Class Notes

Legitimacy in Ancient Civilization

Shapiro claims that the relationship between paternity and illegitimacy is the best way to trace the
history of the paternity lawsuit. Illegitimacy has been a concern for society for as long as there has been a
marital institution. It didn't matter if the father's identity was known or not if a child was considered a
bastard. It didn't matter whether or not the father came forward to claim the child as his own; the infant
still held the status as a bastard because of what has always been the mother's marital status at the time of
birth. Illegitimacy was dealt with in a straightforward manner in ancient times: the pregnant unmarried or
unfaithful lady was put to death. Old Testament law mandated the stoning to death of an adulterer and his
or her adulteress. There was no legal requirement to verify paternity under such a public policy. A public
policy like this made paternity less important.

Having a right to a name and a right to be considered in the family's property succession follows
for a legitimate child as a result of his or her status as a family member. A right to inheritance, unlike a
right to support, is not a fundamental part of the family. 4 The right, on the other hand, may be viewed as
a product of the family. Property was traditionally held by a social group, such as a family, rather than an
individual. Since the family is run like a business, the death of the patriarch is of no consequence. The
universitas juris as a whole is still under the family's control.