Slobodni građani, demokratija - pretpostavke primene rimskog prava

Abstract

Majority of the nowdays societies consider that spreding of democracy, rather than limitation of state power, preserves freedom. This idea is in the contrary to antic idea of freedom as the essence of human being and its highest value. By such an idea, the society will be preserved from negative tendencies like democratic despotism (glorifiing power and authority as well as concetration of power in the hands of the leader), and decline of the highest values in global society. In antic polis ius civile used to be applied to free citizens only, rather than strangers, being slaves. As slaves, strangers had no any right recognised, and were acquisited like any other property. Slavery in Roman empire was considered as normal phenomena and was also approved mostly by social and biologic reasons. Ius gentium was, however, by spreading Empire to provncies, apllied to both citizens and strangers. Antic polis produced direct democracy, being ruling of the people, which was duty as well as the priviledge of the free citizens, thus, the priority were public obligations. Nowdays, however, democracy is considered individually, as a protection of individual, its property and private life.