Unity and Cohesion in Roman Law Flashcards
Natural Law
Represents universal, unchanging principles of right reason and morality that are in harmony with nature. It is seen as perfect and eternal, valid for all nations and times.
Positive Law
Refers to laws enacted by humans (such as statutes and regulations), which are seen as imperfect compared to natural law.
Ius Civile
Civil law specific to a state
Ius Gentium
Law applicable to all nations (international law)
Ius Naturale
Natural law
Role of the Praetor
The Praetor was a key judicial official in ancient Rome, responsible for administering justice and interpreting laws.
acting as a mediator between natural and positive law.
Right Reason
suggesting that true law aligns with rational understanding and moral principles inherent in nature.
Sophocles’ “Antigone”:
The conflict between natural law and positive law is illustrated in Antigone. Antigone argues for the eternal unwritten laws of heaven over human laws enacted by Creon.
This highlights the tension between divine justice (natural law) and man-made laws (positive law).
Cohesion through Law
Law creates cohesion within society, binding individuals together to form a united whole.
Cicero
- Roman statesman and statesman, lawyer, and philosopher
- argued that true law is based on natural law—universal principles that apply to all humans.
- believed that law should promote the common good and be grounded in “right reason.”
Right Reason
- according to Cicero, refers to rational thinking that aligns with the principles of natural law.
*laws should not just be rules imposed by authority but should resonate with universal truths that govern human behavior.
Common Wealth (according to Cicero and Roman thought)
- a unified body of people bound by law and justice, promoting social cohesion and stability.
- a common agreement about laws and rights unites people.
