重塑贞妇——《尤里乌斯惩奸法》述评

Regainning the chaste women: Some remarks on the Lex Iulia de adulteriis coercendis

共和末期,罗马战乱频仍,道德崩溃,淫乱日盛,为了重塑贞妇,荡涤暇秽,增强统治合法性,维护国家利益,奥古斯都于公元前18年颁布了《尤里乌斯惩奸法》。该法主要惩治已婚妇女的通奸行为,同时也将淫媒列为打击对象。对于犯奸之妇女,奥古斯都采用赋予家父以杀奸权、要求丈夫强制离异、公众告发、流放羞辱、禁止再婚等手段,以求达到自此之后无人犯奸的效果。但是,双重标准的采用、姘合制度的消融、规定之不合人性、法律自身的漏洞,都让这部法律最终成为虚器,这些教训对于我们今日依旧不无裨益。

In the late republican period, Rome underwent frequent wars and the collapse of traditional morality while lascivious conduct became more and more. In order to regain the chastity, cleanse the obscenity, enhance the legitimacy of his ruling and safeguard the national interests, Augustus promulgated the lex Iulia de adulteriis coercendis in 18 BC. This law mainly punished the adultery committed by married women, meanwhile it also made pimping its target. To make sure that there would be no adultery, Augustus took many measures, such as giving the right to kill the adulterer to the pater familias, requiring the husband to divorce, encouraging the public to prosecute, imposing banishment on the fornicated women and forbidding them to remarry. However, there were numerous factors including the adoption of double standards, the weakening impact of concubinage, the regulations' contrary to human nature and the loopholes in the law itself that made this law eventually become null and void. These historical lessons are still of no help to us today.