The Distinction between Persons & Things: An Historical Perspective

Abstract

The author provides an historical account of the evolution of the civil law concepts of persons and things, which can be traced back through the pages of history to a single source: the Institutes of Gaius. For over a millennium after Gaius, the development of a more scientific understanding of the distinction between persons and things remained elusive. Not until the emergence of the new school of “natural law” theory in the 16 century, of whom the earliest representative is Grotius, did anyone do much to improve on the old Roman schema. The author identifies innovations in the schema during the early 19 century, when a number of scholars, most of them in Germany, provided something of a new “take” on the distinction and, in so doing, developed what many now call the “modern” understanding of persons and things. During the 20 century a number of thinkers within the civil law tradition (e.g. Kelsen) took yet another look at the distinction between persons and things. The author also explores some of the current challenges that the distinction faces due to new technologies and cultural needs.

Keywords: Roman Law, Legal History, Civil Law, Persons, Things, Legal Thought, Natural Law