N.G.L. Hammond, Dzieje Grecji. Warszawa (i następne wydania). M. Cary, H.H. Scullard, Dzieje Rzymu. Warszawa i następne wydania. Alföldy G., Historia społeczna starożytnego Rzymu, Poznań ; Cary M., Scullard H. H., Dzieje Rzymu, T. , Warszawa ; Jaczynowska M., Dzieje. Cary M. and Scullard H. H. Dzieje Rzymu od czasów najdawniejszych do Konstantyna 2, transl. by J. Schwakopf. Warsaw. Evans J. On a military.

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University of Social Sciences and Humanities. The perspective of scientific research on the Roman public law [1]. The study of private Roman law only? The imperium romanum idea in the Middle Ages. The imperium romanum idea after the fall of the Byzantine Empire. The imperium romanum idea in modern times. Return to the idea dziwje Roman Empire imperium romanum in the twentieth century.

The contemporary reference to the imperium romanum idea.

The imperium romanum idea and the Catholic Church. The history of the research on the Roman public law.

The contemporary research on Roman public law. The research on Roman public law in Polish Romance studies. The future of the Roman public rzyum. The modern research and teaching of Roman law is generally associated with the private law or in the currently used terminology, with the civil law. The interest in Roman private law was initiated by two practical events.

The first of these was the discovery of the Digest manuscript in monastic library in Pisa in the middle sscullard the eleventh century. The manuscript has been stored in Florence Littera Florentina since The second event was the need for legal regulation for nascent trade and commerce in the Middle Ages [2].

Both branches of the Middle Ages economy required the certain law regulation — it means written law. In the early Middle Ages, scullafd orally passed customary law was mainly used. As a result of both above mentioned events, the zcullard of the Scullad law and creation of the roman-canonical legal system ius commune romano-canonico took place.

This system was in use in the most countries of medieval Europe [3]. Further development of the Roman private law was linked to its reception to the needs of the practice of the merchant and the courts. The Imperial Chamber Court Reichskammergericht played the crucial role in the application of Roman law in practice.

This court, sincewas consisted of 16 rzyymu and half of them had to be proficient in the knowledge of Roman law. The Roman private law was applied until the great codification was created, i. The current studies of the Roman private law, which are reflected in the academic textbooks, are different form the primary division of law generated by the Roman lawyers. Huius studii duae sunt positiones, publicum et privatum.

Publicum ius est quod ad statum rei Romanae spectat, privatum quod ad singulorum utilitatem: Publicum ius in sacris, in sacerdotibus, in ecullard constitit. According to lawyer Ulpian c. The basic criterion is to separate the benefits utilitas of individual from the state interest. This elaboration concerns the normative regulations relating to the public interest. Omitting, since the Middle Ages, the Roman public law in the study program was justified by the lack of associations of Roman public law, its rules and institutions with the contemporary organization of the state.

Undoubtedly, this is legitimate observation. However, the indication of the similarities or perhaps differences in the dzieme of society and the dogmatic structure of particular legal institutions can pave the way for the new research on the functions of the institutions of the Roman state in relation rzymi public institutions existing contemporary.

In Poland, the new subject – the Roman public law was introduced in many universities on the administration course. Siber [4] noticed that the institutions and the solutions of the Roman public law, as opposed to the institutions and rules of the Roman private law [5]sccullard the fall of the Western Roman Empire, only marginally have been assimilated into the political and legal systems.



Mensarii art1 | piotr niczyporuk –

To some extent, the terminology or symbolism preserved, for example: In the Middle Ages, the references were made to the ideology of the Roman Empire through a system of terminology used to describe the rulers.

The authority of the emperor was described as imperiumand himself as an emperor. The states were called empires. Charlemagne Charles the Great adopted the dignity of the Roman Emperor in The similar situation was with the German ruler — Otto I in However, it was a continuation of the Roman Empire on more ideological and formal than legal level.

The concept of the Holy Roman Empire was permanently hooked up with the German throne since the time of reign of Otto I. However, such name of the country has never existed in the German official documents. It needs to be said that also other, less important an rulers, alluded to this idea, ezieje example: After the fall of the Eastern Empire, also called the Byzantine Empireas Ostrogorsky [6] wrote, its spiritual and political tradition has survived.

The religion, culture and the concept of the Byzantine state significantly contributed to the political and cultural life of the European rzynu, living on the former grounds belonging to Byzantium or bordering with this Empire.

The Byzantine version of the Christian religion [7] was the instrument of the identity and cultural autonomy for many of the Slavic peoples and for the Greeks for centuries of Turkish occupation. Later, the Byzantine culture was evident in the architecture of the Orthodox Church, especially in the icons, but also in the despotic way of governance by the Tsars, the first secretaries of the Communist Party and finally by the presidents of Russia.

Part of the union was the Austrian State. Inas a response to the announcement of the French Empire by Napoleon, the Austria also became the empire, and this legal status lasted even after the collapse of the union in However, the Austrian Empire did not refer to the idea of the continuity of the Roman Empire, precisely because of their actual dependence from the German Empire.

Napoleon Bonaparte, who in proclaimed himself as a emperor, rejected rzymy legitimacy of referring to Roman law and the symbolism of imperium. Although, he was not consistent in this. Despite the apparent unwillingness to Roman matters, Napoleon willingly referred to the rzgmu of Rome, which is reflected in the numerous paintings and sculptures dedicated to him during his lifetime.

Return rzjmu the symbolism of the Roman Empire came with the twentieth-century totalitarian systems. Both fascism and communism referred to the figure of the dictator. The name of fascism comes from the Latin word fasces — it means a bound bundle of wooden rods combined with an ax, carried in front of the highest priests and other Roman magistratus by the lictors.

The number of lictors corresponded to the rank of official. The Nazis used a traditional Roman salute, which involves pulling out the left hand and lifting it up.

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The words ave Caesar were replaced by the phrase heil Hitler. Another symbol coming back from ancient Rome, and used in later cultures, including the Nazis, was the swastika — a broken cross. Nowadays, many countries describes themselves as a republic – res publicait means that they refer to the republican ideology.

At the same time, these nations appeal to democratic values, which cause blurring of clear boundaries between the two forms of political system. The mixing of elements of the ideology of the Roman republic of Athenian democracy took place in the European political doctrine. According to the Republican, nation is made of full citizens and they are the subject of authority.



The most important issues of the state are decided by these citizens. However, on their behalf, decisions are taken by the elected authorities who have a very strong position in the political system, for example: In the typical democratic systems, the power is dispersed and decision-making system is not entirely clear.

Thus, in democratic countries, the system of controlling and responsibility of government is functioning poorly. Some similarities can be searched in modern institutions functioning as Roman popular gatherings during which people expressed their will.

Currently, the will of the people is expressed through elections and referendum institution unknown to the Romans. The remains of direct democracy can be found even in article 36, paragraph. All the inhabitants of villages are entitled to adopt resolutions on matters relating to their community.

Meeting of citizens Landsgemeinde are also held in some of the Swiss cantons, especially in small towns. Many elements of Roman electoral system can be found in the contemporary organization of elections. Other more specific issues will be indicated in the text.

The most institutions of the Roman system are preserved in the Catholic Church. The legal acts issued by the popes were determined as constitutiones for example: It was a reference to the terminology and ideology of the principate, especially the dominate period and it was the period of absolute power. The contemporary lack of greater interest in the Roman public law by Roman experts is mainly due to the direction of research imposed by Mommsen, which Roman political institutions pushed into the realm of distant history, with no contemporary references [10].

He focused on the study of Roman private law.

Now, it is the mainstream of Roman law research and all studies of Roman public law have secondary character. The result of which was the fact that the Roman public law generally became a subject of study of historians of antiquity, not the law historians. Among the studies on the Roman public law, there are the works on the history of Rome [11]the Roman political system [12]the authorities [13]the emperors [14]the municipium [15] and the social problems [16].

The textbooks on the Roman public law [17] or elaborations involving primarily issues of public Roman law combined with elements of the Roman law system, including the private law [18] are a separate group.

In the interwar period of XX century, the crisis of studies of Roman law was emphasized by Koschaker [19] in his written address to the German Law Academy in Berlin. On the one hand, this German scholar noticed the crisis of Roman law science in Germany caused by German nationalism and on the other hand, he urged to seek the possibility of its solution. The Roman law is, in fact, the part of European legal culture.

In this way, there was further tendency to see the research on the Roman law only from the historical prospective. The next necessary condition to seek a solution of the existing crisis was the assumption that nationalism and Roman law are part of European culture.

Koschaker, at particular points of his elaboration, presented the importance of Roman law in European culture, starting with the glossators, through the reception of Roman law in Germany and ending with the release of the BGB.

He also showed the influence of Roman law on European lawyers and legal thought, especially in the German pandectists and the interpolation trend. Only the first part refers to the European reception of certain institutions of public law during the Middle Ages in the Catholic Church. Therefore, we can talk about the cultural and political Romidee.

The term Romidee means primarily the concept of the Roman Empire reign over the world.