Patrilineality - Roman Law

Roman Law

In Roman law, agnati were persons related through males only, as opposed to cognati. Agnation was founded on the idea of the family held together by the patria potestas; cognatio involves simply the modern idea of kindred.

In Roman times, all citizens were divided by gens (clan) and familia (sept), determined on a purely patrilineal basis, in the same way as the modern inheritance of surnames. (The gens was the larger unit, and was divided into several familiae: a person called "Gaius Iulius Caesar" belonged to the Julian gens and the Caesar family.)

In the early Republic, inheritance could only occur within the family, and was therefore purely agnatic. Women were largely excluded from inheritance until the Middle Republic, but suffered a legal setback in the passage of the Lex Voconia in 169 BC. This was however evaded by careful planning, and by 42 BC, many women had inherited large wealth.

In Imperial times, the system favoring patrilineal inheritance was changed by the Praetorian edict, giving paternal and maternal relatives equal rights.

Read more about this topic:  Patrilineality

Famous quotes containing the words roman and/or law:

    I cannot call Riches better than the baggage of virtue. The Roman word is better, impedimenta. For as the baggage is to an army, so is riches to virtue. It cannot be spared nor left behind, but it hindereth the march; yea and the care of it sometimes loseth or disturbeth the victory.
    Francis Bacon (1561–1626)

    Our law very often reminds one of those outskirts of cities where you cannot for a long time tell how the streets come to wind about in so capricious and serpent-like a manner. At last it strikes you that they grew up, house by house, on the devious tracks of the old green lanes; and if you follow on to the existing fields, you may often find the change half complete.
    Walter Bagehot (1826–1877)