Roman Woman on Trial: Limited Access to Justice
摘要
In the ancient Roman world, justice was not accessible to everyone. Due to prejudices rooted in the law regarding natural inferiority (imbecillitas mentis), sexual weakness (infirmitas sexus), and lightness of the spirit (levitatem animi), it was almost impossible and utterly disgraceful for a woman to speak in public. A woman could bring a request (postulare) on her behalf only in civil cases. If she was under the tutela mulierum, she would need authorisation from her tutor. She was not generally allowed to represent others in court. Classical jurists associated this with the general ban on women interceding for another, outlined in the first century S. C. Velleanum. Also, she was denied the right to access litigation as a witness. Women were also restricted from bringing accusations in criminal procedures (iudicium publicum), such as murder or adultery, unless they or a close relative were victims. Another exclusion of women’s access to court is the impossibility of women to report to the fiscal court the persons who have not paid inheritance tax. As we can see, women´s right to initiate legal proceedings was restricted, as well as the right of representation and testimony. However, in Roman history, there were examples of women who overcame legal obstacles and managed to make a mark in Roman litigation. While trying to overcome the patriarchal Roman justice system, they faced condemnations in the form of infamy and calumnia. This paper sheds light on these pioneering women, but also emphasizes the enduring legacy of their exclusion and highlights the importance of developing gender-sensitive judicial reasoning today.