古代ローマの「名乗りの条件」の相続について : その歴史的展開の様相
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Ancient Rome had a special type of succession, i.e. succession on condicio nominis ferendi (the condition that the heir takes the testator's name). While scholars have paid little attention to the custom until now, its importance in Roman society should not be overlooked. Although the origin of succession on condicio nominis ferendi is unclear, one can certainly trace its existence to the Late Republic, contrary to Th. Mommsen and his followers. The cases of the testamentary adoptions of Dolabella, Tiberius, Drusus Libo, and Salvitto attest to this. Cicero's testimony suggests, moreover, that succession of this kind was not rare in his time. In the Principate, emperors were inclined to secure their successor to the throne by normal adoption. However, senators and other elites often used succession on condicio nominis ferendi instead of adoption, according to the prosopographical data of O. Salomies. This tendency among elites grew remarkably after the age of Augustus. Succession on condicio nominis ferendi probably replaced adoption, notwithstanding their essential differences, because contemporaries recognized the differences less and less. In the literary works of the Principate, they are both written in the same way, e.g. adoptare/adoptio, and in nomen adsciscere; the testator and the successor to his name are called father and son. Appearing as early as in the Late Republic, Caesar's famous adoption of Octavius illustrates this. Octavius at first was no more than the successor to Caesar's name, only becoming his son when the lex curiata authorized the adoption post mortem in August 43 B.C. Nevertheless, even before the event, everyone saw Octavius as Caesar's son. Contemporaries must have then identified succession on condicio nominis ferendi with adoption.
- 2009-08-20
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関連論文
- 古代ローマの「名乗りの条件」の相続について : その歴史的展開の様相
- 宮嵜麻子著, 『ローマ帝国の食糧供給と政治-共和政から帝政へ-』, 九州大学出版会, 二〇一一・三刊, A5, 二七九頁, 四六〇〇円
- 共和政ローマの「ノビリタス支配」: その実体理解のための一試論