Preface. A sourcebook on women and the law in the Roman Empire: marriage, divorce, and widowhood |
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xi | |
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xv | |
Glossary of Latin legal terms |
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xvii | |
Acknowledgments |
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xxiii | |
Introduction: historical and legal background |
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1 | (1) |
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1 | (5) |
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The sources of classical law |
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1 | (3) |
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Sources of late Roman law |
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4 | (2) |
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Roman social structure and the legal system |
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6 | (7) |
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Timetable of important events and laws |
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13 | (3) |
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The status of women in Roman law |
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16 | (65) |
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16 | (4) |
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16 | (1) |
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17 | (3) |
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20 | (3) |
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Patria potestas (``paternal power'') |
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20 | (1) |
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Manus (marital subordination) |
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21 | (2) |
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Tutela impuberum (guardianship of minors) |
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23 | (1) |
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Tutela mulierum (the guardianship of women) |
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23 | (23) |
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Legal sources on tutela mulierum |
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24 | (1) |
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The Institutes of Gaius on tutela mulierum |
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25 | (4) |
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Selections from the Rules of Ulpian 11 |
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29 | (1) |
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The Flavian Municipal Law (lex Irnitana) |
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30 | (1) |
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Tutela mulierum in non-legal sources |
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31 | (3) |
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The guardianship of women in the Roman East |
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34 | (3) |
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37 | (6) |
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Tutela mulierum in late antiquity |
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43 | (3) |
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Legal stereotypes of women's abilities and behavior |
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46 | (14) |
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Legal assistance for women |
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47 | (1) |
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Women's modesty and the need for protection |
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48 | (3) |
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51 | (1) |
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``Womanly weakness'' in Roman legal sources |
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51 | (1) |
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``Womanly weakness'' in the papyri |
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52 | (3) |
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The senatusconsultum Velleianum |
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55 | (5) |
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Women in court: restrictions and rights |
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60 | (11) |
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A Restrictions on women's right to act legally |
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60 | (1) |
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Prohibition on bringing a request on others' behalf |
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60 | (3) |
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Prohibition on bringing criminal charges |
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63 | (1) |
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Prohibition on being an informer to the fiscus |
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64 | (1) |
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Right to act legally on behalf of oneself or one's family |
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65 | (1) |
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Right to act legally in civil cases |
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65 | (1) |
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Right to bring criminal charges |
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66 | (2) |
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Right to bring an action over a family member's freedom |
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68 | (1) |
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Right to bring an action for the public welfare |
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69 | (1) |
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A sister seeks to avenge her brother's murder |
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69 | (1) |
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Women as defendants or witnesses |
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70 | (1) |
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Women in public life: restrictions and responsibilities |
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71 | (10) |
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71 | (3) |
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Prohibitions on holding public office |
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74 | (1) |
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74 | (7) |
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Marriage in Roman law and society |
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81 | (55) |
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Marriage and its consequences in classical Roman law |
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81 | (21) |
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The purpose and nature of marriage |
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81 | (1) |
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81 | (1) |
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What makes a marriage valid? |
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82 | (1) |
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The Augustan marriage legislation |
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83 | (5) |
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Preliminaries to marriage: age, betrothal, and consent |
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88 | (1) |
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88 | (1) |
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88 | (1) |
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89 | (2) |
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91 | (1) |
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Dotal pacts and the purpose of dowry |
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91 | (1) |
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92 | (3) |
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The dowry during marriage |
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95 | (2) |
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Recovery of dowry after marriage |
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97 | (1) |
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Gifts between spouses and a married woman's property |
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98 | (1) |
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The ban on gifts between husband and wife |
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98 | (3) |
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Women's property within marriage |
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101 | (1) |
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Marriage and its consequences in late Roman law |
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102 | (20) |
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Repeal of the Augustan penalties on celibacy |
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103 | (1) |
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Paternal power and consent to marriage |
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104 | (6) |
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Pre-nuptial gifts, arrhae sponsaliciae, and dowry |
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110 | (12) |
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Marriage contracts from Egypt and the Near East |
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122 | (14) |
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A Marriage contracts from Roman Egypt |
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122 | (1) |
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A synkhoresis from Alexandria |
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123 | (2) |
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Abstract of an alimentary contract from Tebtunis |
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125 | (1) |
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A Latin marriage contract |
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126 | (1) |
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A mother gives her daughter in marriage |
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127 | (2) |
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The marriage of two embalmers |
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129 | (1) |
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A husband moves in with his wife and her father |
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129 | (2) |
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Marriage agreement from the ``Cave of Letters'' |
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131 | (2) |
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Marriage contract from Dura Europos |
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133 | (3) |
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Prohibited and non-legal unions |
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136 | (51) |
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Prohibited and non-marital unions in classical law |
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136 | (25) |
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Prohibitions based on kinship |
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136 | (1) |
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Parent-child and sibling marriage |
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136 | (1) |
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Uncle-niece and aunt-nephew marriage |
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137 | (1) |
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Former slaves and incestuous marriage |
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138 | (1) |
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Legal consequences of incestuous marriage |
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139 | (1) |
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Diocletian's edict against close-kin marriage |
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140 | (3) |
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Non-marital unions based on social status |
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143 | (1) |
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Slave unions and slave-free unions |
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143 | (2) |
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The senatusconsultum Claudianum |
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145 | (1) |
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Unions between women and their freedmen |
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146 | (2) |
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Unions between senators and former slaves |
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148 | (2) |
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Concubinatus (concubinage) |
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150 | (4) |
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154 | (1) |
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Unions between citizens and non-citizens |
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154 | (2) |
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Marriage between tutor and pupilla |
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156 | (1) |
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Marriage between imperial officials and locals |
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157 | (1) |
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Marriage of soldiers while in service |
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158 | (2) |
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Marriage to two women simultaneously |
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160 | (1) |
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Prohibited and non-marital unions in late antiquity |
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161 | (26) |
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Prohibitions based on kinship |
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161 | (5) |
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Prohibitions based on status |
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166 | (1) |
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Expansion of the Augustan prohibitions |
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166 | (4) |
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170 | (3) |
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173 | (3) |
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176 | (5) |
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181 | (3) |
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184 | (3) |
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Divorce and its consequences |
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187 | (32) |
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187 | (15) |
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Definition and causes of divorce |
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187 | (2) |
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Sending a notice of divorce |
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189 | (2) |
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Return of dowry after divorce |
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191 | (1) |
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192 | (3) |
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Divorce and patria potestas |
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195 | (1) |
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A father's right co break up his child's marriage |
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195 | (3) |
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198 | (4) |
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Divorce in late Roman law |
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202 | (8) |
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Divorce in Egypt and the Near East |
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210 | (9) |
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A Divorce documents from Roman Egypt |
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210 | (1) |
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A synkhoresis from Alexandria |
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211 | (1) |
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212 | (1) |
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A divorce agreement from Tebtunis |
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212 | (1) |
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213 | (1) |
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A late fourth-century divorce agreement |
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214 | (1) |
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A mother's complaint against her son-in-law |
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215 | (2) |
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A divorce from Dura Europos |
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217 | (2) |
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Widows and their children |
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219 | (51) |
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220 | (16) |
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Legally imposed delays on remarriage |
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220 | (3) |
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Remarriage and inheritance |
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223 | (13) |
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Widows and the guardianship of fatherless children |
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236 | (25) |
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A Mothers and tutela (guardianship) in Roman law |
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236 | (1) |
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The obligation to request a guardian |
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236 | (4) |
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240 | (2) |
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242 | (6) |
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Mothers and guardians in the Greek East |
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248 | (1) |
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248 | (2) |
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A mother brings suit against her son's guardians |
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250 | (4) |
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254 | (3) |
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A guardian mother defends her children's interests |
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257 | (4) |
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261 | (9) |
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Surveillance of pregnant widows |
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261 | (3) |
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Inheritance rights and the supposititious child |
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264 | (3) |
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Pregnant widows in the papyri |
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267 | (3) |
Summation. The condition of women: rights and restrictions |
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270 | (2) |
Notes |
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272 | (55) |
Bibliography |
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327 | (10) |
Index of Sources |
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337 | (6) |
General Index |
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343 | |