Reforms and Positive Law (the Case of Roman Law)

Abstract

The article focuses on the problems of positive law variability in the form of reformation of current legislation. The author states that reforms as the changing process in the current legislation are possible only in the field of positive law, which is free from objectivity and absolute transcendence. The standards of positive law are artificial, created by people, and therefore relative, with strong subjectivity. They are volatile, conventional, sometimes having «double scale of values» character, they are completely utilitarian. The paper presents the author's substantiated position on the nature of positive law, which allows variability of legal basis of social existence. Reforms in the positive law are one of the forms of searching effective means of interpersonal dispute settlement being adequate to social conditions. The article raises the question of phenomenon of ambiguity of reforms in the law. Based on the analysis of the Roman law provisions, the author suggests that the reforms could be: according to the direction – positive or negative; according to the source – voluntary or forced (the starting point is the position of legislator); according to the results – moderate and radical. Conclusions on the kinds of reforms in the positive law of ancient Rome are proved by factual and illustrative material on the history of Roman law and Roman legal heritage.