen, prostitutes, pimps, or actors.

What is the legal status of children born from concubinage?

Children born from concubinage are considered illegitimate.

What was the purpose of the lex Iulia de maritandis ordinibus?

The lex Iulia de maritandis ordinibus aimed to encourage marriage among the upper classes.

What did the lex Papia Poppaea (AD 9) aim to achieve?

The lex Papia Poppaea aimed to promote marriage and childbearing among citizens.

How did childlessness affect social status in Roman society according to Seneca the Younger?

Seneca noted that childlessness could confer more influence and power, leading some to feign hatred for their children.

What was the legal consequence of adultery for a Roman wife?

Adultery by a wife was a criminal offense, resulting in loss of citizenship, exile, and loss of property.

What is the significance of the phrase 'the best reputation for a woman is not to have one'?

This phrase suggests that a woman's reputation could be detrimental, particularly in the context of adultery.

What does the term 'stuprum/adulterium' refer to?

Stuprum/adulterium refers to illicit sexual relations, particularly adultery.

What was the punishment for an adulterer according to Roman law?

Punishments for adultery included loss of citizenship, exile, and loss of property.

What does the term 'dignitas' signify in the context of marriage?

Dignitas refers to the rank or status that differentiates a wife from a concubina.

What was the role of the Twelve Tables in Roman marriage law?

The Twelve Tables provided legal guidelines regarding marriage, including the conditions for manus.

What is the significance of the Aldobrandini Wedding fresco?

The Aldobrandini Wedding fresco is an important artistic representation of Roman marriage customs.

What does the term 'matrimonium iustum' mean?

Matrimonium iustum refers to a valid marriage that meets all legal requirements.

What must a husband do if he wishes to divorce his wife under Roman law?

He must divorce her (or face charges of lenocinium) and prosecute her within 60 days.

What rights does a husband have regarding his wife's lover in the case of adultery?

The husband can kill the lover of inferior status if caught in his house, but not his wife.

What is the significance of the lex Iulia de adulteriis?

It outlines the penalties for adultery, including that the wife's lover suffers similar penalties depending on his status.

What is required for a divorce to be considered true under Roman law?

There must be an intention to remain apart permanently; actions taken in the heat of the moment are not effective until shown by persistence.

Who was Spurius Carvilius Maximus Ruga?

He was the first Roman to divorce his wife in 231 BC due to a lack of children.

What are the two ways a woman can initiate a divorce in Roman law?

By mutual consent (divortium) or unilaterally (repudium).

What does the term 'paterfamilias' refer to in Roman law?

It refers to the male head of a household who holds legal power over family members.

What does 'patria potestas' mean?

It refers to the power of the paterfamilias over his children and family members.

What is the concept of 'peculium' in Roman family law?

It refers to the property that a family member, under the authority of the paterfamilias, can manage independently.

What does 'emancipation' mean in the context of Roman law?

It is the process by which a child is released from the authority of the paterfamilias.

What societal attitudes towards divorce does Seneca the Younger describe?

He notes that divorce has become common and that shame associated with it has diminished.

What does Cicero's letter to Caelius Rufus reveal about divorce practices in Rome?

It describes a case where Paula Valeria divorced her husband without reason to marry another man, indicating a casual attitude towards divorce.

What is the time frame for prosecution of adultery under Roman law?

Prosecution can be led by the paterfamilias or anyone else within 6 months.

What is the significance of the Digest 24.2.3, Paul regarding divorce?

It emphasizes the necessity of a permanent intention to separate for a divorce to be valid.

How does the power of the paterfamilias change over time according to the notes?

The power of the paterfamilias is suggested to have softened, allowing for more autonomy through concepts like peculium.

What does 'ius vitae necisque' refer to?

It refers to the legal right of the paterfamilias over life and death concerning family members.

What does the term 'senatus consultum Macedonianum' relate to?

It relates to legal decisions made by the Senate regarding family law, particularly in the late 1st century AD.

What does the phrase 'those in potestate' mean?

It refers to individuals who are under the authority of the paterfamilias and cannot own property independently.

How does Tacitus describe the frequency of divorce in Roman society?

He notes that divorce is so common that it is mentioned in every public gazette, indicating a shift in social norms.

What does the term 'divortium' mean?

It refers to divorce by mutual consent.

What does 'repudium' mean in Roman divorce law?

It refers to unilateral divorce initiated by one party.

What is the significance of the sarcophagus relief of M. Cornelius Statius?

It represents the life cycle of a boy in Roman society and reflects cultural values.

What does Aulus Gellius' reference to peculium indicate?

It indicates that peculium is considered private property, not public, under the authority of the paterfamilias.

What happens to individuals under the power of a paterfamilias when he dies?

They begin to have separate households (familiae) of their own and become sui iuris.

What is emancipation in the context of Roman law?

It is the act of releasing a child from patria potestas, allowing them to become sui iuris.

What does the XII Tables 4.2 state about a son sold by his father?

If a father thrice sells a son, the son is to be free from the father.

What is the peculium in Roman law?

It refers to private property that is not public, often associated with the financial independence of individuals.

What demographic reality affects the chances of becoming sui iuris by age 20?

By the age of 20, there is a greater than 50% chance of being sui iuris.

What are the roles of tutores and curatores in Roman law?

Tutores are appointed for boys under 14 years and all females, while curatores are for males aged 14-25 and for adults who are furiosi, prodigals, or deaf & dumb.

What does the Epitome of Ulpian 11.1 state about tutores for males and females?

Tutores are appointed for males below puberty due to age infirmity and for females of any age due to gender infirmity and ignorance in business.

In what legal matters do women require the authority of their guardian according to Epitome of Ulpian 11.27?

Women need guardian authority for legal cases, financial obligations, civil business transactions, and certain ownership matters.

What does Gaius Inst. 1.142-5 say about guardianship for children?

Parents can appoint tutores by will for their children; males below puberty and females of any age, even if married.

What happens to a male's tutor when he reaches puberty according to Gaius Inst. 1.142-5?

The son ceases to have a tutor upon reaching puberty, but the daughter remains in guardianship.

What law removed the tutela over women by agnates?

The lex Claudia, passed during the reign of Emperor Claudius.

What is the general principle regarding tutela for individuals below the age of puberty?

It is common law that individuals below puberty should be under tutela due to their age.

What does Gaius Inst. 1.189-91 suggest about women of full age being in tutela?

There is no valid reason for women of full age to be in tutela, as they can conduct their own business affairs.

What is the significance of the lex Iulia et Papia Poppaea regarding women's guardianship?

It provides rights that can free women from guardianship based on their status as mothers.

What is the role of the nearest agnate upon the death of a paterfamilias?

The nearest agnate has the duty to provide for the children if the father does not make provisions in his will.

What are the conditions under which a woman remains in guardianship after puberty?

A woman remains in guardianship regardless of age unless freed by specific laws related to motherhood.

What does the term 'sui iuris' mean in Roman law?

It refers to individuals who are legally independent and not under the power of a paterfamilias.

What is the implication of the phrase 'animi levitas' regarding women's guardianship?

It suggests that women are considered to have a lightness of mind, justifying their need for guardianship.

What is the relationship between emancipation and demographic realities in Roman society?

Emancipation reflects the changing demographic realities and the increasing likelihood of individuals becoming sui iuris.

What is the significance of the phrase 'private, not public' in relation to peculium?

It emphasizes that peculium is personal property, distinct from public assets.

How does the Roman legal system view the guardianship of minors and women?

It mandates guardianship for minors due to age and for women due to perceived incapacity in business matters.

What does the phrase 'death of paterfamilias' signify in terms of family structure?

It marks a transition where children become sui iuris and establish their own households.