Women's rights
Rome

Roman law, similar to Athenian law, was created by men in favor of men. Women had no public voice and no public role, which only improved after the 1st century to the 6th century BCE. Freeborn women of ancient Rome were citizens who enjoyed legal privileges and protections that did not extend to non-citizens or slaves. Roman society, however, was patriarchal, and women could not vote, hold public office, or serve in the military. Women of the upper classes exercised political influence through marriage and motherhood. During the Roman Republic, the mothers of the Gracchus brothers and of Julius Caesar were noted as exemplary women who advanced the careers of their sons. During the Imperial period, women of the emperor's family could acquire considerable political power and were regularly depicted in official art and on coinage.

The central core of Roman society was the pater familias or the male head of the household who exercised his authority over all his children, servants, and wife. Girls had equal inheritance rights with boys if their father died without leaving a will. Similar to Athenian women, Roman women had a guardian or as it was called "tutor" who managed and oversaw all her activity. This tutelage had limited female activity but by the first century to sixth century BCE, tutelage became very relaxed and women were accepted to participate in more public roles such as owning and managing property or acting as municipal patrons for gladiator games and other entertainment activities Childbearing was encouraged by the state. By 27–14 BCE the ius tritium liberorum ("legal right of three children") granted symbolic honors and legal privileges to a woman who had given birth to three children and freed her from any male guardianship.

In the earliest period of the Roman Republic, a bride passed from her father's control into the "hand" (manus) of her husband. She then became subject to her husband's potestas, though to a lesser degree than their children. This archaic form of manus marriage was largely abandoned by the time of Julius Caesar, when a woman remained under her father's authority by law even when she moved into her husband's home. This arrangement was one of the factors in the independence Roman women enjoyed.

Although women had to answer to their fathers in legal matters, they were free of his direct scrutiny in their daily lives, and their husbands had no legal power over them. When a woman's father died, she became legally emancipated (sui iuris). A married woman retained ownership of any property she brought into the marriage. Girls had equal inheritance rights with boys if their father died without leaving a will. Under classical Roman law, a husband had no right to abuse his wife physically or compel her to have sex. Wife beating was sufficient grounds for divorce or other legal action against the husband.

Because of their legal status as citizens and the degree to which they could become emancipated, women in ancient Rome could own property, enter contracts, and engage in business. Some acquired and disposed of sizable fortunes, and are recorded in inscriptions as benefactors in funding major public works. Roman women could appear in court and argue cases, though it was customary for them to be represented by a man. They were simultaneously disparaged as too ignorant and weak-minded to practice law, and as too active and influential in legal matters—resulting in an edict that limited women to conducting cases on their own behalf instead of others'. But even after this restriction was put in place, there are numerous examples of women taking informed actions in legal matters, including dictating legal strategy to their male advocates.

Roman law recognized rape as a crime in which the victim bore no guilt and a capital crime. The rape of a woman was considered an attack on her family and father's honour, and rape victims were shamed for allowing the bad name in her father's honour. As a matter of law, rape could be committed only against a citizen in good standing. The rape of a slave could be prosecuted only as damage to her owner's property.

The first Roman emperor, Augustus, framed his ascent to sole power as a return to traditional morality, and attempted to regulate the conduct of women through moral legislation. Adultery, which had been a private family matter under the Republic, was criminalized, and defined broadly as an illicit sex act (stuprum) that occurred between a male citizen and a married woman, or between a married woman and any man other than her husband. Therefore, a married woman could have sex only with her husband, but a married man did not commit adultery when he had sex with a prostitute, slave, or person of marginalized status (infamis). Most prostitutes in ancient Rome were slaves, though some slaves were protected from forced prostitution by a clause in their sales contract. A free woman who worked as a prostitute or entertainer lost her social standing and became infamis, "disreputable"; by making her body publicly available, she had in effect surrendered her right to be protected from sexual abuse or physical violence.

Stoic philosophies influenced the development of Roman law. Stoics of the Imperial era such as Seneca and Musonius Rufus developed theories of just relationships. While not advocating equality in society or under the law, they held that nature gives men and women equal capacity for virtue and equal obligations to act virtuously, and that therefore men and women had an equal need for philosophical education. These philosophical trends among the ruling elite are thought to have helped improve the status of women under the Empire. Rome had no system of state-supported schooling, and education was available only to those who could pay for it. The daughters of senators and knights seem to have regularly received a primary education (for ages 7 to 12). Regardless of gender, few people were educated beyond that level. Girls from a modest background might be schooled in order to help with the family business or to acquire literacy skills that enabled them to work as scribes and secretaries. The woman who achieved the greatest prominence in the ancient world for her learning was Hypatia of Alexandria, who taught advanced courses to young men and advised the Roman prefect of Egypt on politics. Her influence put her into conflict with the bishop of Alexandria, Cyril, who may have been implicated in her violent death in the year 415 at the hands of a Christian mob.
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