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Studia Prawnicze KUL
Article . 2019 . Peer-reviewed
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Utilitas rei publicae contra misericordiam. Justinian’s Criminal Legislation in Borys Łapicki’s View

Authors: Bożena Czech-Jezierska;

Utilitas rei publicae contra misericordiam. Justinian’s Criminal Legislation in Borys Łapicki’s View

Abstract

Borys Łapicki (1889–1974) was a Roman law scholar whose works contained many references to the correlations between Roman law and ethics. The article provides an overview of B. Łapicki’s writings and discusses his views on the concept of misericordia and on the influence of that concept on Emperor Justinian’s criminal legislation. A definite and clear-cut thesis emerges from this analysis. Borys Łapicki declares that although Justinian was an emperor who considered himself and was considered to be the great defender of the Christian faith, his legislation was influenced by the principle of utilitas rei publicae, rather than by Christian misericordia and by the humanitarian principles of the New Testament ethics. This is particularly evident in his criminal legislation. This leads B. Łapicki to conclude that it was “not Christianity that influenced Justinian, but on the contrary, he exercised his influence on Christianity so that it could serve his political purposes.”

Keywords

римское уголовное право, misericordia, legislation of Emperor Justinian, Борис Лапицкий, utilitas rei publicae, Roman criminal law, ustawodawstwo cesarza Justyniana, rzymskie prawo karne, Borys Łapicki, законода тельство императора Юстиниана

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal