Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
Although law is in a sense an outline of life, it would be very
misleading to fill up the content of Roman private life by analogy with
this harsh outline. Like most of the theory of Roman law it had little
correspondence with the facts; and this non-correspondence of fact and
theory is the source of the strength and the beauty of Roman family life.
If legal obligations do not exist between husband and wife, father and
child, their place, in a civilised community, must be taken by moral
obligations; and the very absence of legal sanctions will make these
moral bonds peculiarly strong. It was so with the Roman family. It was an
isolated, self-existent unit. The members clung closely to one another
and to their head. The power of the father—the source of the unity of the
household—fostered the devotion to the hearth, the love of home, which
is such a distinctive attribute of the Roman. It created the belief that
the members of the household, owing allegiance to a common chief, should
act loyally by one another in all the relations of life, and loyalty
to a living head begat loyalty to his predecessors; traditions of this
union as persisting under the rule of a long line of deceased ancestors,
account for the hereditary policy of Roman houses—the championship of
principles advocated for centuries by such clans as the Valerii, the
Porcii, and the Claudii.
The moral influence on the _pater_ was also great. He defends, not
his own selfish rights, but the rights of a corporation dependent on
him; “self-help” is the essence of the principles of early Roman law.
In private matters the authority of the state is weak, that of the
individual strong. The rule of the Roman father was the benevolent
despotism that embraces many within the sphere of its despotic interests,
that forces others to observe its rights because its interests are
_not_ personal, that produces a deep sense of moral and religious
responsibility towards the weak, a stern unyielding attitude towards the
man who would infringe upon their rights. The only “individual” known to
Roman law is the _paterfamilias_, but his was a glorified individuality,
which, through its rule over the family, gathered strength to rule the
world.
Public-domain text, read in full here on John Shaqi.
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