Question

Killer of one's own father: Patricide, Homicide?

Answer 1

In ancient Rome, under specific circumstances, a father could kill his daughter's adulterous partner. This practice, known as 'parricide', was legally permitted in the Roman law called the Lex Julia.

Step-by-step explanation:

In ancient Rome, the practice of a father killing his own daughter's adulterous partner was allowed under specific circumstances. This was known as 'the killer of one's own father' which is referred to as 'parricide'. The Roman law, called the Lex Julia, permitted a father to kill an adulterer caught in the act with his daughter in his own house or in that of his son-in-law, regardless of their rank.

However, it was not legally acceptable for the father to kill only the lover and spare his daughter. If the father decided to commit parricide, he had to kill both parties at the same time and without much delay. The Romans believed that a father's decision to kill his daughter would be influenced by his love for her and would only be done if it was absolutely necessary.

Answer 2

In Roman law, the term for killing one's own father is patricide. The Lex Julia outlines specific conditions under which a father could legally kill his daughter and her lover for adultery. The husband was not given this right to prevent potential abuse and dowry seizure.

Step-by-step explanation:

The term for the killing of one's own father is patricide, while homicide refers to the killing of another human being in general. In ancient Roman law, as discussed in the Digest 48.5.24(23), the act of a father killing his daughter due to adultery was addressed with certain conditions. Under the Lex Julia, a father (pater familias) could execute both his daughter and her adulterous partner if caught in the act within his household, to be in compliance with the law.

Notably, this right was not extended to husbands due to concerns over potential abuse and fraudulent claims of adultery to seize the wife's dowry. Emperors Marcus Aurelius and Commodus further clarified the law, stating that if a father inadvertently killed only the adulterer while the daughter survived with serious injuries, he should be granted impunity, as the intent to kill both was present. It is critical to understand this in the context of the highly patriarchal Roman society, where the pater familias held significant authority over family members.