Strutture costituzionali, fonti e codici nell'esperienza giuridica romana : storicità del diritto : prospettive antiche e moderne

Abstract

The volume traces the fundamental features of Roman constitutional history, identifying, at the same time, "conceptual forms" and "consolidated practices" which, although matured in that historical experience, also marked the fate of the entire subsequent legal tradition, and, therefore , of the entire Western legal tradition. The conceptual forms of Roman law were inserted into the legal science of each country, regardless of the different conceptions of law in force at various historical moments. As a result, Roman law has become a common vocabulary, the language of the legal scientific community, the recognized model of legal conceptual work and, therefore, a European conceptual and spiritual common law, without which a European common law would not even theoretically exist, nor would an agreement between jurists of different nations be possible. The consequence was that the common matrices of European law - both civil law and common law - are found in Roman law: or rather in the science of Roman jurists, since the reception of Roman law did not translate into the reception of a law, but of the reception of a legal science