○Society of Guardianship○3 Types of Guardianship:1.When the father dies, then the child will be raised properly and ultimately take the father’s place.2.If there is no grandfather, the father designates someone in a will to take care of his son in the event that he is dead. 3.Making sure that the kid will inherit his property. When there is no heir andnobody is to inherit, then they have to assign guardianship to someone else outside of the family.○In summary, guardianship in Rome is...■Focuses on children’s property rights■Recognize the primacy of the male in family matters■Puts special protection for Roman-born children of high status○The Roman Empire was split into 2.■The capital of the Eastern part today is Constantinople.●This survived until 1453.■Byzantine Empire that survived carried on the Roman traditions.○Byzantine Empire■Its emperor was Justinian●He co-ruled with Theodora, his wife.■It was under Justinian’s rule that things changed with regard to children.●Exposure was outlawed and was classified as murder.
●The orphanage then was born.■The central role of the governing entity is now extending its responsibility to the care of children who are born into the world wherein the parents are not capable of caring for them.\○How Roman law dealt with criminal children:■If you are under the age of 7, you are considered an infant.●They are resolved from criminal responsibility.■If you are 8 years old to puberty, you will be given considerations.■They recognize the stages of growth.●There was no juvenile system yet, it was evolving over time.●During the Middle Ages, the idea of orphanages became widely embraced.○The political entity that remained from the Ancient Rome was the Catholic Church.●Catholic Church in the Middle Ages○In many ways, it is a Roman entity.○The Pope is the absolute ruler and rules by divine right.○It became the dominant political entity.○It became the provider of social services.○There was a spread and acceptance of the idea that the central state has a responsibility to care for children.
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