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Legal History

Southern Methodist University

Inheritance

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Inheritance Rights Of Nonmarital Children In Late Roman Law, Joshua C. Tate Jan 2008

Inheritance Rights Of Nonmarital Children In Late Roman Law, Joshua C. Tate

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Late Roman legislation regarding the inheritance rights of nonmarital children is a tangled web of seemingly conflicting constitutions. Focusing on the period 371-428 AD, this Article argues that, when two particular Western laws from that era are considered alongside others issued at the same time, it is possible to discern some wider legislative trends that may help to contextualize the different attitudes shown toward nonmarital children. C.Th. 4.6.4 (371), a Western law beneficial to nonmarital children, can arguably be linked with another Western law issued shortly afterward granting a privilege to the daughters of actresses, another disfavored class in the …