La tripartición romana del derecho y su influencia en el pensamiento jurídico de la época moderna

Abstract

This work shows the three part concep­tion of Roman law, analyses its sources and probes its posterior influence. The text which is referred to is the Justinean Corpus Juris specially the Institutiones. The influence of this work in thinkers such as Isidore of Seville, Francisco de Vitoria and Francisco Suárez confirms the projection of the distinction ius naturalis, ius civilis and ius gentium until the Middle Ages. The posterior influence in Grotius or Leibniz marks, however, its transformation. It is not systematized by these authors but by Kant. Since Kant the general principle of liberty takes the place of Natural law, the State law of Civil and the International law of the peoples. This work ends by displaying the maintenance of the Roman three part distinction of law in different terms characterized by the modern comprehension of the state which has also different practical consequences, some of which are indicated by Hegel.