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Children, Memory, and Family Identity in Roman Culture$
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Véronique Dasen and Thomas Späth

Print publication date: 2010

Print ISBN-13: 9780199582570

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199582570.001.0001

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Rome: The Invisible Children of Incest

Rome: The Invisible Children of Incest

Chapter:
(p.311) 13 Rome: The Invisible Children of Incest
Source:
Children, Memory, and Family Identity in Roman Culture
Author(s):

Philippe Moreau

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199582570.003.0014

This chapter deals with children born of a union considered by ancient Romans as incestuous, mainly from a legal point of view, since we lack any evidence about their social life, with one exception (Digest 23.2.57a: Flavia Tertulla's children). Romans did not doubt that such an union could result in viable descendants, in spite of Pope Gregory the Great's letter to Augustine of Canterbury, and they were only worried about kinship terms for these children. For imperial jurists, from Gaius down to Justinian, these children were not to be treated differently from the other illegitimate children (spurii). But under Justinian's reign, the legislation worsened the plight of incestuous children, mainly due to the development of a policy of deterrence towards potential incestuous pairs.

Keywords:   Augustine of Canterbury, children, Flavia Tertulla, Gregory the Great, imperial constitutions, incest, lawyers, Libellus responsionum, Novella

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