Studia Prawnicze KUL, 2019, nr 4
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Browsing Studia Prawnicze KUL, 2019, nr 4 by Subject "chrześcijaństwo"
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- 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.
- 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.
- ItemSummum supplicium in the Legislation of Christian Roman Emperors(Wydawnictwo KUL, 2019) Chmiel, AndrzejThis publication is an attempt to answer the question: what was the role of the criminal penalty, especially in its strictest form (summum supplicium) in the Roman legislation of Christian emperors? Finally, whether is it noticeable, based on the example of summum supplicium, that Christianity influenced the Roman criminal law in any way? As it has been demonstrated, the new state religion did not radically change the Roman criminal legislation. The legislation of the Christian emperors confirmed both, the division of society into servi and liberii that had existed for centuries in the Roman state and the diversity of the legal situation of individual social groups. Punishment in the legislation of Christian emperors continued to fulfil the role it had played in the previous centuries and became, even more than ever before, an essential tool for the political struggle of the present state authority. The finest example of this was the legislation of Constantine the Great, followed by all the severity of criminal repression which resulted in the issuing of this legal act. A great desire to bring about a new order, maintain power and even the fear of losing it can be detected in the strictness of the Constantine’s legislation. Finally, the once persecuted Christians began to behave like their previous persecutors.