ВИШЕЗНАЧНОСТ ТЕРМИНА IUS И LEX И ЊИХОВ МЕЂУСОБНИ ОДНОС
MULTIPLE MEANINGS OF TERMS “IUS” AND “LEX” AND THEIR RELATIONSHIP

Summary/Abstract: In this paper the author examines the meaning of terms “ius” and “lex” during the development of the Roman state, giving a broad historical genesis of the relationship between these two concepts. They are often perceived as two closely related categories. It is clear that from the closeness of these concepts arises the problem of differentiating the content and defining their relationships. Starting from the results set forth in the study of B. Biondi, the author argues with the attitudes of this famous Italian romanist, reproaches him for favoring the normative method, and ignoring the historical, sociological and political aspects of these legal phenomena. Just taking these factors into account, the author gives a broad panorama of the development of these two institutions, ranging from archaic times, the period of the Republic, classical and post-classical era, up to the time of Justinian. The author concludes that an analysis of historical circumstances and socio-political contradictions that have influenced the shaping of legal phenomena, it becomes clear in which way “ius” and “lex” emerged, changed and given appropriate normative contents – from ancient times, through the medieval reception until modern times.

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