I N D E X
To appreciate the full significance of the apostle's figures in Galatians
3 and 4, they must be viewed in the light of the law of adoption -- and more
particularly, the Greek law of adoption.  At the same time it must be remembered
that Paul also uses the term in Romans, so that we must also bear in mind the
Roman law on the subject:
`The adopted son became a member of the family, just as if he had been
born of the blood of the adopter; and he was invested with all the
privileges of a filius familias.  As a matter of fact it was by this means
that the succession amongst the Caesars was continued.  It never descended
from father to son.  What with poison, divorce, luxury and profligacy, the
surviving members of a family were few, the descent suffered constant
interruption, and whole families disappeared ... In no case amongst the
Caesars did the throne pass from father to son ... Augustus was the great
nephew of Julius Caesar, and was adopted from the Octavian into the Julian
gens.  Tiberius was no relation at all to his predecessor: he was merely
the son of Augustus's wife, Livia, by Tiberius Claudius Nero.  Here we
have the introduction of another family -- the Claudii ... Nero was the
great nephew of his predecessor Claudius, who had adopted him in the year
a.d. 50' (Septimus Buss).
Adoption was of two kinds: adoption proper, and adrogation.
Adoption proper.-- It must be remembered that the father in Roman law had
absolute control over his family, possessing the same rights over his children
as over his slaves.  By this patria potestas the son was deprived of the right
to own property, and the father could inflict any punishment he thought fit,
even to the extent of the death penalty.  He could also sell his son into
bondage.  According to the law of the XII Tables, however, a father forfeited
his potestas if he sold his son three times.  For this reason, in the case of
adoption, a legal ceremony took place in which the father went through the
process of selling his son three times, and the son passed over completely to
the potestas of the adopter.  In later times
the cumbersome ceremony was substituted by a simple declaration before the
Praetor or Governor.
Adrogation.-- When the person to be adopted was his own master, he was
adopted by the form called adrogation (from the word for `ask', since in this
case the adopter, the adopted, and the people were `asked' rogatur).  The law
demanded that the adopter should be at least eighteen years older than the
adopted, for, says Justinian:
`Adoption imitates nature, and it seems unnatural that a son should be
older than his father' (Justinian).
`Adoption was called in law a capitas diminutio, which so far annihilated
the pre-existing personality who underwent it, that during many centuries
it operated as an extinction of debts' (W. E. Ball).
Adoption involved:
a change of family.-- The adopted person was transferred from one
(1)
gens to another.
a change of name.-- The adopted person acquired a new name: for he
(2)
assumed the name of his adopter, and modified his own by the
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