Justiniani lex

The character of our jurisprudence is very Roman document of sociality and very modern and sometimes, also contemporary, behavior; we can take it from some steps of Justinian code(a.Ch. 529), i.e. we can ascertain it in this step: “but if sons are son of family they must take consent of these parents under they are living…”, this is normal during Roman empire but today to allow of knowledge of future wife or husband is very past, or no? No certainly it is now present and it is from ancient custom, that has took from laws that are precedent to Justinian law, because this code is collection of laws both contemporary to 529 after Christ but also precedent to it; thereupon when somebody says you must knowledge my parents, beyond condolences we can think it is from Roman right. About the slavery, a ground of ancient societies, certainly Roman society, has been more indulgent because, a step about slavery says: “it was thing inhuman that they can give liberty to slavery, is other cause don’t’ prevent it…”, thereupon every slave is free; somebody can comments that it is motive of Christian religion, it’s right but religion is followed to Roman right, after Christ, because the freedmen, in Latin liberti, were ex slave, that has been got up social hierarchy and they have got liberty, and furthermore: “Today nobody man under our law is allow to rage to a slave without motive to law…”, and: “in conformity of Antoninian constitution who slays his slave he can suffers same penalty, as he has killed a slave of other host”, this is certainly a clear sign of other sensibility, that shows evolution of society, that now ascertain his barbaric custom, and tried improve it. To adoptions same right is present: “Not only the natural and legitimate sons they are under parental authority but also the sons that we have adopted, the adoption has two ways or emperor allow or judge”, it is natural today but we must consider that it is from ancient time. Adoptions are more curated because this step underline that major interest is to baby or young: “When a bay is adopted  to directly will of emperor this cause is considered to interest of baby, today is same.

Alessandro Lusana