Ulpien

Domitius Ulpianus (? - 228) was a politician and a Roman lawyer of the beginning of the 3rd century.

Originating in Tyr, Ulpien was to probably result from a good family of Roman citizens. He was initially assessor of the Préfet of the court Papinien, another famous lawyer, under Septime Sévère and Caracalla. After the assassination of Caracalla in 217, the new emperor Élagabal drives out it of Rome. But its successor Alexandre Sévère the fact Prefect of the annone, then Prefect of the court in 222: It is the main thing adviser of the emperor. Unpopular near the Praetorian Guard to have decreased its privileges granted by Élagabal, it was killed under the eyes of Alexandre Sévère during a riot into 228.

Its work of lawyer comprises:

  • AD edictum of long comments of the Edict of the praetor
  • AD Sabinum on Massurius Sabinus (treating civil law)
  • treaties on the functions of the various magistrates.
as well as a series of treaties on particular questions and works intended for teaching.

He is the author most included in the Digeste of Justinien.

Some of its formulas remained famous, and were used much in the following centuries:

  • Jus is ars profit and aequi : The right is the art of the good and the equitable one. (sentence taken again with another jusrisconsulte less famous: Celse)
  • quo principi placuit legis habet vigorem : What the prince through Loi likes.
  • Princeps legibus solutus is : The prince is untied laws.
  • Imbecillitas sexus : weaker sex. It is this formula which will justify the legal incapacity of the married woman

It makes three major distinctions of the Right:

  • the natural right, which lies in all that nature brought to the living beings (without distinction); like the marriage, procreation, the education of the children.
  • the law of nations, or right of the people ( ius gentium ) is used by the people (this right belongs only to the being human)
  • the civil law (civil right Roman)

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