A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4

The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves...

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Bibliographic Details
Main Author: Piotr Kołodko
Format: Article
Language:English
Published: Maria Curie-Skłodowska University 2020-12-01
Series:Studia Iuridica Lublinensia
Subjects:
Online Access:https://journals.umcs.pl/sil/article/view/10449
Description
Summary:The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves evolved in two directions. The dominica potestas was exercised by owners, as well as the collegial body – tresviri capitales. From the Principate period, Roman jurists were convinced that the legal status of a slave and a free person was identical under criminal law. The difference between these offenders was non-exercise of leges criminales with a penalty that would be inadequate for their legal status, or ruling and exercising of more severe penalties against slaves.
ISSN:1731-6375