The iustae nuptiae were the archetypal Roman marriage, but not the only with juridical relevance: the Romans considered to some extents 'marriage' also those unions which respected neither ius civile nor the leges, and even concubinate had a juridical structure. The difference between these two institutions was that only the first implied a condivision of dignitas by the couple, while both were opposed to other relationships for being stable unions. The commonly held distinction between legal and social/ethical rules and its application to ancient cultures shows in this matter all its limits.
Fiori, R. (2011). La struttura del matrimonio romano. BULLETTINO DELL'ISTITUTO DI DIRITTO ROMANO VITTORIO SCIALOJA, 105, 197-234.
La struttura del matrimonio romano
Fiori, R
2011-01-01
Abstract
The iustae nuptiae were the archetypal Roman marriage, but not the only with juridical relevance: the Romans considered to some extents 'marriage' also those unions which respected neither ius civile nor the leges, and even concubinate had a juridical structure. The difference between these two institutions was that only the first implied a condivision of dignitas by the couple, while both were opposed to other relationships for being stable unions. The commonly held distinction between legal and social/ethical rules and its application to ancient cultures shows in this matter all its limits.File | Dimensione | Formato | |
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