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Marcus Aurelius

The Second Sex

Marcus Aurelius appears briefly in the historical account of Roman family law as the emperor under whose rule a major inheritance reform took effect. From 178 onward, a mother’s children became her heirs ahead of her male relatives, and daughters inherited on the same basis as sons. The example marks a shift in the legal standing of mothers and daughters within the family, rather than an account of the emperor’s personal life or wider reign.

The Inheritance Reform

The reform changed who could inherit through a mother. Previously, Roman family and inheritance arrangements gave substantial weight to male relatives and paternal lines; under the rule associated with Marcus Aurelius, a mother’s children took precedence over her male relatives in inheriting from her. The change recognized the maternal relationship as a direct basis for succession.

The account places this development within a series of earlier legal changes. Roman mothers had gained a right to succession when they had three children and the deceased left no heirs. By 178, the family’s legal basis had, in the book’s formulation, shifted toward blood relationship: a mother’s children were her heirs, and a daughter inherited like her brothers.

Significance in Roman Family History

The reform is presented as the culmination of an evolution in the Roman family, making the mother legally equal to the father in inheritance. Its significance lies in the contrast between women’s formal subordination in earlier Roman arrangements and their increasing recognition as members of the family with rights of their own. The change did not erase the broader history of restrictions on women, but it altered the way succession recognized maternal ties.

Marcus Aurelius’s role in this account is therefore specific and institutional: his reign provides the setting for a legal change that strengthened children’s claims through their mother and established equal inheritance for daughters and sons. The example supports the book’s wider distinction between abstract legal status and women’s concrete position, showing how rights within the family could change through particular rules of property and succession.

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