Persona: maska z ludzką twarzą. O archeologii prawnej prawa osobowego
Persona: a mask with human face. On the Legal Archaeology of the Ius Personarum
Author(s): Jakob Fortunat StaglSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: Phersu; persona; Spaemann; Roman law; law of persons; natural law; Phersu; persona; Spaemann; prawo rzymskie; prawo osobowe; prawo naturalne
Summary/Abstract: The article analyses the archaeology of the concept of ‘person’, from the Etruscan Phersu to the Roman ius personarum. The ‘law of persons’ was at the beginning just a tool for the domination of all those who were not patres familias, due to its origin in the sinister and sadistic Etruscan Phersu, a man-hunter with a mask. But, little by little, Phersu’s face changed and became human. The driving force behind this development, apart from natural law, was the idea of formal equality which morphed into a material category. The modern concept of person, which was developed in the middle ages, has its archaeological foundations in the persona of the ancients.
Journal: Studia Iuridica
- Issue Year: 2020
- Issue No: 86
- Page Range: 256-285
- Page Count: 30
- Language: Polish