LA DIFESA DEL MARE NOSTRUM IN UNA COSTITUZIONE TEODOSIANA
THE DEFENSE OF THE MARE NOSTRUM IN A THEODOSIAN CONSTITUTION
Author(s): Mariateresa CarboneSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Law and Transitional Justice, EU-Legislation, Maritime Law, Court case
Published by: Софийски университет »Св. Климент Охридски«
Keywords: naval defense; grace; crimen maiestatis; cheaters; cheating; extremum supplicium
Summary/Abstract: The Justinian title “De poenis”, in CJ.9.47.25, severely punishes “Cives Romani” guilty of sharing information, regarding naval buildings, to the Barbarians. “Extremum supplicium” was inflicted upon the indicted. The “corpus Teodosianum” allows one to understand the reasons for the promulgation of this provision. With reference to CTh.9.40.24, this law gives an insight into the potential freedom granted to prisoners waiting for “extremum supplicium”. In the Theodosian version, the exceptional indulgence allowed towards episcopal figures, coming from within the Empire, is put in evidence. The omission of specific references made in CTh.9.40.24 from CJ.9.47.25, is attributable not only to the greater level of abstraction present in the Justinian code with comparison to the previous code, but also to ecclesiastical solicitations with regards to the established punishment.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 2
- Page Range: 243-252
- Page Count: 10
- Language: Italian