The classic definition of justice as a virtue of persons was offered by the third-century Roman lawyer Ulpian
: "Justice is the habit whereby a man renders to each person his due with constant and perpetual will." In other words, a just person is always disposed to give to others what is theirs, what they have a right to receive.
This scheme hangs on the Ciceronian proverb that the Elizabethan playwright Ulpian
Fulwell made into an interlude, Like Wil to Like (1568), which the social anthropologist James Frazer called the first law of magical thinking, the law of similarity, "that like produces like." (18) More recently, the historian Stuart Clark has characterized magical thinking as "oppositional thinking," and I would like to suggest that Prospero conjures Caliban into a system of what Clark calls "dual symbolic classification":
It cites Ulpian
, a third-century Roman lawyer who declared that justice is the rendering to each person what he or she deserves.
Perhaps the laywer Susius grasped the use of res mortalis in a legal context to refer to a slave, a "human object," suggesting a more negative connotation and debasement and sanctioning a more stringent metaphor in describing the poet's captivity in love (Ulpian
, Edict, book 1: But, if proceedings be brought more than once on the same ground, the common defense of res judicata will lie.
The dramas surveyed include John Bale's Three Laws and King Johan, John Heywood's Play of the Weather, Ulpian
Fulwell's Like Will to Like, and William Wager's Enough is as Good as a Feast from the English corpus, and Jan Smeeken's Play of the Holy Sacrament of Nyeuwervaert (a Eucharistic miracle play), Antichristspel (an Antichrist play), Appelboom ("The Play of the Apple Tree"), and Pyramus ende Thisbe, all from the Dutch.
It had many imitators in the ancient world; Florentinus, Ulpian
, and Marcianus wrote Institutiones, some on a more elaborate scale than Gaius.
Gaius, Institutes hi, [section] 211, in The Institutes of Gaius and Rules of Ulpian
(James Muirhead trans.
The similarities of socialist and Ulpian
The maxim of Roman law suum cuique tribuere (give to each his due), which for the Roman jurist Ulpian
was one of the three basic principles of right, expresses this understanding.
In Athenaeus's book of hetaira, Ulpian
has complained about wasting money on expensive hetairai when so many cheaper options are available and Myrtilus quotes from Metagenes (fr.