Abstract

Can we speak of "individual rights" in the Roman experience? The Author examines the concepts of "actio, res incorporalis" and the very term "ius" - when used in a subjective context - and their possibile relationship to the exclusively modern notion of "subjective right". The lack of an ancient theorization of the above mentioned category cannot be explained through the mere absence of a theoretical-systematic awareness, but rather as the absence of the two elements - the subject (understood as "subject of right") and the "State" - the dialectic of which gives birth to the idea of "subjective right".