By Jane F. Gardner

Jane Gardner's research of Roman legislations is particularly aimed at an viewers of Roman historians. in addition to criminal texts and literary assets, Gardner uses epigraphic fabric, together with contemporary unearths from Popleii which show the felony procedure in motion within the advertisement lifetime of Puteoli.

Gardner additional notes the most obvious disparity of criminal rights and tasks between voters of the empire: girls, ex-slaves, adults with residing fathers, convicted criminals, play-actors--even the blind, deaf, dumb and the mentally ailing. Gardner examines intimately every one group's specific criminal disabilities in addition to the impression those regulations had on their day-by-day life. She additionally considers how those felony iniquities concerning the distinctively Roman establishment of patria potestas, and to the duty of direct participation which used to be a criminal requirement for many transactions.

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2); this too was a matter of pietas. Freedwomen, though, or their husbands, found a loophole. 73 Therefore if you perform an outrage against my daughter, married to Titius, not only can there be an action against you in her name, but in mine too, and in that of Titius… 46 BIRTH: THE FREEDMAN’S CONDITION —or, indeed, of Titius’ father too, if he was in power; as Ulpian, in the persona of the pater, remarks (D. ’ So, a freedwoman’s husband could apparently sue her patron, who was not his patron; Marcellus, a jurist of the generation before Ulpian, had conceded this point (D.

62 These implicitly attach higher status to free birth, but the grounds for the bans are not necessarily either racial (a motive suggested by Suetonius, Aug. 40) or philosophical, such as a belief in a ‘slave mentality’, servile ingenium. The marriage restrictions are more plausibly to be seen as connected with the degree to which the individual is integrated into society via the networks of familial connections. A freed person is connected only to one familia (that of his patron) and that not directly by blood, while a freeborn person normally is directly connected to two, through parents.

These owners did not want to be selective. 65 Childless testators meant unattached freedmen, since there were no liberi patroni, patron’s children, to inherit the patronal rights. Such freedmen had no bond of loyalty and pietas to any members of any existing familiae, and were unaffected by the social and legal distinctions between freed slave and patron/patron’s child, since there was no one who bore that relationship to them. The law would serve to control their numbers. It would also have the important, though, I think, secondary effect—more important where testators had family to succeed them—of placing some element of restraint on the depletion of large estates by numerous manumissions.

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