Papers by Bartosz Zalewski
Annales UMCS Sectio G Ius, 2024
Poena est noxae vindicta. Retribution as a rationalization of punishment in Roman kingship, repub... more Poena est noxae vindicta. Retribution as a rationalization of punishment in Roman kingship, republic and principate era
The presented study concerns the issue of retributive rationalization (function, justification) of punishment in Roman law – from its semi-legendary beginnings to the end of the principate. The understanding of the penalty as a fair repayment for the evil caused and constituting a peculiar substitute for revenge (personal or family) was characteristic for many ancient communities. Also at the beginning of Roman statehood, the main purpose of punishment was not to scare the perpetrators, as a form of prevention, but a fair repayment (retaliation) for the harm caused (poena est noxae vindicta).
During the royal period, attempts to limit the phenomenon of private bloody revenge took place, as exemplified by the legislation of king Numa Pompilius regarding the effects of unintentional murder of a free man. An important manifestation of the restriction of the phenomenon of private bloody revenge turned out to be adapted by the Romans the law of talion. However, already in the Law of the Twelve Tables, the Quirites provided the possibility of withdrawing from talion to settlement. In the period of the republic, talion came out of use. During the period of classical law, the Roman jurisprudence continued to maintain the current attitude of the Romans to the retributive function of a criminal penalty, and the idea of the talion understood as “just repayment for the committed act”, was still alive in its views, and in some imperial constitutions. The retributive rationalization of the criminal penalty was mainly realized in the order to measure it pro admissi criminis qualitate by the judge in extra ordinem cognitio.
Forum Prawnicze 6/80, 2023
The article examines arguments based on Roman law in Chapter V of Hugo Grotius’ Mare liberum, siv... more The article examines arguments based on Roman law in Chapter V of Hugo Grotius’ Mare liberum, sive de iure quod Batavis competit ad indicana commercia dissertatio. This short treatise, constituting in fact an extract from a larger work known as De iure praedae commentarius, not published during Grotius’ lifetime, is an excellent example of how new normative solutions can be developed on the basis of existing legal institutions. Some of these institutions, despite having been developed as part of the ancient Roman law, were treated by Grotius as having their origins in natural law (ius naturale), or the law of nations (ius gentium). The reference to natural law certainly facilitated the transposition of institutions that had historically fitted into the framework of private law (ius privatum) into the realm of public law (ius publicum). This tendency was one of the key factors in the development of the early modern concept of ius gentium. Hence, the analysis covers the institutions and concepts invoked by Grotius, such as, in particular, occupatio, res publicae, and res omnium communes. Their use is a proof of the realism of Grotius, who creatively applied the institutions of Roman private law to public jurisdiction over the seas.
Kultura Prawna 6, 2023
The concept of ius gentium in selected works of legal literature of the 12th and 13th centuries
... more The concept of ius gentium in selected works of legal literature of the 12th and 13th centuries
Shaping of the concept of modern European public international law was a long process. Its genesis should be sought in the Middle Ages, when the notion of ius gentium, known to Roman law, was subjected to a creative interpretation. The article analyzes excerpts from selected works of medieval legal literature from the twelfth and thirteenth centuries as far as they concerned the concept of ius gentium. This is to show the paths of the evolution of this concept in the output of glossators, contemporary canonists and the thirteenth-century representatives of the Orlean school of law.
„Acta Iuris Stetinensis” 2024, No 3 (49), pp. 125–156, 2024
The aim of this study is to discuss information on the origins of natural law (ius naturale) in E... more The aim of this study is to discuss information on the origins of natural law (ius naturale) in Etymologiae (Etymologiarum sive Originarum libri XX) written by St. Isidore of Seville (d. 636). Such a choice of the subject matter seems reasonable mainly because research on Christian concepts of natural law as a rule places the study of St. Thomas Aquinas's natural law theory as its focal point. Previous Christian concepts are only briefly touched upon. Meanwhile, they have immense historical significance that have determined the entire Christian reflection on the idea of natural law since as early as the 13th century. The research allows a conclusion that the definition of natural law constructed by St. Isidore of Seville, along with the examples presented in his Etymologiae, is an exceptional creation that has no clear archetype in juridical and non-juridical sources. It quite clearly presents elements taken from Ulpian. However, the very essence of natural law as a normative system, that connects all people (not people and animals) due to their "natural instinct" (instinctus naturae) and that is independent of the will of the positive legislator, remains under a marked influence of the Christian thought.
Krakowskie Studia z Historii Państwa i Prawa, 2023
The traditional punishment for parricidium under Roman law was the poena cullei ("the penalty of ... more The traditional punishment for parricidium under Roman law was the poena cullei ("the penalty of the sack"). Its continued use in late antiquity is confirmed by the constitution of Emperor Constantin the Great later adopted in the Theodosian Code of 438 (C. Th. 9, 15, 1). It is not clear, however, whether this punishment was also applied in practice to pars Occidentis in the period after the abdication of Emperor Romulus Augustulus (476). The official royal correspondence preserved in Cassiodorus' Variae mentions the penalty of exile imposed for fratricide (Cass., Variae 1, 18). The aim of the study is an attempt to interpret the indicated letter of Theodoric the Great, as well as a number of other sources (the provisions of Edictum Theoderici regis and Breviarium Alarici) to reconstruct the penal policy of this ruler towards the perpetrators of parricidium and homicidium.
The aim of the presented study is to make an exegesis of the deliberations of St. Thomas Aquinas ... more The aim of the presented study is to make an exegesis of the deliberations of St. Thomas Aquinas included in S. th., I-II, q. 90, a. 3, and as a result, determining what features, according to the Angelic Doctor, must be met by an entity competent to legislate (legem facere) in its essential sense. The problem of the competence to legislate is analyzed by Aquinas as part of his considerations on the essence of law. Among the elements necessary for the existence of law in the proper sense, it is necessary that a given norm of conduct comes from a competent entity - a legally established holder of public authority. Aquinas assesses
the legitimacy of the legislative power through the prism of axiological judgments which examines the activity of public officials; the mere fulfillment of formal conditions (acquisition of authority by way of inheritance or a correctly made election) is insufficient. According to Aquinas, law-making ac- tivity is nothing else than the service of the common good, constituting one of the aspects of cura civitatis. Therefore, public authority constitutes law only to the extent that its actions are rational and are aimed at the realization of the common good.
"Zeszyty Prawnicze" 23/2, 2023
The exemption of the insane from bearing criminal liability in Roman law has earned an extensive ... more The exemption of the insane from bearing criminal liability in Roman law has earned an extensive amount of discussion already but far less attention has been paid to the reception of Roman solutions in medieval law. However, this issue is important from the strictly historical aspect relating to criminal justice with regard to perpetrators considered insane. An in-depth analysis of this issue leads to the conclusion that the adoption of Roman solutions in the criminal legislation of the Kingdom of Sicilian and in canon law had an effect on the development of theoretical reflection on what is (and is not) a criminal offence, and especially on the characteristics of its subjective element (mens rea). The answer to the question whether an insane perpetrator is exempted simply on the grounds of preclusion of prosecution, or whether he cannot commit a crime at all because he is incapable of culpability has contributed to the consolidation of the position that only a culpable act can constitute a crime.
The subject of the considerations in presented paper is the concept of ius gentium in two selecte... more The subject of the considerations in presented paper is the concept of ius gentium in two selected fragments of St. Thomas Aquinas: S.Th. I-II, q. 95, a. 4 and S.Th. II-II, q. 57, a. 3. The introduction to the detailed analysis is the discus- sion of three issues necessary for the correct interpretation of Aquinas’ arguments, i.e. the concept of ius gentium in the first book of the Justinian Digest, the definition of ius gentium in the Etymologies of St. Isidore of Seville and an explanation of the relationship between the concepts of ius and lex in the Summa Theologiae.
The conducted research allows to conclude that the Angelic Doctor uses the concept of ius gentium in a twofold sense. The first of them is of a juridical nature and can be equated with the understanding of this term on the basis of the sources of Roman law. Ius gentium is therefore a set of legal norms common to all peoples, which enable, first of all, mutual economic turnover, although to some extent also apply to the external activity of the state. The second meaning of the term ius gentium, although also to some extent inspired by the sources of Roman law, has a broader character and a deeper philosophical foundation. On the basis of the treaty on justice, ius gentium constitutes the social order of functioning of all people based on natural reason (naturalis ratio).
Zeszyty Prawnicze, 2022
The definition of the concept of ius gentium proposed by St. Isidore of Seville (c. 560-636) is o... more The definition of the concept of ius gentium proposed by St. Isidore of Seville (c. 560-636) is one of the most interesting parts of Book Five of his Etymologies (Etymologiarum sive Originum libri XX). St. Isidore anticipates the understanding of the concept characteristic for early modern jurisprudence and constituting the foundation for the theory of contemporary public international law. The aim of this paper is to analyze the Isidorian definition from three perspectives. The first is to characterize St. Isidore’s definition, taking Roman juridical sources into account. The second looks at the political and social context of St. Isidore’s times. In the third perspective, the aim is to cover a broader historical panorama and focus on the reception of the Isidorian approach to the category of ius gentium in later times. This will help to make a thorough assessment of the historical significance of the definition of ius gentium proposed by St. Isidore of Seville.
Studia Prawnicze KUL
The 4 th century is undoubtedly the period of far-reaching transformations, not only in the organ... more The 4 th century is undoubtedly the period of far-reaching transformations, not only in the organisation and functions of the Roman State but also in the domain of culture and economy. The deepest change, however, took place in the religious domain. Within shorter than a hundred years, persecuted Christianity essentially became a state religion. Presumably such a radical change had to leave its mark on all domains of social activity, including criminal law of that era.
Among the institutions adopted from Roman law whose historical evolution within ius commune is pa... more Among the institutions adopted from Roman law whose historical evolution within ius commune is particularly interesting, it is worth pointing out the issues con nected with the distribution of damage incurred as a result of throwing a part of the cargo overboard from a ship due to the risk of its sinking because of overload. Deliberations of Roman lawyers, gathered under the title De lege Rhodia de iactu, were object of medieval jurists' creative interpretation. The role of the glossators' school representatives seems to be particularly significant here as an important contribution to the development of the European legal doctrine in subsequent centuries. In the modern era, the innovations introduced by representatives of this school were considered communis opinio doctorum and it was applied in legal practice of the Imperial Chamber Court of the Reich. Its purpose was compensation for any damage incurred in joint interest or in other people's interest, which was reflected in the content of ABGB, the Polish Civil Code and Roman-Dutch Law.
The main object of this paper, is to present classical accusatorial procedure on the example of t... more The main object of this paper, is to present classical accusatorial procedure on the example of trial before Roman criminal courts, called quaestiones perpetuae . Roman criminal procedure in the period of late Republic, and partially in early Empire, based on the accusatorial principal, which in continental law legal orders, is associated with adversarial justice. This article consists of six parts: introduction, short description of what quaestiones perpertuae were, analysis of the objective and subjective aspects of accusation ( accusatio , ius accusationis ), procedure of lodging the criminal charge and summary.
Studia Prawnicze KUL
Bartosz zalewski * Crimen abortionis w rzymskim prawie karnym Zagadnienie prawnej ochrony życia d... more Bartosz zalewski * Crimen abortionis w rzymskim prawie karnym Zagadnienie prawnej ochrony życia dziecka poczętego-współcześnie żywo dyskutowane zarówno w nauce prawa, jak i w dyskursie publicznym w ogóle-nie było przedmiotem szczególnego zainteresowania ze strony rzymskich jurystów 1. Skupiali się oni na problematyce ochrony interesów majątkowych dziecka in utero oraz kwestiach związanych z jego przyszłą pozycją prawną (status), jaką nabywał z chwilą narodzenia 2. Do samej aborcji odnosili się jedynie marginalnie i w zupełnie innym kontekście, niż czyni się to współcześnie. Paradoksalnie jednak, może to uczynić rozważania nad aborcją w rzymskim prawie karnym szczególnie ciekawymi, również dla tych czytelników, którzy na co dzień nie zajmują się prawami antycznymi. W związku z tym autor zdecydował się na zastosowanie niektórych zwrotów znanych ze współczesnego języka prawniczego 3 .
Studia Iuridica Lublinensia
Zasada skargowości w rzymskim procesie karnym przed quaestiones perpetuae Accusatorial Principal ... more Zasada skargowości w rzymskim procesie karnym przed quaestiones perpetuae Accusatorial Principal in a Roman Criminal Procedure Before quaestiones perpetuae STRESZCZENIE Głównym celem artykułu jest przedstawienie klasycznej procedury skargowej na przykładzie postępowania przed rzymskimi sądami karnymi zwanymi quaestiones perpetuae. Rzymskie postępowanie karne w okresie późnej republiki i wczesnego cesarstwa opierało się o zasadę skargowości, która w kontynentalnych porządkach prawnych jest powszechnie kojarzona z procesem kontradyktoryjnym. Opracowanie składa się z sześciu części: wprowadzenia, krótkiego opisu quaestiones perpetuae, analizy zagadnień przedmiotowych i podmiotowych związanych z oskarżeniem (accusatio, ius accustionis), opisu procedury wnoszenia skargi karnej i podsumowania. Słowa kluczowe: accusatio; zasada skargowości; quaestiones perpetuae; rzymski proces karny W PROWA DZ E N I E Podstawowym zadaniem procesu karnego jest zapewnienie sprawnej, a zarazem sprawiedliwej realizacji represji karnej w ramach istniejących organizmów państwowych 1. Zaskakujący może wydawać się zatem fakt, iż przez wiele stuleci zadanie to było realizowane z wykorzystaniem procedury karnej opartej o zasadę skargowości-przy jednoczesnym braku funkcji oskarżyciela publicznego. Jest to tymczasem wydatna cecha procesu karnego państw doby antyku grecko
Zeszyty Prawnicze, 2016
Remarks on ‘compensatio’ in the Work of Selected Representatives of the School of GlossatorsSumma... more Remarks on ‘compensatio’ in the Work of Selected Representatives of the School of GlossatorsSummaryThe institution of remitting reciprocal receivables and payables by setting them off against each other down to the amount of the lesser debt (compensatio) goes back Roman law. But the duality involved in such practices in modern European legal systems is the result of later developments in the medieval discourse on whether the effects of set-off ensued sine facto hominis, i.e. on the grounds of the provision as such, or on the grounds of a constitutive declaration of will made by one of the reciprocal creditors.This problem was debated in the School of Glossators which was founded in the 11th century by Irnerius. The aim of this paper is to describe the views held by selected glossators of Roman law and to present their influence on subsequent legal solutions adopted in 19th- and 20th-century civil codifications.
![Research paper thumbnail of Od rzymskiego prawa morskiego do polskiego prawa zobowiązań. Kilka uwag na temat historycznej genezy art. 438 k.c., "Gdańskie Studia Prawnicze" 3 (2019) - zeszyt tematyczny: Roman Maritime Law, Maritime Legal Traditions and Modern Legal Issues, [red.] J. Wiewiorowski, s. 231-242](https://attachments.academia-assets.com/76667294/thumbnails/1.jpg)
According to art. 438 of the Polish Civil Code: “Whoever suffers a material loss, forcibly or eve... more According to art. 438 of the Polish Civil Code: “Whoever suffers a material loss, forcibly or even voluntarily, in order to prevent damage to another person or to avoid common dan- ger, is entitled to claim compensation for the loss sustained, in suitable proportions, from people who benefitted from it.” This institution finds its origin in the lex Rhodia de iactu, known in roman law. The proposal to extend the rhodian rule to cases other than those related to the danger for the ship is the heritage of medieval school of glossators. however, the transposition of an institution adapted to the conditions of maritime transport to the contemporary law of obligations is associated with specific problems. This particularly ap- plies to the new character of this institution. The analysis of historical sources indicates that it is a sui generis liability that cannot be attributed to tort liability or negotiorum gestio.
Studia Iuridica Lublinensia, vol 30 no 1, 2021
This article aims to analyse canon 5 of the Synod of Elvira (beginning of the 4 th century) takin... more This article aims to analyse canon 5 of the Synod of Elvira (beginning of the 4 th century) taking into account the norms of Roman law concerning the legal protection of slaves. This canon provided for the punishment of repentance and a prohibition of giving Eucharistic Communion to a woman who, in anger caused by jealousy, caused the death of her slave as a result of whipping. It was probably adopted based on a certain, particularly shocking matter, perhaps related to the intimate life between the master and her slave. The content of the canon suggests that the person responsible for its editing was familiar with Roman law, including probably in particular Emperor Hadrian's rescripts-especially those addressed to the Governor of Baetica, where Elvira was located. The canon provided slaves with a wider scope of protection than the norms of Roman law did, both those in force at the time of its release and later introduced by Emperor Constantine the Great. It was also an expression of the generally discernible attitude of Christian communities towards the institutions of slavery. On the one hand, the existence of slavery was accepted and, on the other hand, there were efforts to improve the situation of slaves, especially if they were Christians.
The aim of this paper is to present the achievements of St. Thomas Aquinas on the concept of poli... more The aim of this paper is to present the achievements of St. Thomas Aquinas on the concept of political community, especially in the field related to the issue of the rule of law. Relying to some extent on Aristotle and on Policraticus by John of Salisbury, Aquinas develops his own, original concept of political community, rooted in Christian anthropology. The political community is therefore not only natural, but also occupies an important place in God’s plan of salvation, tak- ing on - through its goal of the common good - an eschatological dimension. The work of Aquinas concerning the rule of law, which is an anticipation of the later concept of substantive rule of law, and therefore determined not only by the form of lawmaking (its legal- ity), but also by the content of legal norms, also has a lasting value.
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Papers by Bartosz Zalewski
The presented study concerns the issue of retributive rationalization (function, justification) of punishment in Roman law – from its semi-legendary beginnings to the end of the principate. The understanding of the penalty as a fair repayment for the evil caused and constituting a peculiar substitute for revenge (personal or family) was characteristic for many ancient communities. Also at the beginning of Roman statehood, the main purpose of punishment was not to scare the perpetrators, as a form of prevention, but a fair repayment (retaliation) for the harm caused (poena est noxae vindicta).
During the royal period, attempts to limit the phenomenon of private bloody revenge took place, as exemplified by the legislation of king Numa Pompilius regarding the effects of unintentional murder of a free man. An important manifestation of the restriction of the phenomenon of private bloody revenge turned out to be adapted by the Romans the law of talion. However, already in the Law of the Twelve Tables, the Quirites provided the possibility of withdrawing from talion to settlement. In the period of the republic, talion came out of use. During the period of classical law, the Roman jurisprudence continued to maintain the current attitude of the Romans to the retributive function of a criminal penalty, and the idea of the talion understood as “just repayment for the committed act”, was still alive in its views, and in some imperial constitutions. The retributive rationalization of the criminal penalty was mainly realized in the order to measure it pro admissi criminis qualitate by the judge in extra ordinem cognitio.
Shaping of the concept of modern European public international law was a long process. Its genesis should be sought in the Middle Ages, when the notion of ius gentium, known to Roman law, was subjected to a creative interpretation. The article analyzes excerpts from selected works of medieval legal literature from the twelfth and thirteenth centuries as far as they concerned the concept of ius gentium. This is to show the paths of the evolution of this concept in the output of glossators, contemporary canonists and the thirteenth-century representatives of the Orlean school of law.
the legitimacy of the legislative power through the prism of axiological judgments which examines the activity of public officials; the mere fulfillment of formal conditions (acquisition of authority by way of inheritance or a correctly made election) is insufficient. According to Aquinas, law-making ac- tivity is nothing else than the service of the common good, constituting one of the aspects of cura civitatis. Therefore, public authority constitutes law only to the extent that its actions are rational and are aimed at the realization of the common good.
The conducted research allows to conclude that the Angelic Doctor uses the concept of ius gentium in a twofold sense. The first of them is of a juridical nature and can be equated with the understanding of this term on the basis of the sources of Roman law. Ius gentium is therefore a set of legal norms common to all peoples, which enable, first of all, mutual economic turnover, although to some extent also apply to the external activity of the state. The second meaning of the term ius gentium, although also to some extent inspired by the sources of Roman law, has a broader character and a deeper philosophical foundation. On the basis of the treaty on justice, ius gentium constitutes the social order of functioning of all people based on natural reason (naturalis ratio).
The presented study concerns the issue of retributive rationalization (function, justification) of punishment in Roman law – from its semi-legendary beginnings to the end of the principate. The understanding of the penalty as a fair repayment for the evil caused and constituting a peculiar substitute for revenge (personal or family) was characteristic for many ancient communities. Also at the beginning of Roman statehood, the main purpose of punishment was not to scare the perpetrators, as a form of prevention, but a fair repayment (retaliation) for the harm caused (poena est noxae vindicta).
During the royal period, attempts to limit the phenomenon of private bloody revenge took place, as exemplified by the legislation of king Numa Pompilius regarding the effects of unintentional murder of a free man. An important manifestation of the restriction of the phenomenon of private bloody revenge turned out to be adapted by the Romans the law of talion. However, already in the Law of the Twelve Tables, the Quirites provided the possibility of withdrawing from talion to settlement. In the period of the republic, talion came out of use. During the period of classical law, the Roman jurisprudence continued to maintain the current attitude of the Romans to the retributive function of a criminal penalty, and the idea of the talion understood as “just repayment for the committed act”, was still alive in its views, and in some imperial constitutions. The retributive rationalization of the criminal penalty was mainly realized in the order to measure it pro admissi criminis qualitate by the judge in extra ordinem cognitio.
Shaping of the concept of modern European public international law was a long process. Its genesis should be sought in the Middle Ages, when the notion of ius gentium, known to Roman law, was subjected to a creative interpretation. The article analyzes excerpts from selected works of medieval legal literature from the twelfth and thirteenth centuries as far as they concerned the concept of ius gentium. This is to show the paths of the evolution of this concept in the output of glossators, contemporary canonists and the thirteenth-century representatives of the Orlean school of law.
the legitimacy of the legislative power through the prism of axiological judgments which examines the activity of public officials; the mere fulfillment of formal conditions (acquisition of authority by way of inheritance or a correctly made election) is insufficient. According to Aquinas, law-making ac- tivity is nothing else than the service of the common good, constituting one of the aspects of cura civitatis. Therefore, public authority constitutes law only to the extent that its actions are rational and are aimed at the realization of the common good.
The conducted research allows to conclude that the Angelic Doctor uses the concept of ius gentium in a twofold sense. The first of them is of a juridical nature and can be equated with the understanding of this term on the basis of the sources of Roman law. Ius gentium is therefore a set of legal norms common to all peoples, which enable, first of all, mutual economic turnover, although to some extent also apply to the external activity of the state. The second meaning of the term ius gentium, although also to some extent inspired by the sources of Roman law, has a broader character and a deeper philosophical foundation. On the basis of the treaty on justice, ius gentium constitutes the social order of functioning of all people based on natural reason (naturalis ratio).
The choice of the subject was justified by several reasons. First of all, it allows to look at the Roman law not only from the strictly dogmatic point of view. Law is a living institution, an element of culture, and it ought to be considered from various points of view, which is especially significant in historical and legal sciences. Therefore, it is necessary to analyze its normative content, but also relationships between the legal order and ethics, customs, politics and religion. Among the numerous ethical values that affected the Roman law, plenty of them were discussed in works of various nature. Humanitas was not an exception here, however, a scientific reflection on the importance of this idea for the Roman law mainly related to the period of the classical law. Thus, devoting the studies to the impact of humanitas in the law of the dominate period (almost classical) seemed to be the most justified step.
Constantine the Great's legislative activity was particularly attractive here. This ruler was an emperor of the religious breakthrough, which provided an opportunity to reflect on both the pagan and Christian concept of humanitas. Apart from that, the most remarkable theoretician of humanitas since the times of Cicero, was the early Christian writer Lactantius who not only knew Constantine personally, but was also his eldest son's teacher and for many years remained very close to the ruler. It allows to pose a question about the impact of Lactantius' writings, where a reflection on humanitas, deeply rooted in the new Christian anthropology, played an important part, on Constantine's legislative activity.
The basic method used in this paper was a historical and legal method. In particular, in Chapter I, there were also used the methodological assumptions characteristic for the history of ideas (political and legal doctrines). It resulted from the assumption that humanitas can be treated as an idea that was subject to a theoretical reflection and affected the legal order in Rome. Therefore, it was necessary to reconstruct the views related to this idea in the times of Constantine, systematize and assess them in the historical development (Chapter I of the paper), and then to determine the scope of its impact on the law adopted at that time (based on the analysis of particular imperial constitutions - Chapters II -V). The paper is ended with conclusions.
Chapter 1 deals with the presence and significance of humanitas in the ideology and propaganda of the times of Emperor Constantine the Great. The main reflections in this matter must be proceeded by some concise remarks on the meaning of the concept discussed and its genesis and development as far as the beginning of the 4th century. The next part discusses the concept of humanitas in the views of Lactantius who was its most important theoretician living in the times of Constantine and had a direct access to the ruler, probably contributing to the imperial ideology, as well as the significance of the Emperor's humanitas-philantropia in the philosophical and theological vision of an ideal ruler that was created by Eusebius of Caesarea. The further part of the Chapter analyses the propaganda aspect of humanitas in panegyrics coming from the times of Constantine and the epigraphic sources. Finally, it presents a role of humanitas (or philantropia) in letters and speeches that were presumably written by Constantine.
Chapter 2 deals with the impact of the idea of humanitas on the imperial legislation of Constantine with respect to patria potestas. At first, a general outline of patria potestas in the Roman law is presented, then, the impact of the idea of humanitas and pietas related to it on the legal norms in the field of paternal power. Then, the chapter analyses Constantine the Great's constitutions concerning expositio infantis and ius vendendi, which are the attempts to eliminate the situations when children are abandoned, using various legal solutions which, however, do not involve a direct interference with paternity rights. Then, the scope of paternal ius vitae ac necis during the reign of Constantine was analyzed, particularly, the controversial issue of the abolition of this right by the first baptized emperor. The further part discusses the imperial constitutions related to bona materna, the institution of children's legitimacy per subsequens matrimonium and the emperors rescript regarding the admissibility of withdrawing emancipation and donations to children who turned out to be ungrateful to their fathers.
Chapter 3 deals with the impact of humanitas on Constantine's legislation concerning the legal protection of the poor, women, in particular widows, orphans and other persons in a difficult life situation, as well as abolishing sanctions for unmarried (caelibes) and childless persons (orbi). The support for the poor mainly referred to creation of a maintenance fund for poor families residing in Italy and Africa. This Chapter also addresses the issues related to the court situation of widows and orphans, making the penal repression towards the said groups of people more lenient and protecting their property. The chapter also analyzes the emperor's legislation related to the protection of the minores interests and abolishing sanctions listed in August's laws concerning marriage matters.
The purpose of Chapter 4 is to analyze the impact of the title idea on Constantine's legislation related to the slaves’ legal situation. Apart from the necessary discussion of the issues introducing this subject - the views of the Stoics and early Christian writers on the institution of slavery and a tendency to improve the legal situation of slaves in the legislation of Antonins and Sewers - the Chapter also reflects on Constantine's constitutions regarding the permissible extent of slave disciplining and criminal consequences of going beyond this border, a ban on slave family separation and a ban on slave castration. It also raises the issues related to the practice of manumissions in ecclesia sanctioned by Constantine.
Chapter 5 deals with the impact of humanitas on Constantine's legislation related to custodia reorum and penal repression. At first, it provides a general characteristics of the influence of Christianity on the criminal law during the reign of Constantine. Further on, it discusses constitutions aimed at improving the situation of prisoners and alleviating penal repressions, which was manifested by forbidding to stigmatize faces of persons sentenced to work in mines or to fight in the arena after being trained at a school for gladiators, abolishing or at least limiting the practice of crucifixion and restricting gladiators' fights by abolishing damnatio in ludum.
Each of the chapters finishes with a summary intended to present concise conclusions on the subject it deals with. Such measures seem to be justified by a wide range of research which is associated with a need to adopt a certain order in the selected research material that determined the entire structure of the dissertation. The whole work finishes with a general ending that encompasses the final conclusions resulting from the studies conducted.