CONTRIBUȚIA UNOR JURISCONSULȚI ROMANI, „ÎNTEMEIETORI AI DREPTULUI” (IURIS CONDITORES), LA DEFINIREA CONCEPTELOR DE „JUS” (DREPT), „JUSTITIA” (DREPTATE), „LEX” (LEGE) ȘI MOS (OBICEIUL JURIDIC)
THE CONTRIBUTION OF ROMAN JURISCONSULTS, “FOUNDERS OF LAW” (IURIS CONDITORES), TO THE DEFINITION OF THE CONCEPTS OF “JUS” (LAW), “JUSTITIA” (JUSTICE), “LEX” (LAW), AND MOS (LEGAL CUSTOM)
Author(s): Nicolae V. DurăSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Editions Vie et Sante
Keywords: nature of law; science of law; definitions of law; jurisprudence;
Summary/Abstract: The contribution of Roman jurisconsults, “founders of law” (iuris conditores), to the definition of the concepts of “jus” (law), “justitia” (justice), “lex” (law), and mos (legal custom). From the pages of this study, with its legal content, the reader can see that, in order to define and express the concept of law, we must return to the sources.Only in this way can we speak knowledgeably about the nature of law, as did the jurists rightly called “founders of legal science.” Therefore, to get to the origins of this science of law, we turned to first-hand sources, namely the statements of famous Roman jurists on law, justice, legislation,and legal custom, which were passed down to us in the Digestae collection compiled and put together by the lawyers of Emperor Justinian. The “Responses of the jurisconsults” (Responsa jurisprudentium), expressed through “decisions” and “opinions,” allowed them not only to create law, but also to publicly interpret the laws. The fact that only these jurisconsults were given—by the Roman emperors—the right to make decisions and formulate “jurisprudentia,” that is, the science of law, increased the “prudentium auctoritatem” (authority of the prudent) in “juris civilis scientiam” (the science of civil law).
Journal: Jurnalul Libertății de Conștiință
- Issue Year: 13/2025
- Issue No: 2
- Page Range: 552-576
- Page Count: 25
- Language: Romanian
