Authors
Ralph Évêque
Published in
Journal international de bioethique et d'ethique des sciences. Volume 37. Issue 3. Pages 23-36.
Abstract
This article examines the legal status of the human body through the classical dichotomy between person and thing, which continues to structure contemporary law. It argues that the conceptual deadlock surrounding the body stems from the Roman legacy of the summa divisio. A close reading of Roman law shows that, contrary to common assumptions, Roman jurists were able to conceptualize the human body without formally creating a third legal category. By analysing Roman exceptions such as res sacrae and the figure of the homo sacer, the article highlights a flexible legal reasoning capable of addressing borderline entities. These Roman insights shed new light on modern legal difficulties surrounding the treatment of the human body.
PMID:
42977557
Bibliographic data and abstract were imported from PubMed on 04 Nov 2026.
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