A laicidade do Direito Romano.

Resumo

 O Direito Romano era laico, ou seja, destituído de motivações sobrenaturais e teológicas, o que se averigä pela análse das instituições judiciárias romanas e dos princípios que o nortearam. 

Palavras chave: Direito Romano. Instituições judiciárias romanas. Laicidade.

ABSTRACT

This article presents an analysis the August Comte’s positive policy system  which  asserts the secularity of the Roman judicial institutions. Such institutions consisted of the authorities from which emanated the rules of law; their secularism consisted of the absence of political theology in their rules. The Romans distinguished what the gods permitted from prohibited. The law was formed from what was not prohibited and with what the Romans understood as applied wisdom into practice. This study aimed to investigate Comte’s passages  accuracy through the research of what the Roman judicial institutions were and their  relation to the theology from that  time. It was found that Comte’s passages are correct and that his work contains rich chapters related to Rome.

Keywords: Roman Law. Roman judicial institutions.Secularism.