THE CONCEPT OF IUS FETIALE IN THE WORKS OF THE ITALIAN NOVELIST PIERANGELO CATALANO

Authors

  • Meirzhan Eginbaevich Saginayev
  • Adil Talgatovich Baizakov

DOI:

https://doi.org/10.52026/2788-5291_2021_64_1_277

Keywords:

international law, public international law, Roman studies, Roman legal system

Abstract

This article is devoted to the political and legal views of the outstanding Italian novelist Pierangelo Catalano, author of numerous works on topical issues of Roman law. His work "Linee del sistema sovrannazionale romano" made a great contribution to the study of the international law of Ancient Rome, which went down in the history of legal science as ius fetiale. The article deals with the concept of ius fetiale in Roman law. In the science of romanistics, it has developed so that ius gentuim et ius fetiale are practically not differentiated and sometimes these terms are identified. Therefore, Catalano aims to analyze ius fetiale, to identify its meaning and properties, and to distinguish it from ius gentuim.

Pierangelo Catalano, an outstanding Italian novelist, analyzing this concept, emphasizes that the essence of ius fetiale has undergone great changes and was strongly influenced by the political and legal doctrines of the Enlightenment. To restore the true meaning of this institution of Roman law, Catalano turns to primary sources such as Titus Livy, Cicero, and the writings of Roman jurists. Disclosure of the concept of ius fetiale enrich the theory of not only Roman law, but also international law, since the legal systems of many European countries are built on the basis of Roman law.

For the legal science of Kazakhstan, research in the field of the legal nature of the ius fetiale will also be important, since among legal scholars there are scientific disputes about the position of international treaties in the legal hierarchy of Kazakhstan. As we know, international treaties take precedence over national legislation, and many lawyers challenge this approach. And the study of the Roman doctrine in the field of international law and the place of international treaties will provide a rich scientific material and will help in finding the optimal solution to the above-mentioned dispute.

Published

30.03.2021

How to Cite

Saginayev М. Е., & Baizakov А. Т. (2021). THE CONCEPT OF IUS FETIALE IN THE WORKS OF THE ITALIAN NOVELIST PIERANGELO CATALANO. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(64). https://doi.org/10.52026/2788-5291_2021_64_1_277