I ROMANI E IL LORO AMBIENTE: LA CURA DELL'ARIA, DELL'ACQUA E DELLE FORESTE NELLE FONTI DEL DIRITTO ROMANO
THE ROMANS AND THEIR ENVIRONMENT: THE CARE OF THE AIR, WATER AND THE FORESTS IN THE SOURCES OF ROMAN LAW

Summary/Abstract: The protection of the environment is undoubtedly a topic that occupies humanity on a daily basis in modern world. In the search for effective practical solutions, the law cannot be bypassed either, which with its imperative has a significant role in ensuring the "guaranteed right to a healthy environment". Taking into account the available sources, we could not make such a conclusion when it comes to Ancient Rome, especially in cases where the law regulated situations related to the protection of the environment. In that sense, Roman private law performed this role only when the private interests of citizens were threatened, that is, when the individuals had a dispute about the permitted limits of their right of use. Hence, we can conclude that servitutes, sanctioned in the Roman legal system, are actually the instrument through which environmental protection was ensured. In the sources of Roman law, several attempts to prevent the uncontrolled cutting of forests can be recognized. Starting with the Lex XII Tabularum, up to Hadrian who placed under his imperial protection four types of trees. Finally, although environmental protection was not the focus of the Romans, nor of their law, they had excellent water and waste management techniques, which were unfortunately not applied in the Middle Ages.

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