Auteur: Edelstein Dan & Straumann, Benjamin
Titre: Roman Rights Talk: Subjective Rights in Cicero and Livy
Revue/Collection: “History of Political Thought” 43, 4
Annèe edition: 2022
Pages: 637-659
Mots-clès: Droit - Diritto - Law, Philosophie - Filosofia - Philosophy
Description: While most scholars today recognize that Roman writers occasionally used ius to denote a subjective right, the extent and reasons for this usage have not been well studied. In this article, we offer an analysis, based on a statistical survey, of how Cicero and Livy used ius to designate a range of subjective rights. We also trace this usage back to the basic Ciceronian metaphor of the populus as a kind of societas. Rights, in the Roman context, emerged out of this legal-commercial comparison, in which citizens (or even members of different nations) are entitled to equal rights in their common venture. [Author]
Liens: https://www.zora.uzh.ch/id/eprint/223840/1/Edelstein___Straumann__Roman_Rights_Talk._Subjective_Rights_in_Cicero_and_Livy.pdf
Sigle auteur: Edelstein & Straumann 2022
Titre: Roman Rights Talk: Subjective Rights in Cicero and Livy
Revue/Collection: “History of Political Thought” 43, 4
Annèe edition: 2022
Pages: 637-659
Mots-clès: Droit - Diritto - Law, Philosophie - Filosofia - Philosophy
Description: While most scholars today recognize that Roman writers occasionally used ius to denote a subjective right, the extent and reasons for this usage have not been well studied. In this article, we offer an analysis, based on a statistical survey, of how Cicero and Livy used ius to designate a range of subjective rights. We also trace this usage back to the basic Ciceronian metaphor of the populus as a kind of societas. Rights, in the Roman context, emerged out of this legal-commercial comparison, in which citizens (or even members of different nations) are entitled to equal rights in their common venture. [Author]
Liens: https://www.zora.uzh.ch/id/eprint/223840/1/Edelstein___Straumann__Roman_Rights_Talk._Subjective_Rights_in_Cicero_and_Livy.pdf
Sigle auteur: Edelstein & Straumann 2022
