Roman Law Concept And Great Jurists

Roman law concept and great jurists

Because the concept of law in the Roman period was understood in various ways we will talk about a multidimensional understanding. Among the various conceptions, we find law as Ius, as justice, such as iuris praeccepta or as iurisprudentia.

Right as ius, understood as the right and will of man. This expression opposes that of FAS, which means from the divine will. The differentiation of the IUS and the FAS is evident as a clear delimitation between law and religion. The philosopher Celso defined the ius as "ius est ars boni et aequi", which means the art of good and equitable.

Right as iustitia. This conception is related to the value of justice itself. The Roman jurist Ulpiano defines law as the “Constans et perpetua voluntas Suum Cuique Triuendi”, which is understood as the constant and permanent will to give each one their own in an equitable and corresponding way.

Right as iuris praeccepta. They are legal precepts in which the duties that law impose on humans are expressed. Ulpiano understands the concept of law as "iuris praeccepta sunt makes: hone.

Finally, right as iurisprudentia. In this conception the law was already conceived as science, but not any science, but one of the fair and the unfair.

The classic meaning of law in Rome could be encompassed, more precisely, like a tetralogy. These appreciations of law should be attributed the six conceptions raised by Professor Ricardo Orestano to have a more complete notion of this word.

The Roman genius and the great jurists

During the litigation process the solutions were given in an aesthetic and harmonious way, that is where the Roman genius appears. The beauty and elegance that was characteristic when solving a case in litigation, very much in spite of all the theoretical and practical difficulties was what is known as the Roman genius.

On the other hand, jurists investigate and study jurisprudence, in addition to being, as mentioned Justice.

When we study this discipline we must focus on Roman law Stricu Sensu, which is constituted by the set of principles, norms, sources and doctrines that directed and administered Roman law throughout their validity process, that is, from the foundation of Rome towards the middle of the seventh century to.C. Until the death of who was then emperor of the Roman Empire of the East, Justinian.