LISTSERV mailing list manager LISTSERV 16.0

Help for ANAHITA Archives


ANAHITA Archives

ANAHITA Archives


ANAHITA@LSV.UKY.EDU


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

ANAHITA Home

ANAHITA Home

ANAHITA  July 1997

ANAHITA July 1997

Subject:

Re: Epikleroi

From:

Douglas Domingo-Foraste <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Tue, 29 Jul 1997 18:06:27 -0800

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (80 lines)

Kirk Ormand wrote:
> The principle
> seems to be that Athens wanted the property to stay within the paternal
> *oikos*, as defined by a bloodline that goes through the males.
>
> Now, the problem:  according to MacDowell, *The Law in Classical Athens*,
> if such a woman was already married (outside of the paternal bloodline)
> *and had already produced a male child when her father died,* she does
> *not* become an *epikleros*.  Rather, MacDowell says, ". . .if she had a
> son, he was the heir, being the deceased man's grandson, and she was not an
> *epikleros*." (p.96). MacDowell doesn't cite a source for this conclusion,
> and it doesn't seem quite right to me. Wouldn't the woman's *husband* view
> her son as his heir, and wouldn't it be odd to have the paternal bloodline
> continued only through the woman, in this way?  It seems counter to the
> institution of the *epikleros* generally (otherwise, why legislate that she
> must marry a paternal relative?)
>
> So, the question:  does anyone on this list know of primary sources that
> would indicate the status of a woman, married and with a male child, whose
> father dies without sons?  I presume that there must be relevant legal
> speeches, but nothing I've found addresses this issue specifically.

S.C.Todd, *The Shape of Athenian Law* (1993) 230-1 brings up the problem
you mention re the function of the epikleros though not quite from the
same angle.  He challenges D.M. Schaps', *The Economic Rights of Women
in Ancient Greece* (1979) 32-3 argument that since an existing son of a
woman without brothers inherited his maternal grandfather's estate
without necessarily being adopted posthumously, the purpose of the
epikleros system was to protect the epikleros herself, not to "preserve"
the oikos.  Todd cites the rejoinder by N.R.E. Fisher, review of Schaps
*CR* 31 (1981) 72-4 that when the woman had two sons, the practice of
posthumous adoption of one into the oikos of the maternal grandfather
may have allowed each oikos to continue distinctively.  With direct
bearing on your question Todd notes, "As the father of an only daughter
at Athens, what ideally you would prefer is to have a grandson who will
preserve the distinctiveness of your oikos, presumably by posthumous
adoption.  If, however, your daughter produces only one son, it might be
better to have your oikos subsumed into that of a close relative than
for it to die out completely:  even a man inheriting two oikoi may
display some filial or cultic obligations to them both." (231)  I'd see
Todd for other citations.  Sorry I don't have readily available the
sources for you on the mothers with existing sons.


Since first cousin marriage was the preferred type of marriage, oikoi
were invariably being partially recombined from the same stock anyway.
In some sense the job of the nearest paternal relative has already been
accomplished, that is to produce an heir.

> why legislate that she must marry a paternal relative?

If the nearest paternal relative did not wish to marry her, he could
arrange for someone else to do so; so there was no rigid requirement
that this heir come from the same *male* genetic material as the
deceased. Athenian law was, as Todd says, "flexible."
--
Douglas Domingo-Forasté, Ph.D.
Assoc. Professor of Classics and Chair
Dept. of Comparative Literature and Classics
California State Univ., Long Beach
Long Beach, CA   90840-2404
(562) 985-4241 voice
(562) 985-4239 message
(562) 985-4863 FAX
[log in to unmask]

----------------------------------------------------
ANAHITA:
** To unsubscribe send the message 'UNSUBscribe ANAHITA' to
[log in to unmask] with a blank subject line.
** To subscribe send the message
'SUBscribe ANAHITA Firstname Lastname' to
[log in to unmask] with a blank subject line.
** To post to the group, send your message to [log in to unmask]
** If you have any trouble, send a message about it to
the list owners at the generic address:

                       [log in to unmask]

Diotima's address: http://www.uky.edu/ArtsSciences/Classics/gender.html

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

March 2000
February 2000
January 2000
December 1999
November 1999
October 1999
September 1999
August 1999
July 1999
June 1999
May 1999
April 1999
March 1999
February 1999
January 1999
December 1998
November 1998
October 1998
September 1998
August 1998
July 1998
June 1998
May 1998
April 1998
March 1998
February 1998
January 1998
December 1997
November 1997
October 1997
September 1997
August 1997
July 1997
June 1997
May 1997
April 1997
March 1997
February 1997
January 1997
December 1996
November 1996
October 1996
September 1996
August 1996
July 1996
June 1996
May 1996
April 1996

ATOM RSS1 RSS2



LSV.UKY.EDU

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager