„MARIS ET FEMINAE SOCIETAS CONIUGALIS“. PRELIMINARE NOTA SEMANTICA
„MARIS ET FEMINAE SOCIETAS CONIUGALIS“. PRELIMINARY SEMANTIC NOTE
Author(s): Giovanni Carlo SeazzuSubject(s): Law, Constitution, Jurisprudence, History of Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: maris; feminae; societas; coniugalis
Summary/Abstract: With some caveats, all the more meritorious than exceptional, today’s legal Roman doctrine denies the relevance of the “corporate” qualification of the nature of marriage, which is prominent and widely accepted in ancient Latin/Roman sources.To take a stance on this ‘value’, it seemed appropriate to us to account for the preliminary consideration of the ‘general meaning’ of the concept of ‘society’ in the ancient Latin/Roman ‘semantic system’ and, therefore, the recognition of its application to marriage in the sources belonging to that ‘system’. We were able to note that the ancient meaning of “societas” is extremely different, almost opposite to today’s meaning of “society” (“society”, “sociedad”, “société” or “Gesell-schaft”) so that, while not taking it into account (as plerumque accidit) hinders the legal understanding of its application to marriage, taking it into account allows us to make a first ‘significant’ step in this analysis too.
Journal: IUS ROMANUM
- Issue Year: 2023
- Issue No: 2
- Page Range: 197-216
- Page Count: 20
- Language: Italian