The germs of environmental protection in Roman law

Abstract Most legal institutions of modern civil law have their origins, at least in principle, in Roman law. This can also be seen in cases and legal reasoning related to the environment since certain rudiments or precursors of modern environmental law can be found in the writings of classical Roman jurists. Nevertheless, it would be an overstatement to speak of Roman environmental law. The focus of Roman classical jurists was on the protection of concrete property rights, mainly in neighborhood contexts. Only a few cases show that the underlying motive of legal argument was the protection of public interest, which brings these cases closer to the idea of modern environmental law.

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Publication Details

Journal
Hungarian Journal of Legal Studies
Published
2024-08-30
DOI
https://doi.org/10.1556/2052.2024.00526
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
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The germs of environmental protection in Roman law

Janez Kranjc
Hungarian Journal of Legal Studies
European and International Contract Law
article

The germs of environmental protection in Roman law

Janez Kranjc
article en

Abstract

Abstract Most legal institutions of modern civil law have their origins, at least in principle, in Roman law. This can also be seen in cases and legal reasoning related to the environment since certain rudiments or precursors of modern environmental law can be found in the writings of classical Roman jurists. Nevertheless, it would be an overstatement to speak of Roman environmental law. The focus of Roman classical jurists was on the protection of concrete property rights, mainly in neighborhood contexts. Only a few cases show that the underlying motive of legal argument was the protection of public interest, which brings these cases closer to the idea of modern environmental law.

Hungarian Journal of Legal StudiesVol. 65(1)
University of Ljubljana (SI)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
European and International Contract Law
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