Lobovikov Vladimir
The subject-matter of this paper is a knotty problem of homogeneity of Ancient Greek and Roman jurisprudence as a system. The opinion that the so-called system in question is a non-homogeneous miscellany made up by qualitatively different aspects created in different times by different philosophers and lawyers is very strong and popular. Very often it is considered that in the so-called Roman Law System there is a conceptual opposition (formal logic inconsistency) among the three basic forms of law, namely, the custom-law, the naturelaw, and the human-made-law. The present article is targeted at elaborating quite an opposite opinion that, in its essence, Ancient Greek and Roman Law Philosophy is a homogeneous (consistent) system. For demonstrating such an unusual viewpoint the author applies methods of the analytical philosophy of law. Also the symbolic logic methods are utilized and graphic modeling of logic interconnections of concepts is used. By means of these methods for the first time in world scientific literature on Ancient Philosophy of Law the logic interrelations among the above-mentioned three different meanings of the word “law” are graphically modeled by the logic square-and-hexagon estimated by Blanché as a universal scheme for conceptual knowledge organization. The well-known Kalinowski logic square-and-hexagon for graphic modeling the logic interconnections among the deontic modalities “obligatory”, “forbidden”, “permitted”, “indifferent” is complemented in this paper by a significantly new jurisprudential interpretation of Blanché logic squareand-hexagon scheme. The new scientific result of this paper is original organization of logic interconnections among the nonstandard jurisprudential modalities represented by the following sentences: “It is the nature-law that p”; “It is the custom-law that p”; “It is the human-made-law that p”, where p stands for a proposition describing some state of affairs. It is demonstrated that the relation between “It is the nature-law that p” and “It is the custom-law that p” is the relation of logic contrariety. The article demonstrates that in the submitted quite a new jurisprudential interpretation of the logic square-and-hexagon scheme all the relevant logic rules are valid.
Keywords: Roman-law; Iustiniani-“Digesta”; Ulpian; nature-law; custom-law; positivelaw; Blanché-hexagon.