REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW
REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW
Author(s): Gábor HamzaSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, EU-Legislation, Commercial Law, Court case
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Roman law traditions; ius publicum; ius privatum; glossators; European jurispru-dence
Summary/Abstract: The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.
Journal: IUS ROMANUM
- Issue Year: 2019
- Issue No: 2
- Page Range: 22-46
- Page Count: 25
- Language: English
