On The Horizon (Origin, Beginning) of the Right: About the Christianization of Ius Romanum and its Meaning for Contemporary Jurisprudence

Abstract

Classical Greek and Roman jurisprudence arc the origin not only for the art of thinking in modern and contemporary jurisprudence, but also marked the beginning of the field of praxis; although this beginning has often been noted,every subsequent jurisprudential evolution also referred back to it and was based on its logical order. Beginning from the art of thinking that characterized Ius Romanum, this Article first enquires into its philosophical-theological structure and objective postulates; based on the findings, it then investigates the Roman Ius Naturalis that can be traced back to Ius Gentium; after this it analyzes the inner relationship between Ius Romanum and Christendom, especially their internal logical references; following this it lays out and reflects on respectively the Christianization and canonization of Ius Romanum in the Middle Ages; it then analyzes the sense (meaning) of the questions,opinions and attitudes that modern and contemporary jurisprudence has had about Ius Romanum; and it concludes by arguing that it points to the dignity and value of the human being as Subicctus Iuris et Historiac.