Augustus and the Economics of Adultery
This chapter examines Augustus’ legislation criminalizing adultery in the light of first-century BCE social arrangements that allowed Roman noblewomen to manage property without interference from their husbands and sometimes with little input from natal kin. During and after the Second Punic War (218–201 BCE), concentration of wealth in female hands had triggered major legal changes and produced a corresponding shift toward marriage sine manu (“free” marriage). By the end of the Republic, the phenomenon of legally independent (sui iuris) women controlling their finances, especially with purely nominal oversight from tutors, created apprehension among husbands without a say in their wives’ dealings and arguably contributed to widespread concern over female sexual license. Responding to such anxieties, Augustus’ adultery law imposed economic penalties upon convicted women that, in addition to serving as deterrents, probably facilitated the transfer of property out of irresponsible (female) hands into the hands of those more deserving.