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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Format: | Article |
Language: | English |
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Maria Curie-Skłodowska University
2020-12-01
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Series: | Studia Iuridica Lublinensia |
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Online Access: | https://journals.umcs.pl/sil/article/view/10449 |
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author | Piotr Kołodko |
author_facet | Piotr Kołodko |
author_sort | Piotr Kołodko |
collection | DOAJ |
description | 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. |
first_indexed | 2024-12-13T03:22:06Z |
format | Article |
id | doaj.art-8257f3ea20b24a5e94370013461c1bfd |
institution | Directory Open Access Journal |
issn | 1731-6375 |
language | English |
last_indexed | 2024-12-13T03:22:06Z |
publishDate | 2020-12-01 |
publisher | Maria Curie-Skłodowska University |
record_format | Article |
series | Studia Iuridica Lublinensia |
spelling | doaj.art-8257f3ea20b24a5e94370013461c1bfd2022-12-22T00:01:20ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752020-12-0129511713110.17951/sil.2020.29.5.117-1317629A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4Piotr Kołodko0Uniwersytet w BiałymstokuThe 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.https://journals.umcs.pl/sil/article/view/10449niewolnikrzymskie prawo karneleges criminales |
spellingShingle | Piotr Kołodko A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4 Studia Iuridica Lublinensia niewolnik rzymskie prawo karne leges criminales |
title | A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4 |
title_full | A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4 |
title_fullStr | A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4 |
title_full_unstemmed | A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4 |
title_short | A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4 |
title_sort | few remarks on slaves and criminal law deliberations based on d 48 2 12 4 |
topic | niewolnik rzymskie prawo karne leges criminales |
url | https://journals.umcs.pl/sil/article/view/10449 |
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