LA PHILOSOPHIE DE L’HUMANISME JURIDIQUE ROMAIN (AVANT LA LETTRE) PAR L’INVOCATION DE LA RAISON. LE RETOUR DE LA MINERVE
PHILOSOPHY OF ROMAN LEGAL HUMANISM BY RELYING ON REASON. THE RETURN OF MINERVA

Summary/Abstract: In classical Roman law we can find a hermeneutic space between the principle that treaties must be fulfilled (Pacta sunt servanda), and that of a more humane and rational interpretation of the will of the parties, reflecting the fluctuations of the contractual "ecosystem" (Clausula rebus sic stantibus). This space has fueled the pursuit of Roman lawyers to humanistic legal values (before the creation of the term), such as bona fides, aequitas, or rather they understood the whims of life through an imaginary Nemesis. All this has predetermined the ever-increasing unpredictability, unlike the ancient age, which is significantly more formal and law-related. Through the power of reason, under the shield of an imaginary Minerva, the judge was able to experiment with the humanistic nature of Cornelius Gallus' principle “Plus ratio quam vis valere solet”, adapting it to the legal hermeneutics of contracts.

• Details
• Contents