Family and Familia in Roman Law and Life
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 May 1998
- ISBN 9780198152170
- Binding Hardback
- No. of pages316 pages
- Size 228x144x23 mm
- Weight 560 g
- Language English 0
Categories
Short description:
Jane F. Gardner describes how Roman law was based on the familia, a legal unit consisting of a male head and his legitimate descendants in the male line. Real Roman families, however, often did not fit this pattern. How did they exploit the rules to suit their own purposes, and how, under the influences of various social and demographic factors, were the rules themselves changed?
MoreLong description:
Roman families were infinitely diverse, but the basis of Roman civil law was the familia, a strictly-defined group consisting of a head, paterfamilias, and his descendants in the male line. Recent work on the Roman family mainly ignores the familia, in favour of examining such matters as emotional relationships within families, the practical effects of control by a paterfamilias, and demographic factors producing families which did not fit the familia-pattern. This book investigates the interrelationship between family and familia, especially how families exploited the legal rules for their own ends, and disrupted the familia, by use of emancipation (release from patria potestas) and adoption. It also traces legal responses to the effects of demographic factors, which gave increased importance to maternal connections, and to social, such as the difficulties for ex-slaves in conforming to the familia-pattern.
The familia as a legal institution remained virtually unchanged; nevertheless Roman family law underwent substantial changes, to meet the needs and desires of Roman society.
Gardner rescues Roman law from a narrow focus on legal rules and artificial compartmentalizing ... Her meticulous study shows how important an understanding of technical detail continues to be but it also shows how rewarding is the contextualization of such detail in Roman social attitudes and behaviour.