{"title":"比较分析:罗马时期的“公民权利”与当代的“人权”","authors":"N. Deretić","doi":"10.5937/ZRPFNS1103469D","DOIUrl":null,"url":null,"abstract":"The paper focuses on exploring the roots of 'civil rights' dating from the times before the Roman civilization and the term of 'human rights', which is a comparatively new concept for what was once understood as 'the right of men'. There is no doubt that the character of the Roman society which was based on slavery made the notion of 'man' restricted and exclusive, since it was based on the dominant form of dependence and use of another person (a slave). Slaves did not have the status of 'men'; they were treated as 'speaking tools' (instrumentum vocale), as well as possessions owned by the person treated like a 'man', primarily a free citizen of Rome. The slave's master could dispose of him just like any other object and decide upon his life and death. Given the fact that the Roman Empire did not create the necessary prerequisites for every person to use what they were naturally given: the right to life and liberty - from which all other rights are derived - it may appear irrelevant to study the issue of the rights of individuals and the treatment they received. But this is only a first glance impression, because the conditions in Rome ensured the basic 'rights of men' exclusively for the Roman citizens, whereas in the case of others (women, children, and slaves) these rights were 'systematically violated'. In all the stages of the Roman state (as kingdom, republic, principate, and dominate) there was awareness among the Romans of the classes constituting their society. Every person was regarded in the function of two essential criteria: his origin and wealth. It is therefore said that the Roman society in all its stages, except the initial one, was a society of conflicts. There were always conflicting classes, the superior ones and the inferior ones. Having been determined as either a free citizen or a slave, the 'man' was further positioned within the society and the family according to his affiliation to liberated persons, peregrines, and the citizens of Rome; the Roman citizens were further classified as patricians, plebeians, noblemen and knights. The old division of society members into 'the free ones' (liberi) and servants (servi) was to be abolished much later, in the 10th century. Once it was realized that, in some parts of the world, the term 'civil rights' did not apply to all humans and when the term 'life' acquired a political meaning, the new term of 'human rights' was adopted. Unfortunately, it took a long time for 'human rights' to be recognized and adopted, so that it took place only in the 20th century. This was preceded by wars and other forms of devastation that led to the annihilation of millions of human lives and that was the dear price of learning how to appreciate them.","PeriodicalId":31571,"journal":{"name":"Zbornik Radova Pravni Fakultet u Novom Sadu","volume":"45 1","pages":"469-496"},"PeriodicalIF":0.0000,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Comparative analysis: 'Civil rights' in the Roman state and contemporary 'human rights'\",\"authors\":\"N. Deretić\",\"doi\":\"10.5937/ZRPFNS1103469D\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The paper focuses on exploring the roots of 'civil rights' dating from the times before the Roman civilization and the term of 'human rights', which is a comparatively new concept for what was once understood as 'the right of men'. There is no doubt that the character of the Roman society which was based on slavery made the notion of 'man' restricted and exclusive, since it was based on the dominant form of dependence and use of another person (a slave). Slaves did not have the status of 'men'; they were treated as 'speaking tools' (instrumentum vocale), as well as possessions owned by the person treated like a 'man', primarily a free citizen of Rome. The slave's master could dispose of him just like any other object and decide upon his life and death. Given the fact that the Roman Empire did not create the necessary prerequisites for every person to use what they were naturally given: the right to life and liberty - from which all other rights are derived - it may appear irrelevant to study the issue of the rights of individuals and the treatment they received. But this is only a first glance impression, because the conditions in Rome ensured the basic 'rights of men' exclusively for the Roman citizens, whereas in the case of others (women, children, and slaves) these rights were 'systematically violated'. In all the stages of the Roman state (as kingdom, republic, principate, and dominate) there was awareness among the Romans of the classes constituting their society. Every person was regarded in the function of two essential criteria: his origin and wealth. It is therefore said that the Roman society in all its stages, except the initial one, was a society of conflicts. There were always conflicting classes, the superior ones and the inferior ones. Having been determined as either a free citizen or a slave, the 'man' was further positioned within the society and the family according to his affiliation to liberated persons, peregrines, and the citizens of Rome; the Roman citizens were further classified as patricians, plebeians, noblemen and knights. The old division of society members into 'the free ones' (liberi) and servants (servi) was to be abolished much later, in the 10th century. Once it was realized that, in some parts of the world, the term 'civil rights' did not apply to all humans and when the term 'life' acquired a political meaning, the new term of 'human rights' was adopted. Unfortunately, it took a long time for 'human rights' to be recognized and adopted, so that it took place only in the 20th century. This was preceded by wars and other forms of devastation that led to the annihilation of millions of human lives and that was the dear price of learning how to appreciate them.\",\"PeriodicalId\":31571,\"journal\":{\"name\":\"Zbornik Radova Pravni Fakultet u Novom Sadu\",\"volume\":\"45 1\",\"pages\":\"469-496\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2011-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Zbornik Radova Pravni Fakultet u Novom Sadu\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5937/ZRPFNS1103469D\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Zbornik Radova Pravni Fakultet u Novom Sadu","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5937/ZRPFNS1103469D","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Comparative analysis: 'Civil rights' in the Roman state and contemporary 'human rights'
The paper focuses on exploring the roots of 'civil rights' dating from the times before the Roman civilization and the term of 'human rights', which is a comparatively new concept for what was once understood as 'the right of men'. There is no doubt that the character of the Roman society which was based on slavery made the notion of 'man' restricted and exclusive, since it was based on the dominant form of dependence and use of another person (a slave). Slaves did not have the status of 'men'; they were treated as 'speaking tools' (instrumentum vocale), as well as possessions owned by the person treated like a 'man', primarily a free citizen of Rome. The slave's master could dispose of him just like any other object and decide upon his life and death. Given the fact that the Roman Empire did not create the necessary prerequisites for every person to use what they were naturally given: the right to life and liberty - from which all other rights are derived - it may appear irrelevant to study the issue of the rights of individuals and the treatment they received. But this is only a first glance impression, because the conditions in Rome ensured the basic 'rights of men' exclusively for the Roman citizens, whereas in the case of others (women, children, and slaves) these rights were 'systematically violated'. In all the stages of the Roman state (as kingdom, republic, principate, and dominate) there was awareness among the Romans of the classes constituting their society. Every person was regarded in the function of two essential criteria: his origin and wealth. It is therefore said that the Roman society in all its stages, except the initial one, was a society of conflicts. There were always conflicting classes, the superior ones and the inferior ones. Having been determined as either a free citizen or a slave, the 'man' was further positioned within the society and the family according to his affiliation to liberated persons, peregrines, and the citizens of Rome; the Roman citizens were further classified as patricians, plebeians, noblemen and knights. The old division of society members into 'the free ones' (liberi) and servants (servi) was to be abolished much later, in the 10th century. Once it was realized that, in some parts of the world, the term 'civil rights' did not apply to all humans and when the term 'life' acquired a political meaning, the new term of 'human rights' was adopted. Unfortunately, it took a long time for 'human rights' to be recognized and adopted, so that it took place only in the 20th century. This was preceded by wars and other forms of devastation that led to the annihilation of millions of human lives and that was the dear price of learning how to appreciate them.