Porywanie kobiet jako zjawisko społeczne w późnym antyku. Moralność i prawo

Authors:

• Jacek Wiewiorowski

Abstract

Text is focused on abduction ( raptus ) of women in late antiquity in the light of imperial con- stitutions issued by Constantine the Great (306-337) and his successors, including Justinian the Great (527-565). First, it discusses in detail the legislation of Constantine against abduction of virgins – raptus virginis (C. Th. 9, 1, 1 - a. 316 = C. 3, 24, 1; C. Th. 9, 24, 1 - a. 326 ?). Author under -lines the value of the former constitution mainly as the legal privilege of senators which was fo- cused on di!erent kind of unlawful acts, involving abduction of a virgin. He points to the high - ly exceptional character of the la"er imperial enactment in the light of prior Roman laws, local customs and Christian teaching, especially with regard to the severe punishment by C. Th. 9, 24, 1 not only of the abductor and his assistants but the abducted maiden and her parents as well. Contrary to the general ban imposed by imperial law on abduction marriage, local customs disapproved of the abduction of women but also allowed to legalize this kind of union a#er obtaining approval from the woman’s family. Subsequently, the later imperial legislation concerning raptus is described with the special a"ention to the enactments of Justinian (C. 9, 13, 1 - a. 533; Nov. Iust. 143 =150 - a. 563). The la"er law is presented as an instance of limited practical impact of Roman imperial constitutions with regard to marriage. Finally, the author tries to combine the a"itude toward abduction marriage in the custom of late antiquity not only with the social tra -ditions but also with possible evolutionary roots of abduction of women, referencing the studies on the roots of human sexual aggression.