According to current doctrine, impediments against consanguineous marriage were extended to the sixth degree until the third century BC. From that mo- ment on, the situation would change with the progressive liberalisation of marriage up to the first cousins, which became a tolerated practice. The analysis of metajuridical sources actually supports a substantially different picture, where marriage between first cousins was a widespread practice ab antiquo. Only under the reign of Augustus the jurisprudential debate of the last decades of the Republic produced a legal rule about marriage impediments that would become crucial in later elaborations.
Gnoli, T. (2023). Impedimenti matrimoniali per consanguineità nell’Italia preaugustea. TESSERAE IURIS, 4(2), 9-46.
Impedimenti matrimoniali per consanguineità nell’Italia preaugustea
Gnoli, T
2023
Abstract
According to current doctrine, impediments against consanguineous marriage were extended to the sixth degree until the third century BC. From that mo- ment on, the situation would change with the progressive liberalisation of marriage up to the first cousins, which became a tolerated practice. The analysis of metajuridical sources actually supports a substantially different picture, where marriage between first cousins was a widespread practice ab antiquo. Only under the reign of Augustus the jurisprudential debate of the last decades of the Republic produced a legal rule about marriage impediments that would become crucial in later elaborations.File | Dimensione | Formato | |
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