Rome
The Second SexRome in The Second Sex is not a fixed backdrop but a case study in how law, family, and economic life repeatedly reshape women’s position. The account follows a shift from patriarchal control through the practical influence of Roman matrons to expanding legal rights, while insisting that formal emancipation does not by itself create the means to act independently. The city’s history thus makes visible a central distinction: a woman may gain rights on paper or authority within the household and still lack effective freedom in public life.
Rome and the Family Order
The chapter on Roman women frames their history through the tension between family and state. It suggests that after the death of Tarquinius, patriarchy became established as agricultural property and the private estate made the family the nucleus of society. Women were subordinated to that patrimony: excluded from public affairs and “masculine office,” treated as perpetual minors in civil life, and placed under guardianship that restricted their ability to manage inherited property. A woman’s father, or male relatives on his side, served as her guardian; marriage could then transfer authority to her husband.
The account distinguishes three forms of marriage with manus. In confarreatio, the couple offered a spelt cake to Capitoline Jupiter in a religious ceremony; coemptio represented a fictitious sale in which the father transferred his daughter; and usus arose from a year of cohabitation. Under manus, the husband replaced the woman’s father or male relatives and held power over her person and property. These arrangements make marriage a legal transfer of authority, but the system did not remain uniform: conflict between a woman’s paternal and conjugal families created space for changes in her legal position.
Household Authority and Legal Change
Even under restrictive law, a Roman matron could hold a substantial place in domestic life. The atrium, rather than the secluded gynaeceum associated with Greek women, was the center of her household. She supervised enslaved workers, directed children’s education, shared her husband’s concerns, and was regarded as a participant in family property. The account emphasizes the contrast between her limited civil independence and her practical integration into society: her duties could include agricultural work, and her domestic authority could extend beyond childhood into her children’s later lives.
The family court, established to settle disputes between a woman’s father and husband, illustrates the division of power within the household. It could provide recourse from one authority to the other, but did not make the woman an independent party in the modern sense. The text treats this difference between abstract legal status and concrete social role as historically important: a woman could be more restricted in law than a Greek woman yet wield greater influence in everyday family life.
As public authority strengthened, it challenged the power of individual family heads. Public courts took over matters such as adultery and divorce, and the state curtailed the competing powers that had constrained women’s person and property. Guardianship was gradually undermined; women could use fictitious marriages or cooperative guardians to escape some of its effects, and imperial legislation eventually abolished it. A woman’s dowry also provided a practical safeguard: her father had to provide it, it did not become her husband’s property, and she could seek its return through divorce. The source presents the possibility of sudden divorce as a substantial reversal of marital leverage.
Further changes concerned inheritance and children. From the end of the Republic, a mother’s claim to her children’s respect was recognized as equal to the father’s, and she could obtain custody in cases of guardianship or a husband’s misconduct. Under Hadrian, a mother with three children could inherit from a deceased person who had no heirs. Under Marcus Aurelius, the account says, the mother’s children became her heirs ahead of her male relatives; from 178 onward, daughters inherited like their brothers. These developments mark a significant alteration in the family’s legal structure, though they did not settle the broader question of women’s public agency.
Rights Without a Public Role
The text presents Roman women’s emancipation as real but incomplete. Women could inherit, make wills through the institution of the dowry, divorce and remarry, and hold rights regarding their children. Yet the source argues that these liberties were largely negative: women were released from some restraints without being given employment or public responsibilities through which to use their capacities. Economic independence consequently remained abstract, and the absence of political power turned women’s action into protest rather than participation in established institutions.
That tension appears in the account of the Oppian Law, a restriction on luxury passed during Rome’s danger from Hannibal. After the threat had passed, matrons demanded its repeal. Cato argued for retaining the law, but women assembled in the public square and their demonstration prevailed. The episode shows women acting collectively in public, while also illustrating how rare and contingent such power could be. The Velleian Senate decree later restricted women’s ability to enter contracts on behalf of others, nearly eliminating that legal capacity. The text reads this sequence as a recurring pattern: when women gained rights or practical independence, arguments about the supposed weakness of their sex could be used to justify new restrictions.
The resulting imbalance, the source says, produced varied responses rather than a single path. Women protested, pressured courts, and became involved in political conflict; some lived as partners alongside their husbands, while others rejected motherhood or divorced. In the late first and early second centuries, the account names Plotina as sharing Trajan’s responsibilities and public standing, and Sabina as becoming known for charitable deeds. It also cites women who chose not to outlive their husbands and devoted wives praised in Roman writing. In contrast, some matrons registered as prostitutes to avoid legal constraints on their sexual lives. These examples convey neither a simple advance nor a uniform decline: the weakening of older family expectations could open room for individual choices while leaving women without a common, recognized public role.
Rome in the Argument About Women’s History
Rome’s changing institutions support the book’s larger argument that women’s concrete situation cannot be read from legal rights alone. Under the Republic, the matron could possess household authority and social respect without legal independence; later, expanded individual rights could coexist with a lack of work or political power. The balance between law, custom, family authority, and economic role determines what freedom means in practice. The Roman case therefore unsettles any simple equation between formal emancipation and the ability to shape one’s own life.
The city also appears in the book’s account of gendered myth and social authority. Women are described as having participated in rituals and public life, but the text argues that political and social authority remained in men’s hands and that women were treated as goods exchanged between male groups rather than as an autonomous group. Roman marriage and household hierarchy thus belong to a wider historical account in which women’s status is defined through relations among men. The account also notes the contrast between the Roman wife’s social presence and the more restricted position of Greek women, and discusses the Roman ritual in which a fiancée sat on a stone phallus as a fertility rite. In this way, Rome figures both as a specific legal history and as evidence for the book’s broader inquiry into how institutions and customs turn gender difference into social hierarchy.
The book’s final historical assessment returns to Rome as an example of the gap between material influence and independent action. Roman matrons’ campaign against the Oppian Law is counted among collective demonstrations, but women’s interventions are characterized overall as secondary and occasional, dependent on circumstances and on the willingness of men to yield. The Roman evidence therefore complicates a linear story of progress: rights and household power could expand, contract, or be redirected, while women still lacked the durable collective means to establish themselves as political subjects. The history matters not because it offers a single model of women’s liberation, but because it shows how changes in law become meaningful only when joined to the economic and social conditions that make action possible.