By Oudshoorn, J.G.
Utilizing a department among considerable and formal legislation because the key point for knowing the appropriate legislations in papyri, this learn bargains a brand new figuring out of the special components Roman and native legislation performed within the criminal truth of second-century Arabia.
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Extra resources for The Relationship between Roman and Local Law in the Babatha and Salome Komaise Archives
See Hannah M. Cotton, “Deeds of Gift and the Law of Succession in the Documents from the Judaean Desert,” Akten des 21. 1995 (Band I; Archiv für Papyrusforschung, Beiheft 3; ed. B. Kramer; Stuttgart: Teubner, 1997), 179–188; she came back to the conclusiveness of the evidence in another article on the subject (“The Law of Succession in the Documents from the Judaean Desert Again,” SCI 17 : 115–123), stating that the gifts in the archives in themselves cannot prove that the daughter had no right to inherit.
This information can be understood as being of social-historical importance, shedding further light on the position of women in ancient society, but it also has legal implications. The way in which women are represented as capable or incapable of doing certain things might give an indication of the legal system or law applicable in the acts. Judicial documents in which one of the parties is a woman reveal more about the law behind the documents than documents do in which all parties are male. Therefore, archives like the Babatha and Salome Komaise archives are especially suited to study the legal system(s) or law(s) used in the documents.
See detailed discussion of marriage contracts in Chapter 6 below. Yadin 10 and 18, 424ff. below. 48 For a family tree see Cotton, “The Archive of Salome Komaise,” 172. Hever 63, where their deaths are mentioned. Hever 61, which is most probably his land declaration (see Cotton in Cotton/Yardeni, 174). 50 This mother made a gift to Salome in another document. 51 The marriage contract mentioned above concerned Salome’s marriage to her second husband. 52 before the date of the first papyrus in the archive.
The Relationship between Roman and Local Law in the Babatha and Salome Komaise Archives by Oudshoorn, J.G.