Roman Law and Modern Civil Law (Issue 2002)

Author: Xu Guodong
Publisher:
Publish Date: 2002-10-01
Features: This volume includes 18 articles, more than the previous volume, with a total word count of slightly over 300,000. Each article is not as long as those in the previous volume, but I am very satisfied with the content of this volume. "Civil Code Research" is a traditional column in this series, and this time it features Zhang Liqiang's "Man: The Foundation of Civil Law and the Basis for Civil Code Compilation," which expresses the author's humanistic view of civil law and his opinions on the structural design of the Civil Code, aligning perfectly with the mainstream work of civil law scholars drafting the draft Civil Code. The "Latin American Law Research" column publishes the Spanish article "A Forgotten Concept: Negative Rights" by the renowned Italian Roman law scholar Catalano. The author surprisingly summarizes the theory of negative rights in opposition to positive rights from the ancient Roman system of tribunes; from the plebeian secession movement, he sees the ancestors of modern labor strikes and the right to peaceful resistance, demonstrating the value of Roman public law and its close connection to contemporary realities. The "Civil Law Philosophy Research" column features the article "Contract Law and Distributive Justice" by an Anglo-American law scholar, Kolnmann. The author uses the traditional utilitarian analytical tools of his legal system to examine the pros and cons of achieving distributive justice through contract law and tax law, and makes his own choice. The depth of analysis in this article on a seemingly simple issue is astonishing: it turns out that what we thought were simple problems are not so simple after all. Some of the value concepts proposed in the article differ significantly from the corresponding concepts in Roman law.