Meklējot pirmsākumus romiešu tiesību avotam ecclesia vivit lege romana

Law and history studies have trained us to think more as Jews (biblical thinking and understanding of law) rather than Greeks. Philosophical and religious thinking popular during the formation of a new teological and legal order is foreign to us. When the Roman legal scholar and later priest Tertulliāns exclaimed in disgust “What has Athens to do with Jerusalem?”, i.e. philosophy with belief, it laid the grounds for further approach to religion and it was understandable why philosophy is incompatible with biblical (Biblique, 1999) thinking. On the other hand if religion is closely grounded with belief, law derives its legitimacy from the recognition of the basic rule that the law has some higher goal. Neoplatonism had become a “peace of mind religion”, which helped the inhabitants of the great and mighty Roman Empire survive as a legal system even during its collapse. In turn stoicism, stoicism in law and pragmatism in jurisprudence on the whole helped administrators, civil servants and military officials. It was not academic philosophy or even academic law but more of a popular ideology. However such thinking cannot be considered as legally unfounded as philosophical Platonism and legal dogma to a certain extent is reflected by a very ancient popular opinion that existence (especially human) is: “two fold and consists of the body and the soul of something material and something spiritual but the real person was in the soul.” It seems close to the initial positive and natural division of law. One of the most difficult questions in the understanding of existence was how the eternal form of the world (true existence) was related to the material, defective and visible world of things. From the theological aspect the question was how the spiritual and eternal God
could ever come in contact with something material that exists in time and space. This issue is usually reviewed in Docetism, but it has more ancient roots and the article studies it from the philosophy and history of law perspective. This world is derived from real existence, and it also sets the world order. Theology teaches that God is the creator and possessor of the world. But how is it
possible that God is an entirely spiritual being who stands beyond time and space? The real existence cannot come in contact with matter, with something defective and therefore the law also has this initial lack of truth and shortcomings are hidden in its nature, and the reason is extensively reviewed in the article.