Diritto e 'vera philosophia' nelle Istituzioni di Ulpiano: osservazioni minime sul primo frammento dei Digesta di Giustiniano

Translated title of the contribution: [Autom. eng. transl.] Law and 'vera philosophia' in Ulpian's Institutions: minimal observations on the first fragment of Justinian's Digestas

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] In the first fragment of Justinian's Digestas, taken from the I book of Ulpian's Institutiones, the jurist addresses the students of law stating that those who dedicate themselves to ius must know that it derives and is based on iustitia and that it is indeed an ar , but an ars that addresses what constitutes the ultimate goal of all research, that is, good and fairness. Of these ars the jurists are sometimes called sacerdotes and rightly so: in fact they cultivate justice and bring news of the good and the just eager to form good people not for fear of punishment, but for the encouragement derived from prizes. The fragment concludes with a sentence that has been considered by many to be cryptic: in fact, Ulpian specifies that he hopes that jurists - and law students - always tend towards the 'vera philosophia', not the 'simulated' one. The contribution tends to reveal the meaning of this last Ulpian notation.
Translated title of the contribution[Autom. eng. transl.] Law and 'vera philosophia' in Ulpian's Institutions: minimal observations on the first fragment of Justinian's Digestas
Original languageItalian
Title of host publicationArmata Sapientia. Scritti in onore di Francesco Paolo Casavola per i suoi novant'anni, a cura di L. Franchini, Editoriale Scientifica, Napoli, MMXX
Pages583-598
Number of pages16
Publication statusPublished - 2020

Keywords

  • Diritto
  • Istituzioni
  • Philosophia
  • Ulpiano

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