Elementi rimskog prava u Kantovoj filozofiji prava
Elements of Roman Law in Kant’s Philosophy of Law

Author(s): Dževad Drino
Subject(s): History of Law, Ancient World, Early Modern Philosophy, Philosophy of Law
Published by: Akademija Nauka i Umjetnosti Bosne i Hercegovine
Keywords: antiquity; Cicero; philosophy of law; Roman law; Ulpian;
Summary/Abstract: If ancient Greece is the homeland of philosophy and politics, then ancient Rome is the birthplace of jurisprudence (iuris prudentiae), the philosophy of law begins its true life with Hegel, but the period of precritical philosophy of law, with the central concept of justice towards the reflection of law in which subjectivity has a constitutive meaning, undoubtedly comes with Kants philosophy. Kants philosophy of law was significantly shaped by the enduring values of philosophical trends and schools that were present in Rome; above all, the school of Stoicism, but also the principles of the school of natural law, which were elaborated by the Roman jurist Cicero in the work De officiis. In the disintegration of the Holy Roman Empire of the Germanic peoples, Kant, following the example of Rousseau in the work “Perpetual Peace” (1795), promotes the idea of national law, based on the idea of a social contract, he derives a new concept of civil-legal composition, using Roman legal institutes in the division into national-economic (ius civitatis) and international law (ius gentium). Kant’s determination of the third type – cosmopolitan law, law is an expression of the collective will, not the theoretical models of philosophers; parallel to the philosophical basis of national law and its basis on the traditions of Mos Gallicus and Usus modernus, the most important role is the Göttingen School of Law, founded in the middle of the 17th century, which reflects the then free spirit of Göttingen University. In Kants philosophy of law, along with the influence of the Lutheran tradition, the enlightenment and Rousseaus ideas, there are also elements of Roman law visible through numerous sentences and maxims of Roman law, as well as the teachings of Roman jurists, especially Ulpian. Neo-Kantians are undoubtedly the dominant group in philosophical jurisprudence today, the founder is Rudolf Stammler (“Teaching on Correct Law”), so the paper analyzes the visible elements of the largest legal system of antiquity in Kants teaching of law.

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