Patriarchal Justifications in Roman Law: A Critical Examination of the Restrictions on Roman Women and their Justifications

Abstract

In ancient Rome, women navigated a legal framework characterized by systemic restrictions rooted in patriarchal social norms. Despite their recognized rights concerning property ownership and inheritance, women’s autonomy was consistently subordinated to male authority. Roman women, who were always kept under the control of men, not only tried to overcome the obstacles posed by the law in various forms, but also had to struggle with false constructs created by the sexist narratives used to justify her curtailment. This study critically examines such legal limitations that were reinforced by societal stereotypes designed to perpetuate male dominance and assesses the rationales provided by Roman jurists and writers for legitimization, while also questioning their accuracy and credibility. The discourse attributing these constraints to custom -ways of the forefathers-, perceived gender deficiencies, or alleged excesses of women reflects prejudiced assumptions constructed to both retrospectively justify and prospectively sustain existing power structures that support male domination and control.