Studia Prawnicze KUL, 2019, nr 4
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- ItemAge of a Victim as Crime’s Feature in Roman Law(Wydawnictwo KUL, 2019) Kosior, WojciechThe conducted research revealed that the matter of age in the sources of Roman law appeared several times in a combination with the victim and was the feature of some delicts and crimes. The article demonstrates that in Roman law, in cases of unlawful acts, not only was the perpetrator’s age important, but also sometimes the age of the victim depended on the perpetrator’s liability. In modern law, we can also find the provisions in which the perpetrator’s liability depends on the age of the victim. For example, Article 200 § 1 of the Polish Penal Code can be listed here. The aim of the presented article is to describe unlawful acts (mostly crimes) occurring in Roman law, in which the perpetrator’s liability depended on the age of the victim. So far, the above-mentioned thematic hasn’t been described in the literature of the subject, because when the matter of age in this context was analyzed, the most attention was focused on the age of the perpetrator and his ability to bear liability. The result of the research was to discover and elaborate Roman law sources where in fact the perpetrator’s liability depended on the age of the victim. Selected examples are presented in the text.
- ItemArs boni et aequi – meeting between art and law Seminar Warsaw, 17 June 2019(Wydawnictwo KUL, 2019) Leraczyk, Izabela
- ItemChristian Influence on the Roman Calendar. Comments in the Margins of C. Th. 9.35.4 = C. 3.12.5 (a. 380)(Wydawnictwo KUL, 2019) Wiewiorowski, JacekThe text analyses Christianisation of the Roman calendar in the light on the Roman imperial constitutions in the 4th century. The author first of all underlines that only humans recognise religious feasts despite that human perception of time is not that remote from the apperception of time in the case of other animals and that the belief in the supernatural/religion and rituals belong to human universals, the roots of which, together with the judiciary, are to be sought in the evolutionary past of the genus Homo. Furthermore, the author deduces that the first direct Christian influence on the Roman official calendar was probably C. Th. 9,35,4 = C. 3,12,5 (a. 380), prohibiting all investigation of criminal cases by means of torture during the forty days which anticipate the Paschal season, contesting the opinion that dies solis were regarded as dies dominicus (Christian Sunday) already in C. Th. 2,8,1 and C. 3,12,2 (a. 321). Finally, on the margin of the Polish debate concerning the limitation of legal trade during Sundays, when Constantinian roots of dies dominicus were quoted frequently and with great conviction, the limitations of politics of memory are underlined.
- ItemClericus quidam crimine carnis. Legal and Iconographic Intricacies in Causa 15 of Gratian's Decretum(Wydawnictwo KUL, 2019) Adamczuk, ArkadiuszThe article analyses a problem of the iconography in Causa XV in the Gratian’s Decretum. The problem posed by the Bolognese Camaldolese monk firstly concerns the accusation by the woman with whom the priest sinned and secondly the use of torture in the canonical process. In both cases, the author of the Decretum resolves the problem also citing Roman law, among others, by citing the Digest or the Diocletian’s Code. Miniatures illustrating this Causa, and thus the same text, are different in their iconography depending on the time and place where the specific copy of the manuscript was made. This is mainly due to different, local traditions (e.g. in the medieval Italian countries).
- ItemContra legem Christianam. Crime and punishment in the Christian Rome Poland-wide scientific conference Kazimierz Dolny, 7-9 June 2019(Wydawnictwo KUL, 2019) Leraczyk, Izabela
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- ItemGrzegorz Nancka. Prawo rzymskie w pracach Marcelego Chlamtacza, Wydawnictwo Uniwersytetu Śląskiego, Katowice 2019, ss. 278(Wydawnictwo KUL, 2019) Kosior, WojciechBook Review: Grzegorz Nancka. Roman Law in the Scholarly Output of the Marceli Chlamtacz. Wydawnictwo Uniwersytetu Śląskiego, Katowice 2019, ss. 278
- ItemHumanitas and Severitas On Possible Impact of Christianity on Roman Criminal Law in Fourth Century(Wydawnictwo KUL, 2019) Zalewski, BartoszThe article synthetically presents the main directions of the possible influence of Christianity on the Roman criminal law, which are characterised by two mutually opposing tendencies: intensification and alleviation of penal repression. However, one cannot overestimate the influence of Christianity on the Roman criminal law of the period in question, covering the years 313–380. Christianity did not have a fundamental impact on the imperial legislation during that period and did not contribute to the discontinuation of the trends already occurring in the period of the late Principate.
- ItemInternational Scientific Conference: Roman Law as a Foundation of the European Legal Culture: Ukrainian and Polish Experiences, Lviv, 9-10 April 2019(Wydawnictwo KUL, 2019) Nancka, Grzegorz
- ItemNon enim crimen dicitur, quod mortis adegit impulsus – notes on the CTh. 15.14.14.(Wydawnictwo KUL, 2019) Leraczyk, IzabelaThe article analyses the constitution issued by Emperor Honorius in the year 416, concerning the perpetrators of offences qualified as crimen as the exemption from criminal liability, in a situation when such actions were undertaken during the barbaric invasions, escape from such invasions or the rule of the usurpers. The act governs that an action perpetrated for fear of one’s life cannot be seen as crime. The article analyses specific terms used in the above-mentioned legal act, especially in the context of the contemporary legal terminology of the epoch. Moreover, it presents the historical backdrop behind the issuing of the constitution, together with other regulations regarding collaboration with the enemy, both volitional and under coercion.
- ItemPontius Pilate as a Late Antiquity and Early Medieval Judge – Iconographic Representations(Wydawnictwo KUL, 2019) Rupiewicz, RomanaThe image of a judge in Late Antiquity is shrouded in mystery, as visual artefacts depicting court proceedings are scarce. Early Christian sarcophagi and miniatures adorning early manuscripts help in researching this topic. Illustrations of the trial of Jesus found there fully represent jurisprudence of the 4th and 5th century. Western artists had no knowledge of the hearing held at the beginning of the first century in Jerusalem, in a Roman province, hence they recreated what they knew from experience. The pictures presenting the trial of Jesus are probably the most important iconographic evidence of court proceedings, in which a judge and an accused stand facing each other. Based on the iconography analysed, we can see that certain elements are recurrent. They include a curule seat, crossed legs of the judge, a laurel wreath, a table, the presence of other persons wearing soldiers’ uniforms and clerks, whose role was probably that of a record taker. The image of Pilate in Late Antiquity is, in fact, a representation of early court scenes.