ROMAN LAW

2. ROMAN LAW A. SOURCES 1. Laws and statures enacted by vote of assembly of the people 2. Resolutions of the senate (primarily post-Caesar Augustus) 3. Edicts of Magistrates (praetors or governors) 4. Constitutions of Emperors a. Edicta – what must be done b. Decreta – judicial decisions in lawsuits c. Rescripta – responses to requests or an embassy d. Mandata – instructions issued to officials 5. Replies of jurists when consulted

3. ROMAN LAW B. ROMAN PROVINCIAL GOVERNORS 1. Held Imperium a. Almost unlimited power of life and death over provincials b. Restricted only by laws against extortion and treason 2. Only the holder of imperium could exact the death penalty a. This could not be delegated b. See John 18:31 3. Governors were accountable to the emperor and senate alone 4. Governors heard cases personally wherever they happened to be

4. ROMAN LAW C. Adoption under Roman Law 1. Far more frequent and important in Roman Society 2. Adoption was a removal from previous condition (at any age) a. All debts were cancelled b. New life begun with new family taking on their name c. Full rights of inheritance d. New father… i owned adoptee’s property ii controlled adoptee’s relationships iii assumed responsibility of discipline iv assumed responsibility for adoptee’s support v assumed liability for adoptee’s actions 3. Adoption was a legal act attested to by witnesses

5. Social Morality A. Greco-Roman Culture – a culture of immorality 1. Idolatry fed the low immorality a. Cultic prostitution was a recognized institution b. Dio Chrysostom was the only Gentile author to attack brothels 2. The Greek language has numerous words for sexual relations

6. Social Morality 3. Homosexuality a. Forms of Homosexuality i Sexual manifestation of friendship between two youths ii Sexual manifestation of a mentoring relationship with youth iii Homosexuality between two full adults not accepted b. The practice of sodomy in was greatly frowned upon c. Pederasty vs. Modern Homosexuality iPederastic relationships similar to mentoring; not two adults ii Not as rebellious o Followed social norms o Done without knowledge/revelation otherwise

7. Social Morality B. Family in Greco-Roman Culture 1. Bonded by common religious practice and economic interdependence 2. Might include uncles, aunts, cousins, slaves, clients, and friends (see http://en.wikipedia.org/wiki/Pater_familias)

8. Social Morality C. Marriage in Greco Roman Culture 1. Consent to live together constituted marriage in all societies and the procreation of children was its explicit object! 2. Marriages were registered in order to make children legitimate. 3. Most marriages were monogamous a. Prostitution and adultery were common b. Divorce was often exercised (at least by wealthy) i Greco-Roman – both men and women initiate divorce ii Jewish – only men could initiate divorce iii Dowry was returned to woman (likely deterrent for men) iv Children went with father (likely deterrent for women)

9. Social Morality C. Marriage in Greco Roman Culture 4. Marrying Age a. Girls were married in early teens. b. Greek men married around thirty c. Jewish men were expected to marry at eighteen 5. Betrothal a. Greek i Formal pledge of father with witnesses from both sides ii Dowry legally agreed upon b. Roman i An informal business arrangement with witnesses ii More easily renounced

10. Social Morality C. Marriage in Greco Roman Culture 6. Roman Marriage Cum Manus(primarily under the Republic) a. Subordination to husband b. Officially transferred from her family to his c. Payment of Dowry (daughter’s portion of inheritance) 7. Three Official Forms of Roman Cum ManusMarriage a. Confarreatio– solemn and elaborate religious ceremony b. Coemptio– the sale of a woman to her husband c. Usus– living together uninterruptedly for one year

11. Social Morality C. Marriage in Greco Roman Culture 8. Roman Marriage Sine Manus a. Based on mutual consent b. Woman remained part of her father’s family until the father’s death c. This became the main type of marriage under the empire ADDITIONAL NOTE: At the death of the father, the woman would become sui jurius(self-judging) and thus legally independent. Children born into this type of marriage became part of the father’s family not the mother’s.

12. Social Morality C. Marriage in Greco Roman Culture 9. Marriage Ceremonies a. Couple clasped hands while formulas of marriage were pronounced b. Marriage contract read before witnesses and signed by them c. Juno/Hera, wife of Jupiter/Zeus and goddess of marriage and women, is seen as presiding over the ceremony d. Bride formally taken from mother’s arms e. Conducting the bride in a torchlight procession to the groom’s home f. Groom carried bride over the threshold g. Ceremonies in Art i Greek art focuses on the dramatic (the torchlight procession) ii Roman art focuses on the legal aspects