古罗马婚姻制度探微

A Probe into the Marriage System in Ancient Rome

古代罗马实行严格的一夫一妻制。罗马早期的婚姻主要是采取“有夫权婚姻”形式,妻子完全处于夫权的支配下。共和国后期,“无夫权婚姻”逐渐取代“有夫权婚姻”,出嫁女子虽然脱离了夫权的支配,但仍处在其生父的家长权之下。此外,罗马还存在一种非正式婚姻制度,即“姘合”。从某种意义上讲,“姘合”是对古代门第婚姻的一种突破。然而当“无夫权婚姻”取代“有夫权婚姻”,特别是当“姘合”被法律所承认的时候,罗马早期那种稳固的婚姻制度和家庭制度也就遭到了破坏。

Monogamy was strictly practiced in Ancient Rome, where the “authority of the husband” was the core of marriage. The wife was submissive to the husband. In the later period of the Republic, with the improvement of women＇s status, the marriage under the authority of the husband gradually gave way to one without the authority of the husband, in which the married woman, though independent on the control of the husband, was still dominated by the authority of her parents. Besides the formal marriage mentioned above, there existed an informal marriage, called “co-inhabitation”. In some sense, co-inhabitation was a breakthrough to the marriage system based on family status in ancient times. However, when marriage without the authority of the husband became prevalent, especially when co-inhabitation became legal, the stability of the system of marriage and family was destroyed.