The Appearance and Role of Rerum Natura in Three Digest Texts

This paper explores the role of rerum natura in three pivotal texts from the Digest, demonstrating its function as an interpretative and normative principle in Roman legal thought. By analysing cases involving usufruct, property conflicts over the newborn child of a female slave, and immissiones, th...

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Bibliographic Details
Main Author: Erdődy János
Format: Article
Published: 2025
Series:PÁZMÁNY LAW REVIEW 12 No. 1
doi:10.55019/plr.2025.1.171-182

mtmt:36438093
Online Access:https://publikacio.ppke.hu/2854
Description
Summary:This paper explores the role of rerum natura in three pivotal texts from the Digest, demonstrating its function as an interpretative and normative principle in Roman legal thought. By analysing cases involving usufruct, property conflicts over the newborn child of a female slave, and immissiones, the study highlights how Roman jurists integrated objective reality into their legal reasoning. The investigation reveals that rerum natura provided a conceptual bridge between objective reality and positive law, aiding in the resolution of legal disputes. Through exegetical analysis, the paper enhances our understanding of how natura, natural law thinking and positive law eventually intersected in classical jurisprudence, offering valuable insights into the foundational principles of Roman legal tradition.
Physical Description:171-182
ISSN:2064-1818