Tiesības cauri laikmetiem – romiešu un kanonisko tiesību salīdzinājums

Church law in the West and in the East alike was strongly influenced by the Roman law. Different concepts and norms were borrowed from the Roman law during the classical and post-classical periods, particulary in respect to the property right (ius proprietas), inheritance right (successio universum jus defuncti), real right or right in property (ius in rem) and contract law (ius in personam). It was additionally followed by the Compilation of Justinian and the works of his successors in the East, mostly covering imperial ordinances referring to the liturgy, theology and church power. People often forget that a considerable part of the Roman law, not only that dating back to the archaic period but also that of the classical and post-classic period, was of a religious nature. The Greek word ‘nomos’, which was used to refer to law and corresponded to the Latin word ‘lex’, gradually merged with the term ‘canon’, resulting in the coining of the word ‘nomocanones’. This was the name used for the corpus of laws routinely issued by Byzantine emperors from the 6th to 10th century, and which included church and state norms. Scholars of the ancient Canon law often associate them with the canons issued by the emperors of the Western Empire from the 8th to 10th century. Therefore, the article will deal with the relationship between the Roman law and the canon law and their specific and scientific aspects. Every group of rights, according to both the Roman law and the Canon law, will be viewed on a historical basis from the philosophical point of view of the rights. It will contribute to a better identification and highlighting of the shared and distinctive features of both of these layers of rights in purely secular and practical legal knowledge, as well as in more sacramental legal knowledge based on the principles of Christian morality. The inter-layer dimensions of these groups of rights and their role in each of them will therefore be studied. The modern nature of the development of rights is an important source for this research because it allows to study the origin of the sources of the corpus of Roman law from the perspective of the Canon law in an attempt to identify and discover the impact that this rare and little-discussed corpus of law has had on the tolerance of rights and on the development in general. Apart from other significant references, the article also contains a description of essential conditions that are specifically characteristic to the development of Roman law, and which are more attributable in a direct way to the sphere of the culture of rights and social rights as elements that govern social trends.