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La familia en Roma — Transcript

by Byron Velásquez · 4,812 words · 726 segments · language en · Watch on YouTube

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  1. 0:05Welcome. Today we are going to talk
  2. 0:07about the family in
  3. 0:08Rome.
  4. 0:15Rome was originally based on the
  5. 0:18gentile community and the tribes that
  6. 0:21had been formed. However, as this
  7. 0:23society evolved, the family became the
  8. 0:27most important social organization. And
  9. 0:30what did Rome understand by a family?
  10. 0:34For the Romans, a family was made up of
  11. 0:37all those people who lived within the
  12. 0:40house of the pater familias. Here, the
  13. 0:44important thing was not the blood
  14. 0:47relationship, nor were the bonds of
  15. 0:49love; here, the determining factor was
  16. 0:52living under the roof of the Pater
  17. 0:55Familias. That is why we speak of the
  18. 0:58damus, the house of the pater familias.
  19. 1:01Those who formed part of the house of
  20. 1:03the pater familias were his family. The
  21. 1:07family of Rome was characterized by
  22. 1:09being patriarchal and monogamous. What
  23. 1:11does it mean to say that it was a
  24. 1:13patriarchal family? It meant that the
  25. 1:15highest authority was exercised by the
  26. 1:17PER familias. The wife of the PER
  27. 1:20Familias was not at his level within
  28. 1:23the power structure. The wife was at
  29. 1:26the level of the children. Here, the
  30. 1:28only authority recognized is that of
  31. 1:31the Pater familias. Now, why is it a
  32. 1:34monogamous family? It is a monogamous
  33. 1:38family because in Rome only marriage to
  34. 1:41a woman was recognized. If the pater
  35. 1:44familias were to contract a new
  36. 1:46marriage, it is understood that the
  37. 1:48previous one had been dissolved.
  38. 1:51Therefore, what existed was monogamy
  39. 1:54and not polygamy. Another element to
  40. 1:58consider when the moment of celebrating
  41. 2:01the marriage arose is who was going to
  42. 2:04give consent to contract the marriage.
  43. 2:08Consent was given by the pater familias
  44. 2:12. If there was a man or a young lady
  45. 2:15who belonged to a family, well, the one
  46. 2:17who would have to express consent for
  47. 2:20the marriage to take place would be the
  48. 2:22pater familias on whom they depended.
  49. 2:25Another element to consider is that
  50. 2:28under Roman law, only people who
  51. 2:31belonged to the same social class could
  52. 2:34get married. Within this family, the
  53. 2:42pater familias who represented the
  54. 2:45highest authority was the one who was
  55. 2:47constituted as suyuris. The head of the
  56. 2:50family was the suyuris. What does it
  57. 2:53mean to be suyuris? It means that he is
  58. 2:55the subject of full rights. He is the
  59. 2:58only one who has the capacity to enjoy
  60. 3:00and the capacity to exercise it.
  61. 3:02Therefore, all the people who depend on
  62. 3:05him will not be his yuris. All the
  63. 3:08others are known as alien yuris. And
  64. 3:11who are alien yuris? Those who depend
  65. 3:14on the pater familias who will
  66. 3:16consequently not have the capacity to
  67. 3:18exercise it. For example, speaking of a
  68. 3:21real right, that of property, the only
  69. 3:24one who can have property is the pater
  70. 3:26familias because he is the suyuris; the
  71. 3:29children, the wife and all the others
  72. 3:31who make up the family, that is, all
  73. 3:34those who live in that house, will not
  74. 3:36be able to have property. Why? Because
  75. 3:39they do not have the capacity to
  76. 3:42exercise it and therefore cannot obtain
  77. 3:45property. Only the pater familias is
  78. 3:49the one who has the faculty, the
  79. 3:52capacity to be an owner. Those are the
  80. 3:55differences between the members of the
  81. 3:57family. Only the head of the family and
  82. 4:00suyuris and the others will be alieni
  83. 4:03yuris.
  84. 4:10Within this family, measurements can be
  85. 4:12made. For this, the degrees and lines
  86. 4:15of kinship are considered. Let's
  87. 4:19consider, there is a pater familias who
  88. 4:21has had a son. This son has fathered a
  89. 4:24grandson and the grandson has fathered
  90. 4:25a great-grandson. What do we have here?
  91. 4:28A line of kinship. This line of kinship
  92. 4:32was formed by uniting descendants with
  93. 4:36ancestors. If this pater familias had
  94. 4:39had another son, then we would have
  95. 4:42another line. Here there would be two
  96. 4:45lines, one next to the other. We would
  97. 4:48have collateral lines of kinship, there
  98. 4:51would be collateral relatives. Now,
  99. 4:55this is related to lines, but within
  100. 4:58each line we can talk about degrees.
  101. 5:02And what are degrees? Degrees are the
  102. 5:05leaps that can occur from one
  103. 5:07generation to another. For example,
  104. 5:10what degree of kinship is there between
  105. 5:12these two people, between the son and
  106. 5:14the grandson? As in to go from the
  107. 5:17generation of the grandson to the
  108. 5:18generation of the son, all you have to
  109. 5:20do is take a leap. They will turn out
  110. 5:23to be first-degree relatives. That
  111. 5:26kinship can also be established, for
  112. 5:28example, from this great-grandson to
  113. 5:30the pater familias. And what do we need
  114. 5:32to do to find out what degree of
  115. 5:34kinship this relationship corresponds
  116. 5:36to? Well, let's make the jumps. From
  117. 5:38the great-grandson to the grandson
  118. 5:39there is one jump. From the grandson to
  119. 5:41the son there are two jumps. And from
  120. 5:43the son to the pater familias there are
  121. 5:45three jumps. Therefore, the
  122. 5:47relationship between this
  123. 5:49great-grandson and the pater familias
  124. 5:52is third degree. In the same way,
  125. 5:55measurements can be made with
  126. 5:57collateral relatives. For example, this
  127. 6:00grandson, relative, what degree is he?
  128. 6:03The grandson is here in the collateral
  129. 6:06line. To do that, we have to go up to
  130. 6:09the ancestor they have in common and
  131. 6:11then go down. And we keep counting the
  132. 6:14jumps. From the grandson to the son,
  133. 6:16one jump. From the son to the pater
  134. 6:18familias, two jumps. From the pater
  135. 6:21familias to the son, three jumps. And
  136. 6:24from the son to the grandson, four
  137. 6:25jumps. So, it means that the
  138. 6:28relationship between these two
  139. 6:30grandchildren who are in collateral
  140. 6:33relationship is fourth degree. It is
  141. 6:37important to measure the degrees of
  142. 6:40kinship because based on this, the
  143. 6:43rights that can be acquired within this
  144. 6:46social organization can be established.
  145. 6:55Something that must be remembered is
  146. 6:57that Roman law was characterized by
  147. 6:58being divided into the yus civil and
  148. 7:00the yus honorarium. The definition of
  149. 7:03family will be different in one or the
  150. 7:06other. The first law that existed is
  151. 7:09the Ucibile. And in the context of the
  152. 7:13Yusvivile, the agnatic family will be
  153. 7:18considered. Who makes up an agnatic
  154. 7:22family? An agnatic family is made up of
  155. 7:26all the people who depend on the pater
  156. 7:28familias. Here, the blood ties that may
  157. 7:32exist between the members do not matter
  158. 7:36. Here, the determining factor is the
  159. 7:38power relationship. The pater familias
  160. 7:42exercises power and all those who are
  161. 7:44subject to that power, whether or not
  162. 7:46they are blood relatives, will make up
  163. 7:49his family. The agnatic family takes
  164. 7:52that power relationship as an important
  165. 7:55element. Now, as time went by, Rome
  166. 7:58expanded and it became necessary to
  167. 8:01consider the family that was growing
  168. 8:04outside the city of Rome. The
  169. 8:07magistrates created the concept of the
  170. 8:11cognatic family. In the Yusonorarium
  171. 8:15the concept was that of the cognatic
  172. 8:18family. Who were the members of the
  173. 8:21cognatic family? The cognatic family
  174. 8:24was made up of all those people who had
  175. 8:28blood ties. So, this cognatic family is
  176. 8:32the one that most resembles the family
  177. 8:34that we work with today in our law,
  178. 8:37because in our family we are including
  179. 8:40all those people who have a blood
  180. 8:42relationship with us. The cognatic
  181. 8:45family is based on blood ties, while
  182. 8:48the agnatic family is based on power
  183. 8:51relationships. Now we are talking about
  184. 9:06the power of the
  185. 9:08father. The
  186. 9:12pater familias has power over all those
  187. 9:16who depend on him, even if they are not
  188. 9:19his children. This power that the pater
  189. 9:24familias has, over all those who depend
  190. 9:27on him, is known as patria potestas.
  191. 9:31Paternal authority is the power that
  192. 9:33the pater familia has over all those
  193. 9:36who depend on him. Now, what factors
  194. 9:40determine whether this paternal
  195. 9:44authority can arise? Paternal authority
  196. 9:50will arise first through birth. Birth
  197. 9:54gives rise to the power of the Father
  198. 9:57over those who depend on him, for
  199. 10:00example, his children. So, at the
  200. 10:03moment of the birth of the child, the
  201. 10:06power of the father over that child is
  202. 10:08born. Paternal authority is born.
  203. 10:12Obviously, this element anticipates
  204. 10:14what can allow the extinction of
  205. 10:17paternal authority. Paternal authority
  206. 10:20will be extinguished if that child dies
  207. 10:23or if the paer familias is the one who
  208. 10:25dies. What other reasons can lead to
  209. 10:28the emergence of this power of the
  210. 10:30father? When adoption occurs, the power
  211. 10:34of the father over the child he adopts
  212. 10:37also arises. When adrogatio occurs, the
  213. 10:41power of the father over the one who
  214. 10:43has submitted to him is also born. We
  215. 10:46will discuss the concept of adoption
  216. 10:49and arrogatio later. There is also the
  217. 10:53power of the father over his wife or
  218. 10:57over the wives of his children. So,
  219. 11:00when a woman contracts marriage, she
  220. 11:04submits to her husband and her husband
  221. 11:08thus creates a power over her. This
  222. 11:11power was known as patria potestas.
  223. 11:17What could cause someone to leave the
  224. 11:19patria potestas? As we have said before
  225. 11:21, someone leaves the patria potestas
  226. 11:23because he has died in his capacity as
  227. 11:25a son or because the pater familias has
  228. 11:27died. Patria potestas is also
  229. 11:30extinguished if a son separates from
  230. 11:33the family to join some religious
  231. 11:36activity. Patria potestas is also
  232. 11:39extinguished if a son is sold by his
  233. 11:42father three times in a row. Why?
  234. 11:45Because this results in the
  235. 11:47emancipation of the son. The son has
  236. 11:50submitted to emancipation three times
  237. 11:55and that results in his emancipation.
  238. 11:59The son has left the power of the
  239. 12:01father. Over time, parental authority
  240. 12:09was separated from the power that the
  241. 12:12husband has over his wife or the power
  242. 12:15that the pater familia has over the
  243. 12:18wives of his children. This power was
  244. 12:22known as Manus. So, when a woman got
  245. 12:25married, she submitted to the power of
  246. 12:28her husband or that of her husband's
  247. 12:31father. And this power is no longer
  248. 12:34called parental authority, but is known
  249. 12:37as Manus. Some women got married but
  250. 12:41did not submit to the power. They
  251. 12:44remained under the power of their
  252. 12:46biological father. In these cases,
  253. 12:48these were situations where women came
  254. 12:51from economically well-off families and
  255. 12:55therefore maintained their status with
  256. 12:58their family of origin. But in general,
  257. 13:01women submitted to the power of their
  258. 13:04husband or that of their husband's
  259. 13:06father. Now, let's talk about adoption
  260. 13:19and adrogati. First, about adoption. In
  261. 13:24adoption, what happens in adoption? We
  262. 13:27have a biological father. That father
  263. 13:31has decided to enter into a
  264. 13:33relationship with another pater
  265. 13:35familias. And in that relationship, the
  266. 13:39biological father decides to give his
  267. 13:42child up for adoption. When he decides
  268. 13:45to give his child up for adoption, he
  269. 13:48is extinguishing the parental authority
  270. 13:50that he has over his biological child.
  271. 13:54And from that moment on, the pater
  272. 13:56familias will be the one who will have
  273. 13:59power over that child. So, what does
  274. 14:02that show us? It shows us that the
  275. 14:05child who was an alien yuris ceases to
  276. 14:08be under the parental authority of his
  277. 14:10biological father and is now under the
  278. 14:13parental authority of his adoptive
  279. 14:15father. He is still an alien yuris. Now
  280. 14:20, what happens in the adrogatio? In the
  281. 14:24drogatio what we have is a full citizen
  282. 14:27, a suiuris. But this suyuris, due to
  283. 14:31his advanced age, considers that he can
  284. 14:34no longer be responsible for the
  285. 14:36administration of his assets. He
  286. 14:38believes that it is convenient to
  287. 14:40submit to the power of a pater familias
  288. 14:43and so he enters into a relationship
  289. 14:45with a pater familias in which he
  290. 14:47expresses his willingness to submit to
  291. 14:49his power. In order for this pater
  292. 14:53familias to submit to another pater
  293. 14:55familias, he will need to have the
  294. 14:59consent of the pontiff. Why? Because as
  295. 15:03we have said, the Romans were
  296. 15:05polytheists. Each family had its own
  297. 15:07gods. When this pater familias decides
  298. 15:10to submit to the power of another pater
  299. 15:13familias, what he is saying is, "I am
  300. 15:15renouncing the gods of my family in
  301. 15:17order to submit to the family of this
  302. 15:20pater familias and consequently worship
  303. 15:22the gods of that family." Therefore, he
  304. 15:26has to have the approval of the pontiff
  305. 15:31. In that sense, then this gentleman
  306. 15:36who is a suyuris will become an alien
  307. 15:39yuris as a consequence of the adrogatio
  308. 15:44. In this context, we can make a
  309. 15:48comparison of what happens when a woman
  310. 15:51marries with the concepts of arrogatio
  311. 15:54and adoption. First, here we have a
  312. 15:57woman who lives under the authority of
  313. 16:00her father, the pater familias. So, it
  314. 16:04turns out that in order for the
  315. 16:06marriage to take place, the one who
  316. 16:08will have to give authorization, the
  317. 16:10one who will have to issue consent is
  318. 16:12the pater familias. And the pater
  319. 16:15familias of the family to which the
  320. 16:18fiancé belongs will also be the one
  321. 16:21who gives consent. This is an agreement
  322. 16:24that will be made between the pater
  323. 16:25familias. The children will not give
  324. 16:27their consent. The fiancés themselves
  325. 16:30will not be the ones to express their
  326. 16:32consent to get married. This is an
  327. 16:34agreement between heads of households.
  328. 16:38Well, in that context, this woman who
  329. 16:41is getting married will no longer be
  330. 16:44under the power of her biological
  331. 16:47father and will now be subject to the
  332. 16:49power of her husband or her husband's
  333. 16:52father. Now, what happened in the
  334. 16:56adoption? Something similar happened,
  335. 16:58right? The biological father gave his
  336. 17:01child up for adoption. The child was an
  337. 17:04alien yuris. He was subject to the
  338. 17:06power of his biological father and now
  339. 17:09he is subject to the power of the
  340. 17:11adoptive father. What do we have in
  341. 17:14this comparison? What we have is that
  342. 17:17in both cases the situation is the same
  343. 17:19. Two subjects, Alien and Yuris, change
  344. 17:23, replacing the one who exercises power
  345. 17:27over them in order to now always be
  346. 17:31subject, but now under the power of
  347. 17:34another pater familias. The marriage of
  348. 17:38an alien yuris woman is very similar to
  349. 17:41what happens with adoption. Now let's
  350. 17:46consider a woman who no longer lives
  351. 17:48under the power of her father because
  352. 17:51he has died, therefore, she is not
  353. 17:53subject to any power. She is today a
  354. 17:56suyuris and is going to get married. In
  355. 18:01this case, she will be the one who
  356. 18:03gives her consent to get married, but
  357. 18:06now this is similar to what happened
  358. 18:09with the adrogatio. The adrogatio was
  359. 18:13also a suiuris who was willing to
  360. 18:15submit to the power of a pater familias
  361. 18:19. What do we have here? The marriage of
  362. 18:22a suyuris woman is very similar to the
  363. 18:24adrogatio. In both cases we are dealing
  364. 18:28with subjects who are suiuris and who
  365. 18:30by their own disposition decide to
  366. 18:33submit to the power of a pater familias
  367. 18:36, that is, they leave the quality of
  368. 18:38suyuris to take it on that of alieni
  369. 18:41yuris.
  370. 18:50Something important to discuss in this
  371. 18:52context is
  372. 18:53guardianship and curatorship.
  373. 18:57Guardianship and
  374. 18:58curatorship have to do with the age of
  375. 19:00the children. As we have said, the
  376. 19:03pater familias has power over his
  377. 19:05children. That power over his children
  378. 19:08makes them alien yuris. The only way
  379. 19:11for them to leave the father's power
  380. 19:14and become his yuri would be through
  381. 19:17the father's death. Now, is it true
  382. 19:21that whenever the father dies, they
  383. 19:23always become suyuris? Or will they
  384. 19:27need to undergo some treatment? And
  385. 19:31this will depend on the age at which
  386. 19:33they find themselves. There are two key
  387. 19:36moments for Roman law. One is puberty
  388. 19:40and the other is age 25. Puberty is
  389. 19:46reached for girls at age 12 and for
  390. 19:49boys at age 14. So, in that context,
  391. 19:53what happens? In that context, if at
  392. 20:02the death of the pater familias the
  393. 20:05children have not reached puberty,
  394. 20:09guardianship will be needed. What is
  395. 20:14needed is a guardian who will be in
  396. 20:16charge of what? Who will be in charge
  397. 20:20of taking care of these children who
  398. 20:23have not reached puberty to ensure that
  399. 20:26they survive, but who will also have
  400. 20:29the role of administering the assets
  401. 20:32that the pater familias left them at
  402. 20:35the time. Now, what happens if these
  403. 20:39children have already passed puberty,
  404. 20:42but have not reached 25 years of age.
  405. 20:46If that is what happens, then in the
  406. 20:50context of Rome it is believed that
  407. 20:53once they have reached puberty and are
  408. 20:56in a condition to reproduce, then they
  409. 20:59can take care of themselves, but they
  410. 21:03probably do not yet have enough
  411. 21:05experience to administer their assets.
  412. 21:10Therefore, Roman law will say that what
  413. 21:13is needed for them is no longer a
  414. 21:16guardian, but a curator. The
  415. 21:19institution of curatorship will be
  416. 21:21important here, where the curator, what
  417. 21:23functions will he or she have? The
  418. 21:26curator will have the function of
  419. 21:29administering the assets of someone who
  420. 21:32has not yet reached 25 years of age. We
  421. 21:36realize the difference between a
  422. 21:38guardian and a curator. The guardian
  423. 21:41has two areas in which he must work. He
  424. 21:45must take care of the child to ensure
  425. 21:48that he preserves his life and on the
  426. 21:51other hand he must administer the
  427. 21:53child's assets. Meanwhile, the curator
  428. 21:57no longer has to worry about preserving
  429. 22:00the child's life, but only about
  430. 22:03administering his assets. In that case,
  431. 22:07a curator would be needed. Now, what
  432. 22:10happens if he reaches the age of 25? If
  433. 22:14he has passed the age of 25, he is
  434. 22:17already an adult. The Romans defined 25
  435. 22:20as the limit that allows one to reach
  436. 22:23the age of majority. And this is based
  437. 22:26on the fact that the Romans considered
  438. 22:28how many years one could live, they
  439. 22:30said, "We can probably live 100." Of
  440. 22:32those 100, what is a quarter? 25. So,
  441. 22:34all those who have not yet reached the
  442. 22:37age of 25 will be minors. 25 years is
  443. 22:40the limit to define the age of majority
  444. 22:43in Roman law. If the person has reached
  445. 22:47the age of 25, he is already an adult
  446. 22:49and therefore that suyuris no longer
  447. 22:52needs either a guardian or a curator.
  448. 22:55He will be able to take care of himself
  449. 22:58and preserve his life, as well as
  450. 23:00administer his assets. Now, there are
  451. 23:03some occasions in which, despite having
  452. 23:06reached the age of 25, he will still
  453. 23:09need a guardian. And when is it
  454. 23:12necessary to have a guardian? There are
  455. 23:16two main cases. One, when it comes to
  456. 23:19prodigal sons. Who is a prodigal son? A
  457. 23:23prodigal son is someone who cannot
  458. 23:26administer an estate. He is someone who
  459. 23:30, due to his behavior oriented towards
  460. 23:33gambling and waste, is likely to
  461. 23:35squander the estate and consequently
  462. 23:38will soon be left with nothing. The
  463. 23:43Romans considered this son who has
  464. 23:45these characteristics the prodigal son
  465. 23:47and therefore he must continue to be
  466. 23:50given that support in the
  467. 23:51administration of the estate. He will
  468. 23:55still need to have a guardian. Now,
  469. 23:59there are other cases. The case of the
  470. 24:02madman, of the person who has mental
  471. 24:05problems, this person also does not
  472. 24:08have the capacity to discern properly
  473. 24:10to administer his estate. Consequently,
  474. 24:14it is necessary for him to have a
  475. 24:17guardian. Another element to consider
  476. 24:22is that according to Roman law,
  477. 24:25especially in the ancient part, it was
  478. 24:28considered that women could not be
  479. 24:32without guardianship. In other words,
  480. 24:35women would always be under someone's
  481. 24:37power. If their father had died, they
  482. 24:39would have a guardian. If they were
  483. 24:42already married, they would then be
  484. 24:44subject to the power of their husband
  485. 24:46or their husband's father. And if their
  486. 24:50husband or their husband's father and
  487. 24:53their husband died, then under those
  488. 24:55circumstances they would also have to
  489. 24:58have a guardian. For women, in ancient
  490. 25:03times, guardianship was a perpetual
  491. 25:07institution; it would never achieve
  492. 25:11autonomy. This would change as the
  493. 25:16empire progressed. Now, we can identify
  494. 25:22three types of guardianships or
  495. 25:25curatorships. What is the first type?
  496. 25:30The testamentary type is called
  497. 25:32testamentary because either the
  498. 25:35guardianship or curatorship would be
  499. 25:37determined by the pater familias in his
  500. 25:40will. When he makes a will, the pater
  501. 25:44familias states who he entrusts with
  502. 25:47the office of guardian or curator for
  503. 25:51his children or for his wife. Now, what
  504. 25:55happens if the pater familias does not
  505. 25:58execute a will? Or, if he executes a
  506. 26:01will, it is ineffective because it does
  507. 26:03not comply with some formality. Under
  508. 26:07these circumstances, then there is no
  509. 26:10testamentary guardianship and we will
  510. 26:13have to consider the second type,
  511. 26:15legitimate guardianship or curatorship.
  512. 26:20What legitimate guardianship or
  513. 26:22curatorship implies is that since the
  514. 26:24will of the pater familias has not been
  515. 26:26expressed in the will, it will be
  516. 26:28necessary to go to the law and review
  517. 26:31the regulations to see who, according
  518. 26:33to the law, corresponds to be the
  519. 26:35guardian or curator. In this case, what
  520. 26:39is considered is the legal provision,
  521. 26:42not the will of the pater familias.
  522. 26:46However, there is the possibility that
  523. 26:49the person who has been identified in
  524. 26:52the law to take charge of the
  525. 26:54guardianship or curatorship does not
  526. 26:57exist or cannot become your guardian.
  527. 27:01And under these circumstances, the
  528. 27:03third type will arise, which is the
  529. 27:05dative type. When does the dative type
  530. 27:08occur? The dative type occurs when
  531. 27:10there is no testamentary guardianship
  532. 27:12or curatorship. When the person
  533. 27:15designated by law to fulfill these
  534. 27:18duties is unable or incapable of doing
  535. 27:22so or does not exist, then it will be
  536. 27:25the magistrate who defines which Roman
  537. 27:29citizen will be assigned the office of
  538. 27:33guardian or
  539. 27:34curator.
  540. 27:41Now let's talk about slaves. Treating
  541. 27:45slaves within the context of the Roman
  542. 27:48family does not imply that we are
  543. 27:51considering them as part of it. We
  544. 27:54simply have to remember that within
  545. 27:57Roman law, slaves were considered as
  546. 28:01tools that could speak, talking animals
  547. 28:04, that is, they were treated as things,
  548. 28:08not as people. However, we are going to
  549. 28:12refer to them because since they could
  550. 28:15be declared free, they could come to
  551. 28:18have the status of people and
  552. 28:21consequently be integrated into the
  553. 28:24concept of the family. First, we must
  554. 28:28consider what the sources of slavery
  555. 28:31were. The most important source of
  556. 28:34slavery was war captivity. The Romans
  557. 28:38waged war on a people, defeated them
  558. 28:41militarily, and what they did was
  559. 28:44captivate, what they did was take as
  560. 28:47prisoners the inhabitants of that
  561. 28:50defeated people. That is, they enslaved
  562. 28:54the peoples they were dominating
  563. 28:58militarily. War captivity was the most
  564. 29:03important source of slaves during the
  565. 29:08Roman era. Now, there were other
  566. 29:12important sources as well. The second
  567. 29:17source was those born to slave mothers.
  568. 29:22Being born to a slave mother forced the
  569. 29:25child to be a slave. Here, what
  570. 29:28mattered was what happened on the
  571. 29:30mother's side, not what happened on the
  572. 29:32father's side. Being the son of a slave
  573. 29:35mother determined that the child would
  574. 29:39be a slave. Now, there was the
  575. 29:42possibility that the father had not
  576. 29:44been a slave, or that he had been a
  577. 29:46Roman citizen. And this father, his
  578. 29:50Yuris, comes and recognizes the son he
  579. 29:53had with the slave as his own son, then
  580. 29:56yes, he will have Roman citizenship and
  581. 29:59therefore will be a person, but insofar
  582. 30:02as he is considered a slave. The third
  583. 30:07cause that can occur is due to the
  584. 30:09fulfillment of a sentence. For example,
  585. 30:13when we were talking about the judicial
  586. 30:16process in Rome, we pointed out that
  587. 30:18one way to enforce the sentence was
  588. 30:21through physical apprehension: this
  589. 30:24consisted of taking the debtor home and
  590. 30:27taking him out for a walk three times
  591. 30:30during a 60-day period. If someone took
  592. 30:33pity on him and paid the debt for him,
  593. 30:35then he was set free. But if no one
  594. 30:38took pity, then the creditor had the
  595. 30:42option of enslaving him, banishing him,
  596. 30:46or even killing him. So there we have a
  597. 30:50source of slavery as well. Now, there
  598. 30:56were other people who were not slaves
  599. 30:59but were treated as such, who were
  600. 31:03referred to as comparable to slaves.
  601. 31:06Among them are abandoned children.
  602. 31:10Those children who are found on the
  603. 31:12streets of Rome and who are taken in by
  604. 31:15a patter familias are going to be
  605. 31:17treated as slaves. But they are not
  606. 31:20slaves, they are only comparable to
  607. 31:22slaves. Why? Because they can be
  608. 31:25treated as slaves as long as they are
  609. 31:28children, but when they reach the age
  610. 31:30of majority, then they regain their
  611. 31:33freedom. Therefore, they are not slaves
  612. 31:36, they are merely equivalent. They
  613. 31:39become free upon reaching the age of
  614. 31:41majority. The same situation occurs
  615. 31:44with those people who have committed
  616. 31:47theft or robbery. These people can also
  617. 31:51be treated as equivalent to slaves. Why
  618. 31:55? Because as long as they fail to
  619. 31:58replace what they stole or robbed, they
  620. 32:02will be treated as slaves by the person
  621. 32:05who owns those goods. When they, as a
  622. 32:09result of their work, manage to replace
  623. 32:12the goods they stole or robbed, then
  624. 32:14they will regain their freedom. They
  625. 32:18are not slaves, they are merely treated
  626. 32:21as equivalent to slaves. And a third
  627. 32:25group occurs with children who are sold
  628. 32:27. If a pater familias sells his son,
  629. 32:31well, that son who is bought can be
  630. 32:33treated as a slave, but he is not a
  631. 32:35slave, he is merely equivalent. Why?
  632. 32:38Because when that son who has been sold
  633. 32:41reaches the age of majority, he has the
  634. 32:45status of citizen and therefore is no
  635. 32:48longer considered a
  636. 32:49slave.
  637. 32:55Manumission. Manumission is an act by
  638. 32:59which the master, the pater familias,
  639. 33:02will recognize the freedom of his slave
  640. 33:05and therefore will grant him the status
  641. 33:08of a person. How can manumission be
  642. 33:12achieved? There are basically three
  643. 33:15elements that must be considered in
  644. 33:18order for the master to express his
  645. 33:22will to want to set his slave free. One
  646. 33:27possibility is through a will. The will
  647. 33:31can include the manumission of slaves.
  648. 33:34This would imply that when the will
  649. 33:37takes effect, then those people, those
  650. 33:40who receive the inheritance and in
  651. 33:43which it is included that the slaves
  652. 33:46are manumissioned, will have to respect
  653. 33:49it and those slaves will be free and
  654. 33:52therefore treated as people. A second
  655. 33:56option is for the pater familias to
  656. 34:01appear before a magistrate and follow
  657. 34:05an extraordinary procedure in order to
  658. 34:10set his slave free. If he follows this
  659. 34:15judicial procedure, then he will be
  660. 34:18able to grant his slave freedom. He
  661. 34:22will achieve the manumission of his
  662. 34:24slave. And a third procedure is if the
  663. 34:28pater familias comes and goes directly
  664. 34:31to the magistrate responsible for the
  665. 34:34registry of citizens and requests that
  666. 34:37his slave be registered as a citizen.
  667. 34:41This is obviously done before a
  668. 34:43magistrate, a magistrate sensor, who is
  669. 34:46responsible for keeping this registry.
  670. 34:49And when the magistrate Sensor
  671. 34:51registers that slave as a citizen, then
  672. 34:54he is considered a manumitted person.
  673. 34:59These slaves who have been freed will
  674. 35:04form a social group known as the libert
  675. 35:08. What happens to these slaves who make
  676. 35:11up this social group? These slaves will
  677. 35:15continue to have an obligation after
  678. 35:19their manumission. And what is the
  679. 35:23obligation of those slaves who have
  680. 35:25been manumitted? If at any time the
  681. 35:29former master needs the help of those
  682. 35:33slaves, those who were slaves are
  683. 35:36obliged to have to serve the one who
  684. 35:40was their master at the time. That
  685. 35:44obligation is an obligation of an
  686. 35:47employer nature that the manumitted
  687. 35:51slaves have before the one who was
  688. 35:54their master. But if for those who were
  689. 35:59freed it represents an obligation for
  690. 36:02the master who granted the manumission
  691. 36:06it represents a right. Then this is the
  692. 36:10right of patronage. The right of
  693. 36:14patronage implies that when the master
  694. 36:16considers the assistance of the one who
  695. 36:18was his slave necessary, he has to ask
  696. 36:20for it. And the one who was a slave has
  697. 36:24the obligation to go and serve the one
  698. 36:26who was his master. So, here there is a
  699. 36:31right and an obligation. A right for
  700. 36:33the master and an obligation for the
  701. 36:36slave. These two elements must be
  702. 36:40considered in the issue of succession.
  703. 36:44What is going to happen with this
  704. 36:47obligation? This obligation that the
  705. 36:52slave has cannot be transmitted. That
  706. 36:59is to say, once the slave who has been
  707. 37:02freed dies, the obligation that he had
  708. 37:06before his master is extinguished. His
  709. 37:09children will no longer continue with
  710. 37:12that obligation. Whereas on the side of
  711. 37:15the one who was the master, on the side
  712. 37:18of law, this right is transferable. So
  713. 37:21the master can transmit this right to
  714. 37:25his children. The children, therefore,
  715. 37:29if at any time they need the assistance
  716. 37:31of the one who was a slave of their
  717. 37:33father, they can request it. And the
  718. 37:36one who was a slave is obliged to care
  719. 37:39for the children of the one who was his
  720. 37:41master. So, reiterating, the right of
  721. 37:47patronage can be transmitted and the
  722. 37:50obligation
  723. 37:53is not transferable.
  724. 38:07Thank you very much for your attention.
  725. 38:09Until next time.
  726. 38:12M.

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