The Universal Foundations of European Law Cover Image

Univerzální základy evropského práva
The Universal Foundations of European Law

Author(s): Stanislav Přibyl
Subject(s): Christian Theology and Religion, History of Law, Political history, Philosophy of Law, Social Theory, Roman law
Published by: Společnost pro církevní právo
Keywords: law; Christianity; ancient law; canon law; legal principles; justice; reception; civil code; human rights; religious freedom; Catholic Church; separation of powers;

Summary/Abstract: This paper recalls the three pillars of European culture: Judeo-Christian, ancient Greek and especially Roman law. First of all, the text highlights the Judaic basis of Christianity, with the emphasis on the role of divine law. It then sets out the basis principles of Roman law, expressing the need for fairness and for values to anchor the application of the law. In the course of history, there have been two receptions of ancient Roman law. First, this process developed in the Middle Ages, as is also demonstrated here in the quotations from the canon law collection “Liber sextus”. Also, from the early nineteenth century Roman law inspired the creation of civil codes, beginning with the Napoleonic Code. The modern understanding of human rights and freedoms was formed primarily as a result of the development of the right to religious freedom. Today’s state should not overextend its powers and should provide citizens with a wide scope of freedom. This is also helped by the separation of powers that applies in European democracies today.

  • Issue Year: XXX/2024
  • Issue No: 94
  • Page Range: 41-52
  • Page Count: 12
  • Language: Czech
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