Читать книгу Common Good Constitutionalism - Adrian Vermeule - Страница 4

[I]t is impossible that there can be a right which does not aim at the common good. Hence Cicero is correct when he says in the De inventione that laws are always to be interpreted for the benefit of the community. For if laws are not framed for the benefit of those who are subject to the law, they are laws in name only, but in reality they cannot be laws; for laws must bind men together for their mutual benefit. Dante Alighieri, De Monarchia (Prue Shaw, trans. and ed.)

The praetor is also said to render legal right (jus) even when he makes a wrongful decree, the reference, of course, being in this case not to what the praetor has done, but to what it is right for a praetor to do. Digest of Justinian 1.1.11 (Alan Watson, trans.)