Ancient Rome and Modern America; A Comparative Study of Morals and Manners — John Shaqi
Ancient Rome and Modern America; A Comparative Study of Morals and MannersFerrero, Guglielmo
History
Ancient Rome and Modern America; A Comparative Study of Morals and Manners
Ferrero, Guglielmo
America -- Civilization; Europe -- Civilization; Justice, Administration of -- Rome; Progress
In conclusion, another advantage which the ancient marriage, with all
its many hardships and its want of sympathy, assured to the woman was
what one might call the legal protection of virtue. Nowhere was this
protection greater and stronger than in ancient Rome. In Rome, the
legitimacy of a marriage did not depend, as it does now in Europe and
America, on the fulfilment of certain formalities before a priest or
a magistrate, but on the moral situation of the woman. An _ingenua
et honesta_ woman, to use the expression then current, meaning a
free-born woman of irreproachable habits, could live with a man only in
the capacity of his legitimate wife. No formality in the presence of
any magistrate was required. The fact of living with a man and being
_ingenua et honesta_ sufficed to assure to a woman and her own children
all the rights appertaining to a wife and to legitimate offspring. On
the other hand, a woman who had lived a dissolute life, had engaged
in certain employments considered, and justly considered, disgraceful
for a woman, or who had been convicted of adultery, could never become
a legitimate wife or enjoy the privileges and rights of a legitimate
wife. There was no ceremony before a priest or magistrate which could
make a legitimate wife of her. She was by law a _concubina_, and in
that capacity for a long time had no rights. Only in the course of
time could she hope to get the rights, much restricted and of little
importance as they were, which the law gradually conceded to the
_concubina_.
To transport this ancient conception of matrimony into modern society
would doubtless not be possible, because it contradicts the great
democratic principle of the equality of all before the law, on which
our social organisation rests. But considered by itself this ancient
conception of matrimony is without a doubt more lofty and more noble,
and in particular more favourable to the woman, than the modern
one. For it did not reduce the status of legitimate wife to what is
practically a formality, but made it the exclusive privilege of the
virtuous woman, and therefore assured the virtuous woman of a kind
of privileged legal position, protecting her effectively against the
intrigues and seductions of the attractive and gay women who, in
the modern régime, are usually the more dangerous to the peace and
happiness of the virtuous women, the less austere are their habits.
In ancient Rome, the law guaranteed the virtuous woman that at least
no one of these women should be able to rob her of the post of honour
which she occupied in the family.
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