Feminae: Medieval Women and Gender Index

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Record Number: 2704 Author(s)/Creator(s): Saller , Richard. Contributor(s): Title: European Family History and Roman Law Source: Continuity and Change 6, 3 (December 1991): Pages 335 - 346. Description: Article Type: Journal Article Subject (See Also): Family Fathers Historians Households Inheritance Law Marriage Patriarchy Patrilineage Social Change Social Groups Social History Social Networks Social Roles Award Note: Geographic Area: General Century: General Primary Evidence: Illustrations: Table: Abstract: Some recent, major syntheses of the history of European family life have used Roman law to explain central developments, such as exogamy, the emergence of 'commensurable' family units, or the rise of paternal authoritarianism. Such explanations must assume that legal rules exercise a strong determinative influence on behaviour of family members. The assumption is unwarranted with regard to Roman law: the law did not exhaustively define or determine family behaviour; on the contrary, it offered a vast array of legal instruments and institutions, which could be manipulated to underwrite a great variety of family relationships and forms. Consequently, changes in Roman law and the reintroduction of Roman law in the late medieval era can have only limited explanatory power in understanding the differences between family life in northern and southern Europe. Author's Affiliation: Department of History, University of Chicago Conference Info: - , - Year of Publication: 1991. Language: English ISSN/ISBN: 02684160

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