The use and abuse of legal history. On the nature of the censorial regimen morum

Publication Name: Journal on European History of Law

Publication Date: 2021-01-01

Volume: 12

Issue: 1

Page Range: 138-144

Description:

The paper analyses the nature of enforcement within the censorial regimen morum (CRM) in Ancient Rome by taking into consideration various Latin legal and literary sources. It comes to the conclusion that CRM could be seen as a transitional institution in a system which evolved from a formerly domaninant collective or decentralized to a more centralized enforcement. It also enriches the debate on the concept of law through historical insights by claiming that a social order can meaningfully called a legal order only if centralized production and enforcement of norms had been already added to the consensus of some commonly shared values.

Open Access: Yes

DOI: DOI not available

Authors - 1