Legal status Roman Empire




1 legal status

1.1 women in roman law
1.2 slaves , law
1.3 freedmen





legal status

according jurist gaius, essential distinction in roman law of persons human beings either free (liberi) or slaves (servi). legal status of free persons might further defined citizenship. citizens held limited rights (such ius latinum, latin right ), entitled legal protections , privileges not enjoyed lacked citizenship. free people not considered citizens, living within roman world, held status peregrini, non-romans. in 212 ad, means of edict known constitutio antoniniana, emperor caracalla extended citizenship freeborn inhabitants of empire. legal egalitarianism have required far-reaching revision of existing laws had distinguished between citizens , non-citizens.


women in roman law

freeborn roman women considered citizens throughout republic , empire, did not vote, hold political office, or serve in military. mother s citizen status determined of children, indicated phrase ex duobus civibus romanis natos ( children born of 2 roman citizens ). roman woman kept own family name (nomen) life. children took father s name, in imperial period made mother s name part of theirs, or used instead.










the archaic form of manus marriage in woman had been subject husband s authority largely abandoned imperial era, , married woman retained ownership of property brought marriage. technically remained under father s legal authority, though moved husband s home, when father died became legally emancipated. arrangement 1 of factors in degree of independence roman women enjoyed relative of many other ancient cultures , modern period: although had answer father in legal matters, free of direct scrutiny in daily life, , husband had no legal power on her. although point of pride one-man woman (univira) had married once, there little stigma attached divorce, nor speedy remarriage after loss of husband through death or divorce.


girls had equal inheritance rights boys if father died without leaving will. roman mother s right own property , dispose of saw fit, including setting terms of own will, gave enormous influence on sons when adults.


as part of augustan programme restore traditional morality , social order, moral legislation attempted regulate conduct of men , women means of promoting family values . adultery, had been private family matter under republic, criminalized, , defined broadly illicit sex act (stuprum) occurred between male citizen , married woman, or between married woman , man other husband. childbearing encouraged state: woman had given birth 3 children granted symbolic honours , greater legal freedom (the ius trium liberorum).


because of legal status citizens , degree become emancipated, women own property, enter contracts, , engage in business, including shipping, manufacturing, , lending money. inscriptions throughout empire honour women benefactors in funding public works, indication acquire , dispose of considerable fortunes; instance, arch of sergii funded salvia postuma, female member of family honoured, , largest building in forum @ pompeii funded eumachia, priestess of venus.


slaves , law

at time of augustus, many 35% of people in italy slaves, making rome 1 of 5 historical slave societies in slaves constituted @ least fifth of population , played major role in economy. slavery complex institution supported traditional roman social structures contributing economic utility. in urban settings, slaves might professionals such teachers, physicians, chefs, , accountants, in addition majority of slaves provided trained or unskilled labour in households or workplaces. agriculture , industry, such milling , mining, relied on exploitation of slaves. outside italy, slaves made on average estimated 10 20% of population, sparse in roman egypt more concentrated in greek areas. expanding roman ownership of arable land , industries have affected preexisting practices of slavery in provinces. although institution of slavery has been regarded waning in 3rd , 4th centuries, remained integral part of roman society until 5th century. slavery ceased gradually in 6th , 7th centuries along decline of urban centres in west , disintegration of complex imperial economy had created demand it.



slave holding writing tablets master (relief 4th-century sarcophagus)


laws pertaining slavery extremely intricate . under roman law, slaves considered property , had no legal personhood. subjected forms of corporal punishment not exercised on citizens, sexual exploitation, torture, , summary execution. slave not matter of law raped, since rape committed against people free; slave s rapist had prosecuted owner property damage under aquilian law. slaves had no right form of legal marriage called conubium, unions recognized, , if both freed marry. following servile wars of republic, legislation under augustus , successors shows driving concern controlling threat of rebellions through limiting size of work groups, , hunting down fugitive slaves.


technically, slave not own property, slave conducted business might given access individual account or fund (peculium) use if own. terms of account varied depending on degree of trust , co-operation between owner , slave: slave aptitude business given considerable leeway generate profit, , might allowed bequeath peculium managed other slaves of household. within household or workplace, hierarchy of slaves might exist, 1 slave in effect acting master of other slaves.


over time slaves gained increased legal protection, including right file complaints against masters. bill of sale might contain clause stipulating slave not employed prostitution, prostitutes in ancient rome slaves. burgeoning trade in eunuch slaves in late 1st century ad prompted legislation prohibited castration of slave against lust or gain.


roman slavery not based on race. slaves drawn on europe , mediterranean, including gaul, hispania, germany, britannia, balkans, greece... slaves in italy indigenous italians, minority of foreigners (including both slaves , freedmen) born outside of italy estimated @ 5% of total in capital @ peak, number largest. outside of europe predominantly of greek descent, while jewish ones never assimilated roman society, remaining identifiable minority. these slaves (especially foreigners) had higher mortality rates , lower birth rates natives, , subjected mass expulsions. average recorded age @ death slaves of city of rome extraordinarily low: seventeen , half years (17.2 males; 17.9 females).


during period of republican expansionism when slavery had become pervasive, war captives main source of slaves. range of ethnicities among slaves extent reflected of armies rome defeated in war, , conquest of greece brought number of highly skilled , educated slaves rome. slaves traded in markets, , sold pirates. infant abandonment , self-enslavement among poor other sources. vernae, contrast, homegrown slaves born female slaves within urban household or on country estate or farm. although had no special legal status, owner mistreated or failed care vernae faced social disapproval, considered part of familia, family household, , in cases might children of free males in family.


talented slaves knack business might accumulate large enough peculium justify freedom, or manumitted services rendered. manumission had become frequent enough in 2 bc law (lex fufia caninia) limited number of slaves owner allowed free in will.


freedmen

cinerary urn freedman tiberius claudius chryseros , 2 women, wife , daughter


rome differed greek city-states in allowing freed slaves become citizens. after manumission, slave had belonged roman citizen enjoyed not passive freedom ownership, active political freedom (libertas), including right vote. slave had acquired libertas libertus ( freed person, feminine liberta) in relation former master, became patron (patronus): 2 parties continued have customary , legal obligations each other. social class generally, freed slaves libertini, though later writers used terms libertus , libertinus interchangeably.


a libertinus not entitled hold public office or highest state priesthoods, play priestly role in cult of emperor. not marry woman family of senatorial rank, nor achieve legitimate senatorial rank himself, during empire, freedmen held key positions in government bureaucracy, so hadrian limited participation law. future children of freedman born free, full rights of citizenship.


the rise of successful freedmen—through either political influence in imperial service, or wealth—is characteristic of imperial society. prosperity of high-achieving group of freedmen attested inscriptions throughout empire, , ownership of of lavish houses @ pompeii, such house of vettii. excesses of nouveau riche freedmen satirized in character of trimalchio in satyricon petronius, wrote in time of nero. such individuals, while exceptional, indicative of upward social mobility possible in empire.





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