Appunti ‘romanistici’ in tema di diritto interculturale. Esperienza giuridica romana, figura del iurisconsultus e funzione del notaio*

The Roman legal experience teaches us that the issues and perspectives to which today’s intercultural law is dedicated have historical ‘substantial’ precedents in the institution of jus gentium: indeed, praetor pergrinus offered concrete and effective protection to it through its iurisdictio. This aspect of ‘practical application’ was closely tied, on the other hand, to the ‘scientific’ role of the iurisconsultus, who through his agere, cavere and respondere, impelled an innovative approach to ius to the point of its identification with interpretatio prudentium. The ‘parallels’ between the Roman jurist and the contemporary notary are not, however, in their structure, but rather in their functions: both engage in the role of medium, one that is oriented towards a kind of opening up of the ‘system’/national legislation to the legal and cultural needs of the ‘other.’

Comments are closed.