Chapter

<b>Prostitution and the Law of the Jurists</b>

Thomas A. J. McGinn

in Prostitution, Sexuality, and the Law in Ancient Rome

Published in print February 2003 | ISBN: 9780195161328
Published online September 2007 | e-ISBN: 9780199789344 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195161328.003.0009
 Prostitution and the Law of the Jurists

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This chapter discusses the private law of the jurists with respect to prostitution and law-finding concerning prostitution. Roman private law never developed a comprehensive approach toward prostitution and its practitioners. The absence of such an approach is not merely a product of its casuistry but reveals its basic orientation as a law system designed by and for members of the upper classes. This fact suggests that for many purposes private law could ignore prostitution. All the same, problems related to the practice of prostitution did arise from time to time in scattered areas of the law. The classical juristic texts preserved by Justinian's compilers, supplemented in one case by a pair of texts taken from another postclassical collection, make it possible to take up the threads of policies fashioned for the procedural law and positive enactments. Two fundamental concerns emerge, which can be identified in general terms as the conservation of patrimony and the safeguarding of honor.

Keywords: ancient Rome; prostitution; jurists; law; slaves; sexual harassment; damaged goods

Chapter.  9338 words. 

Subjects: Classical Literature

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