Affective relationships outside the legitimate bond, starting from the relationship with the pælex and that with the concubine, have also recently been the subject of interventions by scholars in search of unifying interpretation keys in the perspective of framing the cornerstones of Roman law. In this composite framework, reasons for detailed analysis of those particularities that ended up in a sort of shadow cone worthy of further investigation are inserted. In Late Antiquity we witness a rise of Christianity which influences normative discipline precisely through its influence on society, with a relationship which however is two-way. And it is this factor which, with its novel elements, is grafted onto a centuries-old legal phenomenon and paradoxically does not differ much from the Roman experience but rather crystallises, from a new angle, some principles such as those founding legitimate unions. Concubinage is reread not only formally but rather in its substance, to bring to light the spirit of emotional bond which is its original cause where the legal scheme of matrimonium iustum is impossible to materialize.
Tra matrimonium iustum e coniugium inæquale. Discrasie nell’esperienza giuridica romana tardoantica
Luigi Sandirocco
2026-01-01
Abstract
Affective relationships outside the legitimate bond, starting from the relationship with the pælex and that with the concubine, have also recently been the subject of interventions by scholars in search of unifying interpretation keys in the perspective of framing the cornerstones of Roman law. In this composite framework, reasons for detailed analysis of those particularities that ended up in a sort of shadow cone worthy of further investigation are inserted. In Late Antiquity we witness a rise of Christianity which influences normative discipline precisely through its influence on society, with a relationship which however is two-way. And it is this factor which, with its novel elements, is grafted onto a centuries-old legal phenomenon and paradoxically does not differ much from the Roman experience but rather crystallises, from a new angle, some principles such as those founding legitimate unions. Concubinage is reread not only formally but rather in its substance, to bring to light the spirit of emotional bond which is its original cause where the legal scheme of matrimonium iustum is impossible to materialize.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
