The Bible and the Legal Basis of the European Integration by Means of Roman Law

Introduction

Authors

  • Gábor Hamza ELTE ÁJK

DOI:

https://doi.org/10.15170/Dike.2025.09.02.02

Keywords:

Code of European Contracts Law, European private law, harmonization of law, Historical School of Law, judge made law, jurisprudential law,, legal humanism, legal positivism, natural law, Pandectist legal science, private-autonomy, resolutions of the European Parliament, Roman law, unification of law

Abstract

The European Integration is going back in centuries old spiritual traditions. The lawyers availed themselves to a considerable extent of the tenets of the Bible. Roman law (ius Romanum) served as a foundation for the 16th century legal humanism and was a goldmine for the rationalist natural law doctrines. In the 19th century, Roman law is molded in the spirit of legal positivism primarily through
German Science of Pandects. Roman law is substantional material of the private law codices in Europe. It is obvious that the European integration needs both the harmonization and the unification in particular with regard to private law- related legislation. The realization legal harmonization could take the form of Council regulation, directive and also could be realized via coordinated national 
legislation. The members, for example of the Accademia dei giusprivatisti europei based on Pavia, among whom we can find experts of Roman law, English common law, and modern codified private law, in their efforts to codify the European law of contracts, view as their primary mission the creation of a compromise between Roman law, primarily based on codified continental private law, and contract constructions of English common law. The private law of the European countries is closely connected to Roman law. Taking into consideration the significant role of Roman law in the analysis of the evolution of European private law, regarding both the 27 member states of the European Union (Eu) and to those states being presently – yet – no member states of the Eu, is justified by spiritual traditions rooted in the tenets of the Bible. 

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Published

2025-07-15

How to Cite

Hamza, G. (2025). The Bible and the Legal Basis of the European Integration by Means of Roman Law: Introduction. Díké - Journal of Dezső Márkus Research Group for Comparative Legal History, 9(2), 13–20. https://doi.org/10.15170/Dike.2025.09.02.02

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