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CLA219H1 (9)

Textbook Readings for Lecture 3

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Regina Höschele

CLA219: Women inAntiquity Texts 111, 287-288 111. Punishment for adultery. Rome, 2nd cent. BC (Aulus Gellius, Attic Nights 10.23, 2nd cent. AD L) • Right of a husband to kill wife caught committing adultery • Women in Rome and Latium lived an ‘abstemious life’in that they abstained altogether from wine, and that it was the custom for them to kiss their relatives so they could tell by the smell whether they had been drinking • Women have been recorded to drink wine of the second-press -- second-best? • Marcus Cato reports that women were not only judged but also punished by a judge as severely for drinking wines as for committing adultery • Husband equal to censor over wife • She cannot dare to lay a finger on her husband if he commits adultery (sounds about equal :/) The Roman Jurists ‘This woman does not seem to have a just defense’ • Roman jurists were legal specialists who emerged as the makers and interpreters of Roman pri- vate law during it’s classical period (50 BC-AD 250) • The term ‘Roman law’is used to refer to a system of legal norms which evolved from many dif- ferent sources, including statutes (leges) such as the Twelve Tables, edicts of magistrates, decrees of the senate, and pronouncements of the emperor • The most abundant and influential source for Roman law is the body of jurisprudence developed in the writings of the Roman jurists • Jurists consisted an elite of legal professionals whose primary work was construing and refining the law Romans used in bringing in lawsuits (actiones) against each other Legal literature produced by jurists does not constitute ‘the law’in the sense of statute or legisla- • tion • Their writing does not record judgments or opinions delivered in the courts to decide cases • They functioned in an advisory capacity, consulting with those using and administering the legal system Their opini
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