Centralità sistematica della nozione di persona nel sistema giuridico - religioso romano
The Central Systematic Meaning of the Notion Persona in the Roman System of Religious Law

Author(s): Pietro Paolo Onida
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Person; Human; Subject-object of law;
Summary/Abstract: The central systematic meaning of the notion person (persona) is contemplated by the jurisprudent Gaius in one section of his Institutions, incorporated into the Justinian's Institutions because of its significance (Gai. 1,8=D. 1,5,1; 1,2,12). Having noted that "all the law we use refers to either persons, things or actions" (Omne ius quo utimur vel ad personas pertinent vel ad res ad actiones), Gaius continues his discussion on persons (Et prius videamus de personis). The significance of the notion person at the systematic level is amplified by the understanding of the concept of human. In this paper, we dismiss scientific theories that attempt to explain the relation between these notions in an evolutionist manner based on the presumed development of the notion person in the abstract direction, which would give the notion human an entirely different sense. From ancient times, the Roman legal system has been inclined to view all human beings as participants in law (ius), directing them toward their identity between two concepts.

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