The Roman Law of Persons

The Roman Law of Persons

In Roman Law, the rights of individuals were inextricable from the context of the family unit. Modern family law and even corporate law can trace roots back to the Roman institutions that governed marriage, guardianship, and business partnerships.

Questions covered include: How were business and household decisions handled in a Roman family unit? If every person has natural individual rights, what considerations should guide decisions made by a guardian of another person? What can the Roman Law of marriage teach us about the roots of modern marriage laws?

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1 of 5: What Does the Natural Law Say About Individual Persons? Guardianship and Incompetence [No. 86]

If every person has natural individual rights, what considerations should guide decisions made by a guardian of another person? Professor Richard Epstein discusses guardianship arrangements and duties between parents and children. Parents are natur ... If every person has natural individual rights, what considerations should guide decisions made by a guardian of another person?

Professor Richard Epstein discusses guardianship arrangements and duties between parents and children. Parents are naturally inclined to nurture their children, and the legal system only intervenes if there is abuse or neglect. Similarly, in the case of an elderly parent or incapacitated relative, the family should exercise a considerate guardianship and closely monitor any third party caregiver.

Professor Richard Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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