Papers by Monica De Simone
The paper proposes a brief overview of the evolutionary processes along which the legal status of... more The paper proposes a brief overview of the evolutionary processes along which the legal status of filii familias developed during the Late Antiquity period, with particular reference to the role they assumed as decurionum filii in the government of the civitates.
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The paper proposes a revised analysis of D. 10.2.7 (Venul. 7 stip.), from which it seems reasonab... more The paper proposes a revised analysis of D. 10.2.7 (Venul. 7 stip.), from which it seems reasonable to suggest that Venuleius discussed a particular kind of co-inheritance: the coniunctim attribution of a hereditas or an inheritance quota regarding two heirs. The
substantially classical text, which can be glimpsed therein, offers evidence of the coexistence of different patterns of co-inheritance in classical private Roman law.
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The paper will propose a revised analysis of the speech, which was delivered by Cicero on behalf ... more The paper will propose a revised analysis of the speech, which was delivered by Cicero on behalf of Marcus Caelius. Numerous studies have shown the importance of the rhetorical aspects of this speech. The aim of this analysis is to examine its legal aspects. Firstly, many sources containing abundant evidence regarding the causae de vi ex lege Plautia will be examined in order to identify, among the many allegations made by opponents of this causa, those for which Caelius ex lege Plautia was responsible. Secondly, having identified the ex lege Plautia charges, the defensive strategy, which is specifically aimed at defending Caelius from the charge of Dione’s murder, will be thoroughly analysed. The purpose of this analysis is to demonstrate that Cicero obtained the acquittal of Caelius because he was able to prove that the charges, which were connected to the mors Dionis, the crimen auri and the crimen de veneno, were unfounded. Cicero was also able to summarize all of the allegations into one piece of evidence: the ambiguity of the role of Clodia as a witness.
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Basing her study on Bernardo Albanese’s interpretation of the syntagm ‘proletarius iam civis’ – w... more Basing her study on Bernardo Albanese’s interpretation of the syntagm ‘proletarius iam civis’ – which
is uphold as the original content of XII Tab. 1.4 – the author intends to take to heart the results
gained by the Scholar from Palermo, who acknowledged an early link between proletarius and proles,
and a primary meaning of proles closely related to the idea of belonging to civitas. Hence, the author
proposes to resurvey the literary and legal tradition that coupled proletarius and proles, by considering
the interpretation of the Festus’s lemma proletarium. Such interpretation is the effective evidence of a
long-lasting tradition that, undeniably stemming from the decemviral precept that embodied the syntagm
proletarius iam civis, joined proletarii with proles and progenies as suitable terms for showing the
legal condition which is also represented through other terms such as suboles, liberi and filii familias.
Therefore, the relation between the terms proletarius and proles would have been built because of their
mutual suitability for expressing the idea of ‘belonging to a community’. In conclusion, the author
proposes that Cic., leg. 3.7, where the syntagm ‘problem discribunto’ is comprised, should be attributed
to such a tradition as well.
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The aim of this study is to shed light on an ancient custom of the pater familias, which the text... more The aim of this study is to shed light on an ancient custom of the pater familias, which the texts refer to as filiam abducere, which legitimated the pater familias to take back the married daughter, in order to clarify the origins, up to this moment ignored, in the Ancient Roman Civil Law. Such "filiam abducere" originated from an act through which the father gave away the daughter in marriage, "mandare fidei viro", based upon fides. The ruptio fidei legitimated him to ‘filiam abducere’. With the intervention of friends as witnesses, the father took back the filia from the abode (the marital domus) where she had been locata and from the man to whom she had been mandata, so carrying out a ritual act of self protection, which probably resulted in the use of a manum inicere without trial.
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Books by Monica De Simone
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Papers by Monica De Simone
substantially classical text, which can be glimpsed therein, offers evidence of the coexistence of different patterns of co-inheritance in classical private Roman law.
is uphold as the original content of XII Tab. 1.4 – the author intends to take to heart the results
gained by the Scholar from Palermo, who acknowledged an early link between proletarius and proles,
and a primary meaning of proles closely related to the idea of belonging to civitas. Hence, the author
proposes to resurvey the literary and legal tradition that coupled proletarius and proles, by considering
the interpretation of the Festus’s lemma proletarium. Such interpretation is the effective evidence of a
long-lasting tradition that, undeniably stemming from the decemviral precept that embodied the syntagm
proletarius iam civis, joined proletarii with proles and progenies as suitable terms for showing the
legal condition which is also represented through other terms such as suboles, liberi and filii familias.
Therefore, the relation between the terms proletarius and proles would have been built because of their
mutual suitability for expressing the idea of ‘belonging to a community’. In conclusion, the author
proposes that Cic., leg. 3.7, where the syntagm ‘problem discribunto’ is comprised, should be attributed
to such a tradition as well.
Books by Monica De Simone
substantially classical text, which can be glimpsed therein, offers evidence of the coexistence of different patterns of co-inheritance in classical private Roman law.
is uphold as the original content of XII Tab. 1.4 – the author intends to take to heart the results
gained by the Scholar from Palermo, who acknowledged an early link between proletarius and proles,
and a primary meaning of proles closely related to the idea of belonging to civitas. Hence, the author
proposes to resurvey the literary and legal tradition that coupled proletarius and proles, by considering
the interpretation of the Festus’s lemma proletarium. Such interpretation is the effective evidence of a
long-lasting tradition that, undeniably stemming from the decemviral precept that embodied the syntagm
proletarius iam civis, joined proletarii with proles and progenies as suitable terms for showing the
legal condition which is also represented through other terms such as suboles, liberi and filii familias.
Therefore, the relation between the terms proletarius and proles would have been built because of their
mutual suitability for expressing the idea of ‘belonging to a community’. In conclusion, the author
proposes that Cic., leg. 3.7, where the syntagm ‘problem discribunto’ is comprised, should be attributed
to such a tradition as well.