“Jurisprudentia” versus “ciência do direito”: o fim da constitucialização/codificação do direito é condição de sobrevivência do jurídico?

Abstract

Today constitutions and codes continue to be identified with the law. Codifica- tion, due to the normative systematicity it makes possible, appears at the base of the construction of Law as a science. Now, in addition to anachronism, the systematicity/scientificity of Law denies its classical-Roman root/matrix (iurisprudentia), before the stoic/rhetorical (Cicero) and didactic (Gaio) drift of the ius Romanum led to its codification and imperial standardization . Roman jurisprudential law shows that the system is not “the specific form of being of law” (it is not inherent in the idea of law). Jurisprudents are essentiall practical, in the sense that their goal is to find just solutions to resolve conflicts.