The Use and Abuse of Legal History. On the Nature of the Censorial Regimen Morum Cover Image
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The Use and Abuse of Legal History. On the Nature of the Censorial Regimen Morum
The Use and Abuse of Legal History. On the Nature of the Censorial Regimen Morum

Author(s): Gergely Deli
Subject(s): History, Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: collective punishment; decentralized; enforcement; centralized enforcement; regimen morum; legal order.

Summary/Abstract: The paper analyses the nature of enforcement within the censorial regimen morum (CRM) in Ancient Rome by taking into consideration various Latin legal and literary sources. It comes to the conclusion that CRM could be seen as a transitional institution in a system which evolved from a formerly domaninant collective or decentralized to a more centralized enforcement. It also enriches the debate on the concept of law through historical insights by claiming that a social order can meaningfully called a legal order only if centralized production and enforcement of norms had been already added to the consensus of some commonly shared values.

  • Issue Year: 12/2021
  • Issue No: 1
  • Page Range: 138-144
  • Page Count: 6
  • Language: English