Ius, nomos, ma'at. L'emersione del diritto nel mondo antico

The work, divided in three parts, the first one dedicated to roman Law, the second one to the law of the Greeks, and the third one to the juridical world of the Pharaohs, aims at studying the relations between regal power and the creation and application of the rules, in the most ancient Mediterranean. At first, the ways of emersion of the earliest branch of Roman law, the so called ius Quiritium, is investigated by underlying the main role played by the kings more than the consuetudinary rules, as regards the inclusions of the uses of the ancient inhabitants of the Septimontium, i.e. the Quirites; some single institutes of ius quiritium are more deeply studied, such as the detestation sacrorum, the testamentum comitiis, the mancipium. The second part focuses on the antecessors of the nomos-sample in the proto-history of Greek Law and considers the link themis-dike as an antithesis, already working in Homers’time, between the objective theo-physic order and the subjective right and action: of such a link, as it appears in the themistes emanated by anaktes and basileis, one looks for its hints in classical Athens, under the regal rule of the nomos. The third part investigates, by considering the original undifferentiating between law and religion, how ma’at worked: it is interpreted not as a Grundnorm or as a natural code binding the pharaoh himself, but as a Kosmos and State reason that operates both in forming and in enacting law.