ORIGIN OF FAMILY LAW. THE FAMILY BEYOND ROME
Abstract
In the legal theory of modern law, an ideal Hegelian history and philosophy was built, in it, the law was established in a European history created, taught and globalized by coloniality of being-knowledge, this implies that the origin of many institutions or branches of law is considered in Greece or Rome, some with fortune in Egypt or Mesopotamia, civil law in general and family law in particular are not exempt from this, in the study books and programs of the degree in Law, family law appears its origin in Rome or at least, it is mentioned that Rome codified it and tried it better in the ancient world —this is far from reality, at least the indications indicate it—, on the other hand, currently 5 7 pillar cultures of humanity, are known by this name, because they are cultures without known cultural antecedents, the objective of this article is to know the family form in Mesopotamia, Bantu —the central coast North and East Africa, China and pre-American cultures, using a documentary, dialogical and critical methodology. In this research it was found that family law has a complex origin in these cultures, from polygamy to matriarchy, which gives a diverse historical narrative.
