Naslov
Polygamy among soldiers in the shadow of monogamy in Roman Law
((Wo)Men in Legal History)

Autori
Karlović, Tomislav ; Milotić, Ivan

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
(Wo)Men in Legal History

Urednik/ci
Vandenbogaerde, Sebastiaan ; Debaenst, Bruno ; Lellouche, Iris ; Duffuler-Vialle, Hélène ; Dhalluin, Sébastien

Izdavač
Centre d'Histoire Judiciaire, Université de Lille

Grad
Lille

Godina
2016

Raspon stranica
137-157

ISBN
2-910114-33-3

Ključne riječi
Roman law ; polygamy ; monogamy ; soldiers ; de facto unions ; marriage

Sažetak
IVS TRIBVI C(O)NVBI DVMTAXAT CVM SING(VLIS) ET PRIMIS VXORIB(VS) – “I granted right of intermarriage with one wife and first one only…”. By using this phrase, which in several variations forms the most important part of Roman military diplomas, Roman Emperors recognized the extramarital relations of Roman soldiers as valid marriages under Roman law. In the first two centuries AD the soldiers were prohibited to enter legitimate Roman marriage during their army service. Though, the sources show they were tolerated to live in specific life unions which would be legally recognized at soldier’s honorable discharge. The apparent problem, highlighted by the quoted formula, was that soldiers could have more relationships and families, especially since they were recruited at the very young age and were permanently in service between 16 and 25 years. Stating that ius connubii was granted “with one wife and first one only” the diplomas reveal, argumento ex contrario, the contrast between Roman legal order and social realities of the Principate and early Empire. On one side, the law preserved in “the Books”, Justinian’s Digesta and Codex, as we shall make a closer inquiry into them in the next chapter, proclaimed the overarching principle of monogamy, while on the other side epigraphic sources provide evidence of multiple relationships of soldiers. The issue is whether these could be understood in terms of polygynous practices. Did the soldiers form parallel life unions, did they have several wives at the same time, or were these successive unions only? Furthermore, as suggested by the term “uxor” which refers to a legitimate wife, the supposition is that the diplomas referred to marriages contracted under peregrine (tribal) laws. Nevertheless, certain number of soldiers surely lived in factual cohabitations, i.e. in common law marriages. A further question on the legal nature of recognized relationships arises – what was their status and which of them were awarded with ius connubii? In the light of emperors’ efforts to set clear instructions according to which general rules on monogamy were extended to the returning and new members of the Roman society (veterans and their spouses), it is the aim of the paper to investigate the legal background from which the regulation emerged. As indicated by the aforementioned questions, after the general examination of monogamy in Roman law, the focus in later chapters is put on the analysis of epigraphic sources and how they reflect the issues of polygamy and polygyny.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA