Cato the Elder on Women During the Second Punic War, the Romans enacted the Oppian law, which limited the amount of gold women could possess and restricted their dress. In 195 B.C.E., an attempt was made to repeal the law, and women demonstrated in the streets on behalf of the effort. According to the Roman historian Livy, the conservative Roman official Cato the Elder spoke against repeal and against the women favoring it. His words reflect a traditional male Roman attitude toward women.
Livy, The History of Rome ‘‘If each of us, citizens, had determined to assert his rights and dignity as a husband with respect to his own spouse, we should have less trouble with the sex as a whole; as it is, our liberty, destroyed at home by female violence, even here in the Forum is crushed and trodden underfoot, and because we have not kept them individually under control, we dread them collectively. . . . But from no class is there not the greatest danger if you permit them meetings and gatherings and secret consultations. . . . ‘‘Our ancestors permitted no woman to conduct even personal business without a guardian to intervene in her behalf; they wished them to be under the control of fathers, brothers, husbands; we (Heaven help us!) allow them now even to interfere in public affairs, yes, and to visit the Forum and our informal and formal sessions. What else are they doing now on the streets and at the corners except urging the bill of the tribunes and voting for the repeal of the law? Give loose rein to their
The Evolution of Roman Law One of Rome’s chief gifts to the Mediterranean world of its day and to succeeding generations of Western civilization was its development of law. After the Twelve Tables of 450 B .C.E., there was no complete codification of Roman law until the reign of the Byzantine emperor Justinian in the sixth century C.E. (see Chapter 7). The Twelve Tables, though inappropriate for later times, were never officially abrogated and were still memorized by schoolboys in the first century B.C.E. Civil law, or ius civile (YOOSS see-VEElay), derived from the Twelve Tables proved inadequate for later Roman needs, however, and gave way to corrections and additions by the praetors. On taking office, a praetor issued an edict listing his guidelines for dealing with wit h dif differ ferent ent kin kinds ds of leg legal al cas cases. es. The praetors praetors wer weree knowle kno wledge dgeabl ablee in law law,, but they als also o rel relied ied on Rom Roman an jurists—amateur law experts—for advice in preparing their edicts. The interpretations of the jurists, often embodied in the edicts of the praetors, created a body of legal principles.
uncontrollable nature and to this untamed creature and expect that they will themselves set no bounds to their license. Unless you act, this is the least of the things enjoined upon women by custom or law and to which they submit with a feeling of injustice. It is complete liberty or rather, if we wish to speak the truth, complete license that they desire. ‘‘If they win in this, what will they not attempt? Review all the laws with which your forefathers restrained their license and made them subject to their husbands; even with all these bonds you can scarcely control them. What of this? If you suffer them to seize these bonds one by one and wrench themselves free and finally to be placed on a parity with their husbands, do you think you will be able to endure them? The moment they begin to be your equals, they will be your superiors. . . . ‘‘Now they publ publicly icly addr address ess other women’s husbands, and, what is more serious, they beg for a law and votes, and from various men they get what they ask. In matters affecting yourself, your property, your children, you, Sir, can be importuned; once the law has ceased to set a limit to your wife’s expenditures you will never set it yourself. Do not think, citizens, that the situation which existed before the law was passed will ever return.’’
particular actions of the women protesting particular protesting Q What this law have angered Cato? What more general concerns does he have about Roman women? What was Cato’s attitude toward women? Compare and contrast this selection with the one by Xenophon in Chapter 3.
In 242 B .C.E., the Romans appointed a second praetor who was responsible for examining suits between a Roman and a non-Roman as well as between two non-Romans. The Romans found that although some of their rules of law could be used in these cases, special rules were often needed. These rules gave rise to a body of law known as the ius gentium (YOOSS GEN-tee-um)—the law of nations—defined by the Romans as ‘‘that part of the law which we apply both to ourselve ours elvess and to for foreign eigners. ers.’’’’ But the inf influen luence ce of Gree Greek k philosophy, primarily Stoicism, led Romans in the late Republic to develop the idea of ius naturale (YOOSS nah-tooRAH-lay RAH -lay)—na )—natura turall law— law—or or univ universa ersall div divine ine law deri derived ved from right reason. The Romans came to view their law of nations as derived from or identical to this natural law, thus giving giv ing Roma Roman n jur jurists ists a phil philosop osophica hicall just justific ificatio ation n for systematizing Roman law according to basic principles.
The Development of Literature and Art The Rom Romans ans pro produc duced ed lit little tle lit litera eratur turee before before the thi third rd century B.C.E., an and d the La Latin tin literatur literaturee tha thatt emerge emerged d in