Abstract

FINKENAUER, Thomas. Iustitia und iustus bei den römischen Juristen. Fundamina (Pretoria) [online]. 2014, vol.20, n.1, pp.287-300. ISSN 2411-7870.

Much research has been done on the concept of aequitas, while the sense in which Roman jurists used the terms iustitia and iustus has until now received surprisingly little attention, even though these terms are definitely to be found in classical law. As regards their meaning, aequitas and iustitia can scarcely be distinguished at first glance. However, the Romans of the first century AD apparently did see a difference, for they struck separate coins for the goddess Iustitia on the one hand and the goddess Aequitas on the other; the latter invariably carried a pair of scales, while the former was never depicted in this way. Similarly, Roman jurists distinguished between iustitia in the broader sense of multilateral justice and aequitas in the restricted sense of a bilateral balancing of interests. Thus the concept of iustitia led to a consideration, not only of the relevant bilateral relationships but of all facts and all aspects of law and justice that affected the persons involved in the case. From this perspective, iustitia may be regarded as synonymous with aequitas totius rei.

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