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Understanding the Concept of ius naturale in Ancient Roman Law
Understanding the Concept of ius naturale in Ancient Roman Law

Author(s): János Erdődy
Subject(s): History, Law, Constitution, Jurisprudence, History of Law
Published by: STS Science Centre Ltd
Keywords: ius naturale; natural law; natura; naturalis ratio; natural reason; natural order; ius civile; ius gentium; Cicero; Ulpian;

Summary/Abstract: The views concerning the Roman law concept of ius naturale basically come into two groups. Some authors accept the existence of ius naturale as practically binding law, whereas others regard it a pure philosophical Gedankenexperiment. This twofold state of ideas on ius naturale are fuelled for the most part by the contemporary Meinungsklima, though primary sources also raise some important issues of interpretation, increasing obscurity of this notion. In this paper we set out to give a brief outline of the abstract approach and concept of ius naturale put forward by Ulpian at the beginning of the Digest. In addition, we also try to follow the reflections and evaluations by secondary authors on this topic, trying to collect the most common arguments and counter-arguments of this topic.

  • Issue Year: 9/2018
  • Issue No: 1
  • Page Range: 178-182
  • Page Count: 5
  • Language: English