Year: 2025
Type: article
Abstract: The purpose of the article is to critically explore and analyse the original concept of freedom formulated by the renowned Spanish scholar of Roman law, Álvaro d’Ors (1915–2004), drawing from his numerous, yet not fully systematised or compiled, teachings. Drawing on the Roman legal notion of libertas and employing legal and philosophical frameworks, d’Ors advances from freedom of choice to moral freedom, ultimately culminating in its highest form of responsible freedom. Furthermore, by scrutinising d’Ors’ argument that responsibility constitutes the essential presupposition of freedom, the article seeks to offer a compelling counterpoint to modern interpretations of freedom. Finally, while acknowledging shortcomings of d’Ors’ treatment from the perspective of the philosophical foundations of law, the article aims to demonstrate the enduring relevance of Roman law to contemporary philosophical and legal debates concerning freedom, responsibility, and civil order.
Source: Studia Prawnoustrojowe
DOI: 10.31648/sp.11334
Author: María Alejandra Vanney
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414666441
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