A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4
A Few Remarks on Slaves and Criminal Law: Deliberations Based on D. 48, 2, 12, 4
Author(s): Piotr KołodkoSubject(s): History of Law, Criminal Law, Ancient World
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: slave; Roman criminal law; leges criminales;
Summary/Abstract: 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.
Journal: Studia Iuridica Lublinensia
- Issue Year: 29/2020
- Issue No: 5
- Page Range: 117-131
- Page Count: 15
- Language: English