Britannica
Sources used in this answer
How did the legal rights of Roman sons change from the early empire to Justinian's time?
Created from Britannica articles
using AI.
AI can make mistakes, so verify using Britannica articles.
Roman law
Augustus from Prima Porta, marble statue, c. 20 bce; in the Vatican Museums, Vatican City.
In early Roman history, the male head of a family exercised patria potestas—an absolute authority over his children that included the power of life and death and a total monopoly on property rights. Under this system, any acquisitions made by a son legally belonged to the father.123
By the time of the early empire, these powers had begun to shift. The father’s right to inflict capital punishment was reduced to light chastisement, and sons gained the right to own and bequeath property earned through military service (peculium castrense).12
By the era of Justinian (527–565 CE), the legal rights of sons had expanded significantly:
- Professional Earnings: The rules originally applied to military earnings were extended to include many types of professional income, which sons could keep as their own.12
- Inherited Property: Regarding property inherited from a mother, the father’s control was limited to a usufruct, or life interest, rather than full ownership.12
- Succession: Reforms in the law of succession eventually placed emancipated children on an equal footing with those still under patria potestas regarding inheritance rights.4