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The Legal Value of Mos Maiorum in Cicero

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Iacoboni A.
Studia Iuridica
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2019
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vol. 80
135-154
EN
The tradition is constituted by the norms of conduct of the gentes and the patrician familiae. The right is the foundation of the ruling class power of the patricians first, of the patrician-plebeian nobilitas then. The hegemony of the pontiffs in the juridical field is subsequently questioned by the iurisprudentia, starting from the 3rd century BC. We examine the legal value of mos and consuetudo as sources of law in Cicero. Afterwards, we evoke the crisis of tradition and the evolution of right caused by changing social and political conditions. The mos maiorum knows the maximum crisis in the late-Republican age. Cicero considers it necessary to implement a critical revision of the mos maiorum. However, the individualism present at the time of the author makes the moral and political rebirth of Rome impossible.
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Józef inter gentes: On status and law between the centre and periphery

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Urbanik J.
The Journal of Juristic Papyrology
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2019
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issue 49
289-345
EN
Following the footsteps of Józef Mélèze Modrzejewski and reassessing his law-custom theory, the essay explores the principles of law-application under Roman law. Passages from Ps.-Menander’s Epideictic Treatises and Gregory the Miracle-Worker’s Eulogy of Origen are confronted with the selected papyrological evidence of apparent ‘conflict of laws’ faced by the Roman jurisdiction: the petition of Dionysia (P. Oxy. II 237), and a text concerning the testamentary freedom of the Egyptians (P. Oxy. XLII 3015), and finally with a fragment of a juridical work attributed to Volusius Maecianus (D. XIV 2.9 pr.). In conclusions, a new take of the problem is presented. I suggest the principle ordering the choice of competent law be lex posterior derogat legi priori. Thus, after the Roman conquest the old norms remained in force until expressively abrogated by a new Roman precept: be it in a form of a judicial decision (in line of the Roman magistrate-law making), or new imperial legislation.
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