Studi sulla donna come soggetto attivo del reato nel diritto romano - PhDData

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Studi sulla donna come soggetto attivo del reato nel diritto romano

The thesis was published by Beggiato, Martina <1994>, in June 2023, Universita di Bologna.

Abstract:

The research aims to investigate the woman who commits a crime during the entire Roman legal experience. Through the analysis of the sources, with special reference to the literary ones, are analyzed the single illicit ones in which the woman herself could assume the qualification of active subject, which give rise to a large catalogue of cases related to the sexual sphere, although there are cases of ‘maiestas’ and, more generally, of conspiracy against the prince. In the present research, therefore, an attempt is made to investigate, starting from the particular condition recognized to women within Roman society, their ‘public’ dimension, which would have been damaged by the commission of the offence since the real, in this way, it would often compromise a superindividual value, namely modesty. It is precisely the violation of such a principle, such as to assume a central role in the sexual ethics of the ancient Romans, to justify the repression of female offences in the form of the crimen: it is therefore no wonder that the mulier, which has failed the family honour, is publicly sanctioned, being understood as crimes committed by the same as ‘attacks on the res publica’.



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