What is the status of women in Roman law?

Because women do not have the qualification of independent civil rights and responsibilities (but they have civil rights, starting from * * * and the middle period of China), and there is no specific relevant system in Roman law, the legal provisions on women's status are only about marriage system and civil rights, and women's civil rights are also related to family &; The marriage and love system is bound. From the early days of ancient Rome, under the influence of misogyny in ancient Greece and the arrival of the "Great Conquest" period, the patriarchal family system began to strengthen gender roles and family system.

Due to the formation of the patriarchal family system, strictly speaking, under the Roman law system, women basically have no independent civil sovereignty in the field of public affairs, including the citizens' assembly and voting rights in the commune. Although they claim that there is nominally. So most women's civil rights are based on marriage and family contract.

So the so-called status of women is actually the rights of women in the family in Roman law, including women's independent property rights and so on.

1, Lex Julia stipulated the dowry (dos) system, including ancestral dowry (DOS), foreign dowry (DOS) and approximate dowry (DOS). Patriarchal dowry is the main form of patriarchal family system in early Rome, when there was husband power. After the marriage without husband's right (that is, the division and management of marital property), the main forms are foreign-related dowry (the dowry prepared by the mother) and contract dowry (the property that the man needs to promise to return after the marriage breaks down).

2. The marriage system includes three kinds of marriages with the husband's right: sacrificial marriage (after the Twelve Bronze Tables Act, it is basically just a process, and the woman expresses obedience to the husband's right. ), buying and selling marriage (as can be seen from the name, women are bought in and obey their husbands' power, and their status is low), prescription marriage (also a husband's power marriage, and a woman joins her husband's family, and her status is equivalent to that of a German "daughter" in a patriarchal family. This kind of marriage can be divorced according to the twelve tables method. The system of free marriage began to appear in People's Republic of China (PRC) Law. After the Twelve Bronze Tables Law, it was basically a marriage without husband's power (only a fool would give his property to his husband).

3. Women's basic property rights are dowry and private property rights after marriage, which are theoretically independent. In the unmarried age, property rights belonged to the paternal family. * * * At the end of the Republic of China, because there was no clear law to protect the woman's property rights, the marriage without husband's right just appeared, and the dowry was generally taken by the man alone. By the middle of the empire, the dowry return system of promise and village supervisor began to appear After Justinian, marriage without husband's rights became the mainstream, so the wife is the owner of other rights or rights, so the husband has no right to dispose of the woman's property, and the woman's father is the property guardian. In the property owned by husband and wife (mainly real estate and farmland, shops and ships), the wife has the "pledge", that is, in theory, the man can't dispose of the property of * * alone, while in the especially marriage law, the property of Italy's own legal person (wife) is completely protected by Roman law in theory.

Of course, in Cicero's civil legislation, the man also has relative rights, for example, he can sue the woman for "concealing property", "the reason for divorce is unknown" and "the woman is at fault for divorce", and he can detain part of the dowry as compensation (but not his ex-wife's own property).

4. Women still have certain political power, such as the "Women's Conference" Federation that appeared in the middle of the empire. The public's famous political achievement is to oppose the restriction of Obius law on women in public and the restriction of Giuria law on adultery and remarriage. Defended women's right to marry freely. And forced Augustus to establish a new law to encourage women to give birth, and after entering the civil administrator system, give certain priority to the children of heroic mothers who have many children and many daughters. Of course, this kind of political activity is actually just being used.

5. The Twelve Bronze Watch Law still has certain restrictions on women's sexual rights, and holds that "if women are considered to be misbehaving, they can be supervised by men in paternal families". However, as early as the Law of Julius City, the stipulation that officials interfered with women's sexual ethics in patriarchal families in the early Republic of China was abolished, especially in the past, adultery was supervised by municipal officials and gentry citizens, which was relatively weak in the later period of the empire. Therefore, in the late empire, women's sexual rights were relatively free, especially because of the freedom of property rights. But then Christianity came, which was tragic.

6. Women can participate in public recreational activities. In the early days of the empire, the arena for performing was an excellent place to find beautiful women, and the bath was also an excellent place. In the past, the tribune would interfere with women's travel, but later it will not. Due to the thorough study of gynecology in the medical system led by the ancient Roman doctor Uncle Galen, the contraceptive technology is also very superb. However, due to the weakening of sexual ethics in the late empire, the protection of women's property rights, and the suppression of patriarchal families and marriage systems, some women are quite in the mood of looking for small fresh meat, and most of them are slave actors of German descent (you have so much money). If the social status is high, women often cheat on local officials (well-educated, with social status, although the military reform in Marius was effective at that time, they often had service experience). This theory was in Roman times. Of course, the man must also be in the same situation and practice, which basically became the source of hedonism in late Rome. . . Therefore, a set of jokes in ancient Rome is called Philoglo, and there is a big ticket stalk in it, which is the content that the wife cuckolded her husband. Galen didn't invent paternity test.

7. As the owner class, they can occupy land and allow private land to be bought and sold.