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
The social and political effects of such a dangerous liberty as the
right of arbitrary testamentary disposition depend upon its use, and
its use depends on the character of the people. The Roman character
was, at all periods of history, devoted to the hereditary theory. It is
one that was so strongly believed in that it asserted itself in spheres
where it was never contemplated—during the later Republic in succession
to office, in the early Empire in the succession to the Principate—and
as applied to property it was an essential condition of the permanence
of the Roman family. For the maintenance of a house a rigid system of
intestate inheritance is bad; it may not produce great wealth, but it
often produces great poverty. The only satisfactory system is a minute
examination of each particular case by the state or by individuals.
Such a control by the state was utterly alien to the _laisser faire_
principles of the Roman, and history shows that the Decemvirs were right
when they entrusted this discretionary power wholly to the _pater_. His
functions as trustee were but extended to a period beyond his lifetime,
and freedom of bequest was used as a means of equitable adjustment of
property to the circumstances of the members of the family. The son who
had made a rich marriage need not receive so much; the one destined to
carry on the family traditions of office might receive more than the
others. To him the _heredium_ might be given, while the younger sons
were drafted into colonies. We do not know the principles; but that the
principles tended to the preservation of the family is proved by the long
traditions of the noble Roman houses.
A legal view of the Roman family would be incomplete without
consideration of the rights or infringement of rights dependent on it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account