Nascere diversi nell’antica Roma

Abstract

The analysis is mainly concerned with the condition of infants, in particular the problem of neonatal deformity in ancient Rome. The incidence of deformed births must have been considerable, if tradition records specific provisions on the exposure of deformed infants as far back as royal times. From the narratives of the historians, it can be deduced that deformity greatly impressed the ancient Romans, who were very superstitious in this regard, as can be seen from the very terminology used (monstrum, portentum, ostentum, prodigium etc.). The entity of the deformity thus became a discriminating factor for the very purpose of considering the child born as belonging to the human species, an essential requirement for the purposes of legal subjectivity. If for the Romans hominum causa omne ius constitutum est, not only are subhuman animals and gods outside the law, but also severely deformed beings, those born of women who lack human form or present significant irregularities with respect to the normal structure.