The juspuniendi at the roman home and the humanization of the family relationships

Abstract

The family is one of the legal institutions that has most evolved through the time. Its historical tracking allows not only the comprehension of its transformation as an institute, but much of the general process of humanization of the Law. The family evolution is due to the modification in kinship systems. Gradually, blood links have been incorporated as a basic element and has been developed a legal regulation that aims parity inside the home. Under the growing influence of Christianity, the Roman law was attenuating the disciplinary powers of the paterfamilias, in particular the right to freely arrange the death of the wife and children without the intervention of judges (jus vitae necisque). In this historical context, this paper summarizes the development of private jus puniendi and the ethical and legal progress associated to the transformation of the family.