Selected Elements of Roman Law as an Inspiration for a Modern Psychological and Legal Interpretation Regarding Human Responsibility for a Committed Act

Abstract

Roman law is one of the main building blocks of modern European culture. The principles introduced by Roman lawyers many centuries ago are very often present in contemporary criminal and civil law experts. It was in ancient Rome that it was noted that a judge cannot issue a verdict in his own case. We have also known for centuries that an act committed when it was not prohibited by law is not a crime. Roman law also created rules regarding inheritance by, for example, a nasciturus. This refers to a fetus, which can be taken into account for inheritance if it is born alive. The examples indicated here are a small element of the enormous legacy of legal principles that Roman lawyers left behind.

The principles discussed here may also directly refer to the current discussion on responsibility for a committed act. In criminological research, there has been a discussion for a long time on the possibility of punishing a given person for an action he has taken or a lack of action. In this discussion, the topic of awareness of the committed act and premeditated action returns. We also have discussions related to the real possibility of preventing disturbing events. There are also tragic - independent of us - accidental situations in which we take part. In this way, we come across three elements: dolus, culpa and casus. We are talking here about specific degrees of responsibility for a given act.

The following article aims to remind us what the above-mentioned elements are. On this basis, contemporary reflections of a criminological nature will be presented.