STOIC IDEOLOGY AND NATURAL LAW IN THE AFFIRMATION OF OPTIMISM IN PRIVATE LAW
STOIC IDEOLOGY AND NATURAL LAW IN THE AFFIRMATION OF OPTIMISM IN PRIVATE LAW

Summary/Abstract: Stoicism was not only a philosophical school. It provided the Roman political elite with a generally accepted ideal of behavior. It can also be considered the basis of Roman political ideology. As such, it was supposed to ensure stable political continuity. Rome's priority was not the welfare of the common man, the common inhabitant of Italy. Cicero also says that it does not concern Jupiter if one's agricultural crops suffer as collateral damage of God's will. God's will is fundamentally just. Cooperation and control of the political elites of the cities of Italy and later of the other cities of the empire was important to Rome. The population is also controlled through the elites. It is always the most efficient and cheapest way. Because of this, political pessimism had to set in among the plebeians and their counterparts in other cities. With political pessimism comes the time of fictions, legal fictions. Thus, according to the Lex Aebutia, it was allowed to use the fiction that the peregrine is a Roman citizen if it is just (si modo iustum) that he obtains either active or passive role in the litigation. Fiction is the important instrument of the use of actio Publiciana. This is where Stoicism and the political ideology based on it come into play, and terms from morality are introduced into law. Aequitas was a term used during numerous praetor’s interventions in the area of private life. Aequitas, because according to the Stoics all men are born equal. Equality is equated with justice, iustus. Naturalem aequitatem as a justification for the transfer of property by simple tradition. Bona fides is a concept that experienced legal affirmation through the praetor. The most important contracts of business life, sales and partnership are regulated by bonae fidei iudicia because they also involved peregrines. Rome chose soft terms for soft power. After the Social War and during Sulla's dictatorship, the importance of praetor and his creativity became key to the business affirmation and more equal inclusion of free Italian residents (of different ethnic origins) in the private life of Rome. In the time of pessimism of the Republic, praetor fulfilled the task of spreading business optimism. That is why the language of law has acquired a more universal character.

• Details
• Contents