Justinian and the Freedom of the Sea
Bibliographic Data
| ID | 9561014 |
|---|---|
| Authors | Percy Thomas Fenn (Washington University in St. Louis, corresponding author) |
| Year | 1925 |
| Volume | 19 |
| Issue | 4 |
| Pages | 716-727 |
| Publication date | 1925-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2188310 |
| OpenAlex | W2319573190 |
| Language | EN |
| Citations received | 5 |
The text of the jurist Marcianus, preserved in the Digest of Justinian, is the first formal pronouncement in recorded legal theory on the legal status of the sea and on the right of men to use the sea and its products. It is stated that the sea and its coasts are common to all men. Since Marcianus lived in the early years of the second century of the Christian era, it follows that this doctrine was known in a written form at least as early as the beginning of the second century. Since, further, Marcianus belonged to that class of jurists the official pronouncements of which were recognized as being statements of the law, it follows that the doctrine of the common right of all men to a free use of the sea was a law of the Roman Empire at the beginning of the second century, although this law was not put in a codified form until the sixth century
Ancient history · Doctrine · Empire · Political science · History · Law · Law, logistics, and international trade · Philosophy
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,19 |
| Citation span | 1999 - 2026 (28) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 5 |