Agnation
idea · 2 works · 2 mentions · 4 anchored passages
Agnates · Agnatic Relationship · agnatio · agnation · ius agnationis
spoken of as
1 expressionAgnatio“agnation”1 mention
Institutes of Roman Law (English)
Nec solum maioribus 〈capitis〉 deminutionibus ius agnationis corrumpitur, sed etiam minima;
in the texts
Institutes of Roman Law
Kinship traced through male ascendants, the civil-law basis for statutory guardianship rights.
Nec solum maioribus 〈capitis〉 deminutionibus ius agnationis corrumpitur, sed etiam minima;
Sed agnationis quidem ius capitis deminutione perimitur, cognationis uero ius eo modo non commutatur, quia ciuilis ratio ciuilia quidem iura corrumpere potest, naturalia uero non potest.
Capitis deminutio extinguishes rights by agnation, while it leaves unaffected rights by cognation, because civil changes can take away rights belonging to civil law (jus civile), but not rights belonging to natural law (jus naturale).
Ancient Law
The archaic Roman conception of kinship traced exclusively through males under a common paternal power.
it is the relationship arising through common descent from the same pair of married persons, whether the descent be traced through males or females.
In Agnation too is to be sought the explanation of that extraordinary rule of English Law, only recently repealed, which prohibited brothers of the half-blood from succeeding to one another’s lands.
if then, in tracing the various branches of such a genealogical table or tree, we stop whenever we come to the name of a female and pursue that particular branch or ramification no further, all who remain after the descendants of women have been excluded are Agnates, and their connexion together is Agnatic Relationship.