Ulpian
From The Art and Popular Culture Encyclopedia
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"The law of nature is that which she has taught all animals" "By the law of nature all men were born free" "When we come to Ulpian, Tryphoninus, and Florentinus at the close of the second century, we find that remarkable turn of theory whose expression we have already noticed in considering the meaning of "natural law." It will be as well to put together these phrases in this new connexion. In the first place we may perhaps put the famous phrase of Ulpian: "Quod ad jus naturale attinet, omnes homines aequales sunt." * It is just possible that this phrase is a little more technical than might at first sight appear, for Ulpian is evidently discussing the legal position of the slave, and the equality of which he speaks may conceivably have had primarily a technical signification, as equal in position before the law. Still, the phrase is very noteworthy in its bold and direct character. The impression it makes is not weakened but rather confirmed when we turn to his equally famous phrase, " cum jure naturali omnes liberi nascerentur." * Slavery had no place under the jus naturale, but came in under the jus gentium. By the law of nature men were free and equal."--History of Medieval Political Theory in the West (1903–36) by Robert Warrand Carlyle and Alexander James Carlyle |
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Ulpian (c. 170 – 228) was a Roman jurist of Tyrian ancestry.
Works
His works include Ad Sabinum, a commentary on the ius civile, in over 50 books; Ad edictum, a commentary on the Edict, in 83 books; collections of opinions, responses and disputations; books of rules and institutions; treatises on the functions of the different magistrates — one of them, the De officio proconsulis libri x., being a comprehensive exposition of the criminal law; monographs on various statutes, on testamentary trusts, and a variety of other works. His writings altogether have supplied to Justinian's Digest about a third of its contents, and his commentary on the Edict alone about a fifth. As an author, he is characterized by doctrinal exposition of a high order, judiciousness of criticism, and lucidity of arrangement, style, and language. He is also credited with the first life table ever.
Domitii Ulpiani fragmenta, consisting of 29 titles, were first edited by Tilius (Paris, 1549). Other editions are by Hugo (Berlin, 1834), Booking (Bonn, 1836), containing fragments of the first book of the Institutiones discovered by Endlicher at Vienna in 1835, and in Girard's Textes de droit romain (Paris, 1890).
