Comptes rendus / Tijdschrift voor Rechtsgeschiedenis 80 (2012) 505-535 J. Giltaij, Mensenrechten in het Romeinse recht? / Human rights in Roman law? Erasmus Universiteit Rotterdam, [Rotterdam] / [Wolf Legal Publishers, Nijmegen] 2011. [XIV] + 226 p. (proefschrift Rotterdam) As its title reveals, this volume, defended as a doctoral thesis at the Erasmus University Rotterdam, deals with the question as to whether in Roman law there existed something comparable to modern human rights. The author eventually answers this question in the affirmative, although, by way of precaution, he does not speak about human rights as such, but about `precursors of the idea of human rights'. It is clear, however, that in the author's view there are conceptual links between developments in classical Roman law, regarding better protection of non-citizens and slaves, and present day human rights as expressed in the UDHR and ECHR. These documents are included as appendices. The link between Roman law and the present day human rights comes about in two stages. The author sees among the personality rights, listed by Donellus and Grotius, a pre-figuration of our contemporary human rights. Donellus and Grotius in their turn would have construed these personality rights on the basis
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 2012
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