Natura e ambiente nella visione giuridica romana

The definition of sustainable development developed by the World Commission on Environment and Development of the United Nations (1987) is based on the concept of a world order that, from the socio–economic point of view, is capable of ensuring needs of contemporary civilizations without compromising the opportunities to be offere to future generations. The foundation of this thinking is in the ability to identify the right balance that will allow us to continue on the path of progress and the people well–being, without damaging the environment on which our survival depends. The result is a model that pursues the goal of using natural resources wisely and with absolute respect for the environment. However, one cannot disregard the historical understanding of events and problems of the present. Therefore, on the premise that it would be inaccurate to speak of environmental law — as well as of ecosystems — in Roman legal experience, it seems possible to use today’s category of sustainability and sustainable development to investigate the issues addressed in Roman jurisprudential reflection, also for the knowledge that the ancient prudentes had about the connections among geographical, climatic, rainfall–weather, anthropic and economic elements: in a word, from everything that came from nature and phenomena originating from it, which in various ways could affect the activities of individuals. In this sense, the analyses of Roman jurists are developed on a rich set of issues, from the relations between private individuals due to the overflow of rainwater to the discipline of vis maior and casus fortuitus.