oa Fundamina : A Journal of Legal History - und bei den römischen Juristen

Special issue 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Much research has been done on the concept of , while the sense in which Roman jurists used the terms and has until now received surprisingly little attention, even though these terms are definitely to be found in classical law. As regards their meaning, and can scarcely be distinguished at first glance. However, the Romans of the first century AD apparently did see a difference, for they struck separate coins for the goddess on the one hand and the goddess on the other; the latter invariably carried a pair of scales, while the former was never depicted in this way. Similarly, Roman jurists distinguished between in the broader sense of multilateral justice and in the restricted sense of a bilateral balancing of interests. Thus the concept of led to a consideration, not only of the relevant bilateral relationships but of all facts and all aspects of law and justice that affected the persons involved in the case. From this perspective, may be regarded as synonymous with .

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