In the pages that follow, I would like these three criticisms of Roman law not to be forgotten, but to remain impressed in the reader’s memory. My intention is, in fact, to highlight how, from a reverse perspective, the Roman legal system is in reality neither the demon of conservation and immobility, nor a totem to be freed from, nor a messianic content of liberation of modern societies from the evils that afflict them, but is, however – this yes –, a pow-erful instrument of criticism of contemporary law, which in the refinement of the conceptual and systematic paths inherited from Roman law, has ended up nesting behind the veil of form and purity, some strong ideological knots that are inexorably blocking today’s society in a space of inequalities and injus-tices, ending up excluding law from the instruments of renewal and improve-ment of today’s societies, in favour of other instruments that have been con-sidered and continue to be considered driving forces, such as the economy.
Cardilli, R. (2025). Roman Foundation and Legal Traditions. Torino : Giappichelli.
Roman Foundation and Legal Traditions
Cardilli, R
2025-01-01
Abstract
In the pages that follow, I would like these three criticisms of Roman law not to be forgotten, but to remain impressed in the reader’s memory. My intention is, in fact, to highlight how, from a reverse perspective, the Roman legal system is in reality neither the demon of conservation and immobility, nor a totem to be freed from, nor a messianic content of liberation of modern societies from the evils that afflict them, but is, however – this yes –, a pow-erful instrument of criticism of contemporary law, which in the refinement of the conceptual and systematic paths inherited from Roman law, has ended up nesting behind the veil of form and purity, some strong ideological knots that are inexorably blocking today’s society in a space of inequalities and injus-tices, ending up excluding law from the instruments of renewal and improve-ment of today’s societies, in favour of other instruments that have been con-sidered and continue to be considered driving forces, such as the economy.| File | Dimensione | Formato | |
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