Roman law shows, from its origins, an obvious propensity for universality. That is clearly manifested, at the ‘foundation’ of the system, in the Constitutions with which Justinian accompanies the launching of the Corpus Iuris Civilis, but it undoubtedly goes back to the age of Romans’ identification of ius gentium, at the basis of which we find the naturalis ratio. State-legalism has not been able to cut off this umbilical cord with Roman law and with the natural reason supporting it. Roman law, still in force though no longer effective, is the driving force underlying modern codification efforts and must be cherished by modern jurists as a common heritage of humanity. The preservation of its values, which revolve around the centrality of the human person (bona fides, aequitas, libertas, voluntas, etc.) is the challenge that all of us, as jurists, must be capable of taking up.
The System of Roman Law as Common Heritage of Mankind / Saccoccio, Antonio. - In: REVISTA JURÍDICA DIGITAL UANDES. - ISSN 0719-7942. - 6/2:(2022), pp. 1-22. [10.24822/rjduandes.0602.1]
The System of Roman Law as Common Heritage of Mankind
antonio saccoccio
2022
Abstract
Roman law shows, from its origins, an obvious propensity for universality. That is clearly manifested, at the ‘foundation’ of the system, in the Constitutions with which Justinian accompanies the launching of the Corpus Iuris Civilis, but it undoubtedly goes back to the age of Romans’ identification of ius gentium, at the basis of which we find the naturalis ratio. State-legalism has not been able to cut off this umbilical cord with Roman law and with the natural reason supporting it. Roman law, still in force though no longer effective, is the driving force underlying modern codification efforts and must be cherished by modern jurists as a common heritage of humanity. The preservation of its values, which revolve around the centrality of the human person (bona fides, aequitas, libertas, voluntas, etc.) is the challenge that all of us, as jurists, must be capable of taking up.| File | Dimensione | Formato | |
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