The Meaning of Monstra in the Roman Law Tradition
The Meaning of Monstra in the Roman Law Tradition
Author(s): Antonio Villanueva MartínezSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: monstra; pax deorum; person; legal personality; Roman law; Spanish Civil Code
Summary/Abstract: The starting point for understanding the concept of monstra in Roman law is an etymological analysis of concepts such as prodigia, promonstra. The evolution of the latter term led to the disappearance of the prefix prod-, meaning anticipation. Monstra thus became the realisation of a miracle, that is, an event foretold by the gods, which also represented a warning and the necessity to ritually sacrifice a monstrosity in order to restore the pax deorum. In Roman law, on the other hand, the term monstra meant any being or behaviour that was contrary to the law of nature and, consequently, to civil law. This broadened the perception of the term, which originally had a more precise religious as well as legal meaning.
Journal: Z Dziejów Prawa
- Issue Year: 23/2022
- Issue No: 15
- Page Range: 11-25
- Page Count: 15
- Language: English