SUBJECTIVE RIGHTS AND HUMAN RIGHTS IN ROMAN LAW? NOTES TOWARDS A REVIEW

Nowadays the doctrine of human rights is hegemonical, to the degree that it not only tends to displace the technical study of other subjects but is sometimes also claimed to be the optimal perspective for the study of Roman Law. This presents a series of unavoidable epistemological difficulties. Firstly, because its concept of the subject of rights is not the same. Secondly, because the rights it seeks to attribute, as well as the causes for attribution of such rights, seem to not be compatible. This can be noted in, although without limiting itself to, property itself, concept whose importance needs special attention.