It is a common misconception that fides and bona fides are ethical principles with changeable content, shaped by the development of social and moral values. They belong instead, since time immemorial, to the tradition of the ius civile, and are deeply rooted in Roman social structure (and its needs) as interpreted by the priests and by the jurists. The standard of fides and bona fides is always objective: in the archaic period, the real status of the parties (fides as the 'credit' of the individual within the group); afterwards, an abstact stardard identified with the bonus vir. The two concepts developed therefore from early on an (outwardly) dualistic value: on the one side, the respect of the parties' agreement; on the other side, the respect of all the terms implied in the nature of the relationship.
Fiori, R. (2015). Hierarchia społeczna i categorie prave. Fides i bona fides. In Noctes iurisprudentiae. Scritti in onore di Jan Zabłocki (pp. 67-83). Białistok : Temida2.
Hierarchia społeczna i categorie prave. Fides i bona fides
FIORI, ROBERTO
2015-01-01
Abstract
It is a common misconception that fides and bona fides are ethical principles with changeable content, shaped by the development of social and moral values. They belong instead, since time immemorial, to the tradition of the ius civile, and are deeply rooted in Roman social structure (and its needs) as interpreted by the priests and by the jurists. The standard of fides and bona fides is always objective: in the archaic period, the real status of the parties (fides as the 'credit' of the individual within the group); afterwards, an abstact stardard identified with the bonus vir. The two concepts developed therefore from early on an (outwardly) dualistic value: on the one side, the respect of the parties' agreement; on the other side, the respect of all the terms implied in the nature of the relationship.File | Dimensione | Formato | |
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