Definition
*Intra luctus tempus* is a Latin maxim meaning "within the time of mourning." In Roman and civil law, it denoted a prescribed period following the death of a husband during which a widow was legally prohibited from remarrying. The prohibition served two purposes: to preserve the memory and honor of the deceased, and — more practically — to prevent uncertainty about the paternity of any child born after the husband's death. A child born within this period might plausibly have been conceived before the husband died, creating inheritance and legitimacy complications if the widow had already taken a new husband.
Why It Matters in Research
This term will appear almost exclusively in sources treating Roman law, canon law, or early civil law materials. Researchers encountering it in historical documents should understand it as part of the broader Roman legal framework governing the *tempus lugendi* — the formal mourning period — rather than as a freestanding procedural rule. The Codex reference in Black's (Cod. 9, 1, auth.) points to Justinian's *Corpus Juris Civilis*, indicating the term's roots in late Roman imperial legislation. Researchers working in early American or Louisiana civil law materials may encounter the underlying concept without the Latin phrase, as later common law jurisdictions absorbed the paternity-protection rationale into their legitimacy doctrines while discarding the formal mourning-period framework. The phrase itself is unlikely to appear in modern case law or statutory text; if a researcher encounters it in a 19th-century treatise or civil law digest, it is being used in its classical sense.
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) provides a minimal but accurate entry: "Within the time of mourning. Cod. 9, 1, auth." The brevity reflects that this is a term of art from Roman law rather than a live common law doctrine. Black's offers no elaboration on the duration of the mourning period or its legal consequences — both of which were defined in the Roman sources. Under classical Roman law, the mourning period (*tempus lugendi*) was typically set at ten months following the husband's death, a figure chosen because it corresponded to the maximum duration of a recognized pregnancy, thereby ensuring that any child born after that interval could not be attributed to the deceased husband. Later sources, including Justinian's codification, refined these rules. Historical dictionaries generally do not engage with this term beyond its literal translation, leaving the researcher to consult civil law treatises for the substantive content.
Jurisdictional Note
This concept has no operative force in modern common law jurisdictions. It retains historical relevance in civilian jurisdictions and in the study of Roman, canon, and early civil law. Louisiana legal history may surface the underlying doctrine, though not necessarily under this Latin formulation.