In the early society of ancient Rome, the scope of paternity was very wide, the power was very powerful, and the power of the "father" in the family was like the emperor of the family, with the life and death of family members.
As a result, in ancient Roman society, a patriarchal system with the authority of the "father" as the core was formed, which was the main feature of the patriarchal clan society. So, how did the "father" system evolve in ancient Rome?
I. Clan Society
The "paternity" system predates the formation of the ancient Roman state, and before the establishment of the city-state in ancient Rome, the clan economy was the main economy of ancient Roman society, and the clan became the main main force of ancient Roman society.
At this time, the "father" of the family is equivalent to the patriarch, who has the right to control the members of the family. So for a long time in history, the Romans' clan ties were very strong, and both the clans and tribes were built on the basis of clans.
The "fatherly" system during the monarchy.
(1) The "paternity" right is established in the form of legal provisions
With the development and growth of the clan system, the development of social productive forces, and the continuous development of the agricultural economy dominated by industry and commerce, classes gradually arose in ancient Roman society.
In order to better adapt to the development of its own people, ancient Rome finally established its own city-state. In order to adapt to the development of the economy, ancient Rome set up an ombudsman, conducted a census of ancient Roman citizens, verified their property, and determined their class according to the amount of assets.
Subsequently, in the society of ancient Rome, a fierce struggle between the commoners and the nobility began, which led to a series of major social changes. Therefore, in order to balance the relationship between the commoners and the nobility, ancient Rome promulgated the first written legal code, the Twelve Bronze Tables Law, which established the "patriarchal right of the family" in the form of legal provisions and continued to develop.
During the period of the monarchy, although the clan economy gradually disintegrated, this patriarchal ideology had long penetrated into the legal thinking of the time, and still played a role in the subsequent social development.
(2) The content of "patriarchy"
Patriarchy refers to the control of the father over the family members in the ancient Roman family system, which includes the right to control and control the person and family property of the family member.
This patriarchy is not only the father's right over his children, but the fact that, throughout the family, the father of the Roman family acquires the right of physical dominance over all other family members. The father is the emperor of the family, with supreme status and authority, and the other family members can only obey him unconditionally, other family members include: wives, children, grandchildren, slaves, etc.
Moreover, in ancient Roman law it was clearly stipulated that in a marital relationship with the right of husband, the married woman dissolved all relations with the original family as she married and was transformed into one of the family members belonging to her husband, subject to the power of her husband.
The wife does not enjoy an independent personality, her dowry and her marital income, which are also included in the family assets of the husband's family, and the wife is not qualified to dispose of her own assets. It is only that as she marries, she transfers her rights originally subordinate to her mother's family to her husband's family, and in her mother's family she must obey the control of her mother's "father", and after marriage, she must obey the husband's "father" Whose family status depends on her husband's position in the family.
During this period, the father enjoyed the right to kill and kill the family members, and could even physically punish the family members without restriction, and even change the identity of the family members and decide on the marriage of the family members without the state having the right to interfere.
The ancient Roman state system was also modeled on the family system, and the king at that time was the head of the "Roman patriarch". Therefore, in the society at that time, in addition to the constraints of religion and customs and the pressure of public opinion, the power of the father was almost absolute.
Second, the "father" system in the republican period
With the continuous expansion of ancient Rome's territory, the number of foreign people and the increasing complexity of the social structure, ancient Rome entered the republican period. During this period, the clan economy had completely disintegrated, and the staff exercising state power were elected by citizens.
However, at this time, the control of "family patriarchy" over family members hindered the development of society, and the arbitrary disposal of the father to the family child caused various social contradictions, in order to limit the power of the "family patriarchy".
The state uses the power of the ombudsman to restrain the father, because if the father wants to enter the ruling class to improve his political status, he must pass the examination of the ombudsman, and the power in the hands of the ombudsman is mostly to evaluate the morality of the person concerned.
If the Ombudsman is judged to be morally flawed, then it is impossible for the man to enter the ruling class and his father's desire to improve his political status will be disappointed.
So the patriarchal power at this time was limited in the hands of the Ombudsman, because whatever the purpose, if the father wanted to promote his political status, he had to treat other family members kindly.
Third, the "father" system during the imperial period
By the time of the Empire, the emperor had combined the military and political power of Rome, and the ruling class at this time was no longer dependent on the strength of the clan and the family, so there was no scruple about the restriction of the patriarchal power of the family.
At this time, the father's unlimited right to punish in domestic crimes had been nationalized and turned into the right of high-ranking civil officials to judge. The father has lost the power to dispose of family members at will, and if the father abuses the "patriarchal power" at will, the government will punish the father.
By the 2nd century, the father also had only general disciplinary powers over family members. The remaining rights are fully transferred to the courts, and only the courts have the right to try citizens.
With the vigorous development of the commodity economy, the "father" system no longer adapts to the development of productive forces, and parental power gradually declines and withdraws from the historical stage.
epilogue
Patriarchy is an important system in the field of Roman private law, it plays an important role in the development of ancient Roman society, is an important cornerstone of the ancient Roman legal system, and provides an important legal source for Western countries to establish a legal system for adjusting family relations.
