Evaluation

That the notion of human rights was well understood in Ancient Rome is already clear and will become even clearer in the pages that lie ahead. The picture is admittedly clouded by the dark side, but so is the modern institution.

First, we have not attempted to cover all aspects of the multifaceted concept of human rights. It is not possible to say everything about everything. Considerations of space prescribe that a selection be made. The study is geared primarily to the brutality/ savagery aspect, which corresponds to the first group in the Universal Declaration. It comes closer than any other selection to presenting human rights in the round. One or two non-treated aspects will however be touched on.¹⁶ Second, there are differences of genesis between ancient and modern versions of human rights. Modern formulations are responses to crisis situations. The seventeenth- and eighteenth-century models were triggered by revolutions, while the Universal Declaration was a reaction against twentieth-century barbarism. Crisis situations, or at any rate defining moments, can of course be identified on the Roman scene as well. But there is a difference. Where the Universal Declaration was cobbled together in some haste after World War II, the Roman model evolved more slowly and casuistically. It was a true product of an ethos that disliked putting reforms in place ahead of time. It was essentially a matter of organic growth, of steady adaptation to change. The unique combination of growth coupled with flexibility-within-stability gave an advantage denied to the modern successor. The Romans had a clearer perception of the limitations of human nature. Humanitas was, after all, an attribute of the human race, and its ideals had to be pitched at an achievable level. Rome was never disposed to reach beyond the possible.

Finally, a further word about our suggestion that the Roman model was the ancestor of modern human rights. That claim will not be seriously disputed by workers in the ancient field,¹⁷ but it is usually ignored by modern investigators. It is hoped that this study will not only offer students of antiquity some new insights, but will persuade workers in the modern field to move their goalposts further back.