scholarly journals ACCUSATIO I INQUISITIO W PROCESIE KARNYM OKRESU CESARSTWA

2017 ◽  
Vol 2 (2) ◽  
pp. 7
Author(s):  
Bernardo Santalucia
Keyword(s):  
Roman Empire ◽  
Cognitive System ◽  
Roman Law ◽  
Criminal Proceedings ◽  
Dominant Character ◽  
The Public ◽  
Public Action ◽  
Police Services ◽  
Correct Analysis ◽  
The Law

ACCUSATIO AND INQUISITIO IN CRIMINAL PROCEEDINGS IN THE ROMAN EMPIRE PERIODSummary Until recendy it has been considered in the Roman law studies that the proceedings before queastiones perpetuae materially differed from cognitio extra ordinem. It has been assumed that the former had the nature of the action of law proceedings, the latter of the inquisition proceedings. According to the majority of specialists, the proceedings before quaestiones were initiated by citizen’s action demanding — on behalf of the whole community - that a crime be prosecuted, while cognitio extra ordinem was initiated by an official ordering its police services to prosecute a crime.At present the above presented view has opponents, who underline the significance of the action also in the cognitio extra ordinem. In their opinion, this prevailing conviction is hardly possible to be accepted taking into account a correct analysis of the sources speaking of the action of lawproceedings being privileged against the inquisition proceedings. It is also claimed that the terminology and principles of the action of law proceedings maintained their dominant character irrespective of the developments of the inquisition proceedings, and the law developed harmoniously both in the publica iudicia and the cognitio extra ordinem area untilthe end of the Western Empire, which is confirmed by the leges from IV and V century.The author of this article does not share these opinions. He is sure that the older researchers were closer to the truth of the Roman criminal proceedings. The inquisitio of judges and officials, applied in the first centuries of the Empire, became common along with the development of the cognitive system to finally deprive the public action of its original significance - in the decline of the Roman Empire period it no longer conditioned initiating the proceedings and was only one of the means to inform about crimes, which were prosecuted by criminal repression ex officio.

The leges municipales as a Means of Legal and Social Romanization of the Provinces of the Roman Empire

2020 ◽  
pp. 315-331
Author(s):  
Werner Eck
Keyword(s):  
Roman Empire ◽  
Daily Life ◽  
Second Century ◽  
Southern Spain ◽  
Roman Law ◽  
Legal Regulations ◽  
Documentary Evidence ◽  
General Phenomenon ◽  
The West ◽  
The Law

Sections of the leges municipales from at least forty different cities in Southern Spain have survived to us. These laws, understood as a powerful instrument by which Roman legal regulations were introduced into the provinces, are usually connected with Baetica. As a result it is too easy to overlook the fact that corresponding leges were issued wherever Roman or Latin cities were founded, and continued to be issued long after the Flavian era, the time to which most of the surviving fragments date. Documentary evidence has now made clear that leges municipales are a general phenomenon which continued to play a role in the second and third centuries CE. Fragments of city laws are known not only in the province of Alpes Maritimae, but also in Noricum (Lauriacum), Moesia superior (Ratiaria), and in Troesmis (Moesia inferior). The law for Troesmis is especially important because, in contrast to the laws from Baetica, it was issued for a Roman and not a Latin municipium. This demonstrates that specific Roman legal regulations, which were issued in Augustan times exclusively for Roman citizens, were still of relevance in the second century and also must have been used in the province of Moesia inferior. This material indicates that people had to obey Roman legal regulations more or less everywhere in nearly all provinces of the West. The leges municipales were thus one of the decisive means by which Roman law spread in the provinces—more so than has previously been realized—and could even be the basis for daily life.

'Verfallpfand' in early classical Roman Law: real security in the archive of the Sulpicii

2011 ◽  
Vol 79 (1) ◽  
pp. 1-46
Author(s):  
H.L.E. Verhagen
Keyword(s):  
Roman Empire ◽  
First Century ◽  
Roman Law ◽  
Valuable Insight ◽  
Commercial Lenders ◽  
The Law ◽  
Insight Into

AbstractThe writing tablets discovered in 1959 near Pompeii (Tabulae Pompeianae Sulpiciorum or Tabulae Pompeianae Novae) provide a unique and extremely valuable insight into the 'law in action' in the Roman Empire of the first century AD. In particular, these tablets allow us to assess the functioning of the law of secured finance, as it was applied by the Sulpicii family and other commercial lenders in the seaport town of Puteoli (Pozzuoli). The focus of this article is on the enforcement of a right of pledge in case of default by the debtor. In particular, it discusses whether the creditor then acquired ownership of the pledged property or whether he was only entitled to suspend his obligation to return the pledged property to the debtor. It is argued that the most likely interpretation of the writing tablets is that the creditor acquired ownership when the debtor defaulted and that this enabled him to sell the property at auction or otherwise.

scholarly journals Essay on Application of Byzantine Law in the Modern Bessarabia

2021 ◽  
Vol 12 (1) ◽  
pp. 205-223
Author(s):  
Anton D. Rudokvas ◽  
◽  
Andrej A. Novikov ◽  
Keyword(s):  
Roman Empire ◽  
Local Population ◽  
Case Study Research ◽  
Roman Law ◽  
General Description ◽  
Early 19Th Century ◽  
History Of Law ◽  
The Law ◽  
Formed Part ◽  
The Russian Empire

The article describes the application of Byzantine law in the region of Bessarabia which formed part of the Russian Empire from the early 19th century until 1917. The empire allowed the local population to apply their local laws for the regulation of their civil law relations. Due to historical reasons, these local laws were identified with the law of the Byzantine Empire which had already disappeared in 1453. The authors of the article provide a general description of the sources of Bessarabian law and then turn to case study research regarding the jurisprudence of courts on the issues of the Law of Succession in Bessarabia. They demonstrate that in interpreting the provisions of the law applicable, Russian lawyers often referred to Roman law as a doctrinal background of Byzantine law. Furthermore, they did not hesitate to identify Roman law with Pandect law. Even though the doctrine of the Law of Pandects had been created in Germany on the basis of Roman law texts, it was far from the content of the original law of the Ancient Roman Empire. The fate of the practical application of Byzantine law in Bessarabia reflects some general problems of the ‘legal transplants’ in the history of law and therefore provides additional materials for the theoretical study of the issues of ‘legal transfer’ in history and nowadays.

Roman Law

2014 ◽  
Author(s):  
Thomas Izbicki
Keyword(s):  
Roman Empire ◽  
Canon Law ◽  
Common Law ◽  
Public Law ◽  
Roman Law ◽  
Real Property ◽  
The West ◽  
The Common ◽  
The Law ◽  
The Republic

During the Middle Ages, law loomed large in efforts to manage life situations, beginning with the adaptation of late imperial law to the successor or barbarian kingdoms of the West. Alongside local law and custom, the learned law was increasingly used to answer questions and settle disputes about family issues such as marriages and dowry, property and inheritance, contracts, and crime. Study of the law, not only as taught at the universities but as used to advise judges who lacked formal training, illuminates the status of women and children under patriarchy. Although Roman law was geared more to private than public law, political issues were addressed. Moreover, Romanistic procedure had a wide influence across Europe. Even where Roman law was not received, it had its influence via canon law and specialized courts. This is evident in England, where the common law governed real property, but canon law introduced the possibility of testamentary disposition of certain possessions. Similarly, the admiralty courts dealt with issues such as navigation and salvage on the basis of civil law. Roman law began in the Republic, beginning with the Twelve Tables of the Law (450 bce), resulting from struggles between patricians and plebeians. Under the Republic certain men knew the laws; but there were no legal careers. The most important judicial document was the praetor’s edict about procedure, the foundation of later jurisprudence. Both the popular assemblies and the Senate legislated for both the private and the public spheres, and the jurisconsults of the imperial period commented on their enactments. The Roman Empire produced jurisconsults able to give authoritative advice, and some wrote on the laws. Emperors legislated, and collections of their laws were compiled. The most important, the Theodosian Code (438–439 ce), influenced the Latin churches and the codes of the Western barbarian kingdoms. In the East, the study of law continued. Eventually Justinian I ordered systematization of centuries of jurisprudence. The Institutes served as a textbook. The works of the jurisconsults were divided topically in the Digest (Pandects). Imperial decrees were collected in Justinian’s Code with supplements in the Novellae. This Corpus iuris civilis (529–534 ce) was diffused throughout Justinian’s empire but had little influence in the West for centuries. The largest part of Justinian’s corpus is concerned with private, rather than public, law. Later jurists retained that focus in most of their writings. Revived study of Roman law in the West is tied traditionally to recovery of the Digest (c. 1070 ce). The teaching of law took root at the University of Bologna. The Glossators expounded texts and annotated (glossed) them. The Bolognese curriculum divided the Digest into Old Digest, Infortiatum, and New Digest. The first nine books of the Code were treated together, while the Institutes, last three books of the Code and Authenticum, a version of the Novellae, with two books on feudal law, made up the Volume. The direction of study changed in the 14th century. The Commentators (Post-Glossators) created detailed expositions of the entire corpus. The Commentators predominated even after humanists criticized their Latin and their interpretative methods. Works on procedure or specific topics, records of disputations, and opinions (consilia) on cases were written. All of these genres originated in the manuscript milieu, but many texts were printed beginning in the 15th century. Lawyers trained at the universities taught, provided advice, served as judges, and worked as bureaucrats. In much of Italy, the learned law was fused with elements of feudal law in the ius commune (common law). Most consilia engaged both the common law and the ius proprium of localities to be relevant in specific contexts. The Roman law was received through much of Europe in the late medieval and Early Modern periods, but its influence in England was mostly indirect.

Early “Italian” Scholars of Ius Gentium

2020 ◽  
pp. 19-47
Author(s):  
Claudia Storti
Keyword(s):  
Roman Empire ◽  
Middle Ages ◽  
Legal Order ◽  
Roman Law ◽  
Legal Tradition ◽  
Shared Set ◽  
Law Of Nations ◽  
International Legal Order ◽  
The Law ◽  
Ius Gentium

Between the twelfth and fifteenth centuries several issues led jurists to rethink the international legal order established in the Roman Empire and the Early Middle Ages. The first was the need to update the list of the law of nations legitimate subjects after the birth of the commune that had not been accounted for in Roman-law sources. The second was to recreate a superior and universally shared set of ‘public’ law rules for international relations to counteract the tendency of communal and monarchical governments to consider the law inter gentes as a form of internal law. In order to address this issue Bartolus of Sassoferrato adapted the Roman category of ius gentium to the features of the medieval geopolitical context. Other topics focused on defining the enemy, freedom of peoples, and treaties among unequal subjects, while the theory of ius gentium of Alberico Gentili was fully rooted in the medieval and early modern legal tradition.

scholarly journals FAŁSZOWANIE OZNACZEŃ AUTORSTWA W STAROŻYTNYM RZYMIE A USTAWA ‘LEX CORNELIADE FALSIS’

2016 ◽  
Vol 14 (3) ◽  
pp. 149
Author(s):  
Katarzyna Kręźlewicz
Keyword(s):  
Roman Empire ◽  
Criminal Law ◽  
Legal Protection ◽  
First Century ◽  
Roman Law ◽  
Ancient Rome ◽  
Weights And Measures ◽  
The Public ◽  
False Identity ◽  
Modern Sense

FALSE DESIGNATION OF AUTHORSHIP IN ANCIENT ROME AND THE LEX CORNELIA DE FALSIsSummaryThe lex Cornelia testamentaria nummaria, later known as the lex Cornelia de falsis, was the first Roman comprehensive anti-fraud law. Initially its scope only covered forged wills and counterfeit coinage. In the early first century AD other documents were given legal protection under criminal law against forgery. Later Roman anti-fraud laws were expanded to cover cases of falsifying documents, making false statements, corrupting judges, and adulterating and using adulterated weights and measures. There was no legal definition in ancient Rome of the trademark in the modern sense, but craftsmen’s stamps and workshop marks, which had been in use since time immemorial and were an indispensable appurtenance associated with the expansion of the Roman Empire and the growth of its trade, played a similar role. The use of false or forged designations could presumably be treated as analogous to the use of a false identity, which was punishable by the poena legis Corneliae. However, there are no Roman law sources showing evidence of protection for this kind of designation. Presumably there was a need for craftsmen’s marks to inform buyers about a product’s origin and features. Yet the real purpose of those descriptions was to protect the interests of the craftsman or producer, while the protection of his customers was more of an indirect effect. There are no sources to unequivocally confirm the punishability of counterfeiting craftsmen’s marks and the treatment of the phenomenon as fraud. The Roman legislator did not perceive the use of forged designations as a violation of the public good, but rather only as a risk which individual craftsmen or producers had to reckon with. The lex Cornelia penalised conduct that could affect the interest of the public and state. In the opinion of the Roman legislator false authorship only violated the interest of the producer concerned.

scholarly journals Results of an empirical study on the effectiveness of urgent measures in the Republic of Serbia

2021 ◽  
Vol 63 (1) ◽  
pp. 19-43
Author(s):  
Aleksandar Bošković ◽  
Tanja Kesić
Keyword(s):  
Domestic Violence ◽  
Public Prosecutor ◽  
Preventive Action ◽  
Criminal Proceedings ◽  
The Public ◽  
Individual Number ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Individual

Contemporary legislation, not only criminal and criminal proceedings law, has entered a new stage, that is currently underway and that is reflected in significant reforms and new legislation, as well as seeking new solutions to increase efficiency in preventing and combating domestic violence. The Republic of Serbia embarked on this path by adopting the Law on Prevention of Domestic Violence, which should primarily intensify the preventive action of the competent state bodies in cases of domestic violence. The Law on Prevention of Domestic Violence started to be applied on June 1, 2017 and given the fact that it has been applied for the past three years, it is necessary to carry out an adequate analysis and to evaluate whether it has increased efficiency when it comes to combating domestic violence. In this regard, the subject of this paper is primarily the analysis of the practical application of urgent measures provided by the Law imposed by the police, the public prosecutor and the court. This research will cover a period of two years of applying of the law, i.e. the period from June 1, 2017 to May 31, 2019. During the research, the statistical method was used along with the methods of analysis, deduction, comparison and description. The paper will analyse: both the total and the individual number of urgent measures imposed by the police; territorial distribution of the imposed urgent measures on the territory of the Republic of Serbia; imposing of extended urgent measures by the court, and a significant aspect of this research will be dedicated to the issue of violations of the imposed urgent measures.

scholarly journals Law and Finance “at the Origin”

2009 ◽  
Vol 47 (4) ◽  
pp. 1076-1108 ◽  
Author(s):  
Ulrike Malmendier
Keyword(s):  
Roman Empire ◽  
Roman Law ◽  
Political Environment ◽  
Ancient Rome ◽  
Law And Finance ◽  
Historical Evidence ◽  
Early Form ◽  
Supportive Environment ◽  
Political Interests ◽  
The Law

What are the key determinants of financial development and growth? A large literature debates the relative importance of countries' legal and political environment. In this paper, I present evidence from ancient Rome, where an early form of shareholder company, the societas publicanorum, developed. I show that the societas publicanorum flourished in a legally underdeveloped but politically supportive environment (Roman Republic) and disappeared when Roman law reached its height of legal sophistication but the political environment grew less supportive (Roman Empire). In the Roman case, legal development appears to have mattered little as long as the law as practiced was flexible and adapted to economic needs. The “law as practiced,” in turn, reflected prevalent political interests. After discussing parallels in more recent history, I provide a brief overview of the literature on law and finance and on politics and finance. The historical evidence suggests that legal systems may be less of a technological constraint for growth than previously thought—at least “at the origin.” (JEL D72, K10, N23, N43)

International Administration of European Inland Waterways

1946 ◽  
Vol 40 (1) ◽  
pp. 100-120 ◽  
Author(s):  
Louis B. Wehle
Keyword(s):  
United States ◽  
Roman Empire ◽  
The United States ◽  
Roman Law ◽  
Inland Waterways ◽  
Inland River ◽  
International Body ◽  
The Law ◽  
International Boundaries ◽  
Freedom Of Navigation

Gaius and Charlemagne and President Truman seem to be working hand in hand across the centuries to bring about coördination of European inland waterways. Under the law of the Roman Empire such waterways, when constituting or crossing international boundaries, were free to use by all nations within the Empire. Since 1815, as we shall presently see, there have been successive organized attempts, mostly unsuccessful, to revive and apply this principle of freedom of navigation of the Roman Law on the Rhine, the Danube, and elsewhere. The United States, through President Truman, at the July–August Berlin (Potsdam) conference of the victorious allies, proposed that navigation over the internal waterways of Continental Europe be free to all nations under international control. More recently, in the latter weeks of 1945, grave obstacles and problems threaten the realization of the Truman proposal. The writer believes that if we visualize clearly the mechanism and workings of an international body vested with control of inland river navigation, we can better appraise the merits of that proposal.

‘Provincial Law’ in Britannia

2020 ◽  
pp. 436-461
Keyword(s):  
Roman Empire ◽  
Central Core ◽  
Roman Law ◽  
Roman Britain ◽  
Current State ◽  
The Law

‘In contrast to the Hellenized provinces of the East, the Western provinces—and especially those within the Libyan, Iberian, Celtic and Germanic linguistic zones—seem to present a relatively “barren” pre-Roman legal landscape….’ (Humfress 2011, 44). This observation by Humfress forms the central core of this chapter. The aim is to assess the current state of knowledge about Roman law in Roman Britain while exploring themes such as the existence of indigenous systems of knowledge; the Roman engagement with these systems; and the use of Roman law as an instrument of ‘Romanization’. Attention is also paid to the agents of transmission of the law in Roman Britain (the army, civilian traders and scribes). This will be done against a backdrop of recent research into the application of Roman law in the Roman Empire prior to 212 CE.

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