THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXVII ~ |
ALL
PERSONS ARE EQUALLY PERMITTED TO ADOPT. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
As
it is proper for those who exert their industry in the invention of
things beneficial to human life to enable all men to enjoy them, instead
of restricting their use to certain persons, thereby depriving others
of their advantages, it is much more desirable that the benefit of the
laws should be shared by everyone; for just as the subjects of a sovereign
should profit by all his virtues, so, likewise, We should enjoy the
common benefits of the law. But what is the object of this introduction?
When I remember that the legislator, with a view to diminish the sorrows
of those who have no children by conferring upon them the right of adoption,
and in this way enabling them to acquire the appearance of a benefit
that Nature refuses, has only bestowed this privilege upon fathers and
mothers who have lost their "off spring, and, on the other hand,
has denied it to eunuchs and to sterile women whom he did not deem worthy,
I cannot understand how he could establish rules so unworthy of his
consideration. For instead of increasing the misfortune of eunuchs,
who cannot become fathers, he should rather have permitted them to indemnify
themselves for this privation, just as he permits those who have lost
the members required for natural actions (such as the hands, the feet,
or any other part of the body) to use every possible means to supply
this defect. On the other hand, it is no more reasonable to deny to
sterile women the right of adoption. For why should this privilege be
conceded to a mother who has lost her children, and a woman who has
none be excluded from it, to live her entire life without any ? For
if the chief advantage of having children is that they may support their
parents in their old age, it is none the less just to grant them the
right of obtaining them.
Adoption affords persons who are poor the means of relieving their misery
by means of the assistance which they can expect from their children;
and it will be not less advantageous to those who are wealthy. An adopted
child devoted to the service of his adoptive mother will take the place
of her son, just as she will take the place of his mother; he will manage
her property; he will share her burdens, and procure for her a more
peaceful and quiet existence. Therefore, annulling the laws which deny
the right of adoption to eunuchs, and to women who have not now, nor
ever have had children, We grant it equally to both, not only on account
of the benefits resulting therefrom, but also because it contributes
to the preservation of virginity. For as many women prefer to remain
virgins than to marry, and nevertheless frequently have a desire for
children, they should not be tempted to sacrifice their virginity, when
they can see that they can obtain them without having recourse to marriage.
Nor is it true that a woman should not be permitted to adopt a child
for the reason that she cannot have it under her control; for if this
should be admitted, the privilege must be refused not only to those
who have never had issue, but also to such as have been mothers. The
law provides in a general way that a women cannot have children under
her control; but this rule has reference to those children who leave
their mother because they prefer to live alone, and is not applicable
to such as freely acknowledge her power, and consider it their duty
always to obey her. Hence the law does not prohibit this obedience which
is a species of voluntary servitude, although it is a rare occurrence,
and a woman is not deprived of parental authority, except where her
commands are not obeyed. If this is the case, why is it that many mothers,
who are widows, keep their children with them, retain them under their
control for their entire lives, die in their arms, and when dying, give
them their blessing, and leave them their property? We also decree for
the general welfare of Our subjects that hereafter they shall not only
be permitted to adopt by authority of the Emperor (as was provided by
the ancient laws), but also by that of any official who is entrusted
with the government of the district. |
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