Roman Law in the Writings of Paul: Adoption

Abstract

SOME three years ago Professor G. M. Taylor suggested that in Galatians Paul used the word Ltarts to denote the Roman institution of fidei commissum or an exact Galatian equivalent.' He finished his article with the statement, If Paul can have known about fidei commissum, and if it befits his argument, it is certainly arguable that he actually used it. Professor Taylor's point therefore depends upon knowledge and its suitability. I wish here to take this up from the point of view of a Roman lawyer, using it to suggest a Roman content for the much discussed concept of adoption, which Professor Taylor seems to assume. In so doing I accept the Pauline authorship of those epistles traditionally ascribed to him, and, for the same reasons as Professor Taylor, rely on the de Zulueta edition of Gaius' Institutes.2 Paul uses the metaphor of adoption five times in all, in three places in Romans and once each in Ephesians and Galatians. Of all his expressions it is one of the most discussed. Some are content to see in it only the de facto adoption that existed in British law until the passing of the Adoption Acts in this century.3 Others refer the concept to Jewish law and even the deliverance of the children of Israel at the exodus.4 It is true that here and there the Roman content is put,5 but it is not adequately substantiated and more formal suggestions seem not