THE DIVORCE OF CARVILIUS RUGA by ALAN WATSON (Oxford) I. An attempt to trace the main outline of the history of divorce in Rome in the very early period is largely an attempt to explain two conflicts or, at least, two apparent conflicts in the texts, both of which are connected with the divorce of Carvilius Ruga. II. First. On the one hand it would appear and is generally accepted 1) that the XII Tables contained a provision about divorce. The main text adduced for this view is Cicero Phil. 2.28.69 : ... illam suam suas res sibi habere iussit ex duodecim tabulis, clavis ademit, exegit 2). The other text cited in this connexion, D. 48.5.44, from Gaius' third book on the XII Tables, with its si ex lege repudium missum non sit confirms the existence in the XII Tables of some provision on the subject of divorce 3). On the other hand, there is the very strong Roman tradition that the first divorce was that of Spurius Carvilius Ruga. It is so described by Dionysius of Halicarnassus, Plutarch, Valerius Maximus and Aulus Gellius 4). 39 Dionysius Antiq. 2.25.7: Plutarch Quaest. Rom. 14 5) : Theseus-Romulus. 35. .
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1965
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