ABSTRACT

Constantine probably influenced Roman family law more than any other emperor after Augustus. In early stages of Roman family law, moreover, there was little difference between sons and slaves. When a Roman citizen lost citizenship, the Roman People was diminished; or when a son was adopted, the biological family was diminished. The term came to signify a lowering of personal status owing to a change in family identity, loss of citizenship, or loss of freedom. Paternal power was the comprehensive power of the oldest male ascendant, commonly the father or grandfather, over male and female legitimate descendants and adopted children. The most common form for establishing the manus was so-called coemptio, a sort of solemn purchase of the woman by the husband. Guardianship was considered a prolongation of paternal power, so the position of guardian was closed to women. The most important curatorships of individuals were over lunatics or insane people, spendthrifts, and individuals sui iuris under age twenty-five.