CRIMEN LAESAE MAIESTATIS. A STUDY OF ROMAN LAW INFLUENCES IN OLD POLAND
MARZENA DYJAKOWSKA
Wydawnictwo KUL 2013
CONTENTS:
List of Abbreviations
Introduction
Section 1 The Subject of the Research
Section 2 The Sources
Section 3 The Research Literature
Section 4 The Aim of This Work and Research Problems
Section 5 The Structure of This Work
CHAPTER I : The Roman Roots of Crimen Maiestatis
Section 6 The Roman Notion of Maiestas
Section 7 Perduellio and Crimen Maiestatis in Roman Legal Sources
Section 8 Roman Legislation on Perduellio and Crimen Maiestatis
Section 9 Offences Classified in Roman Law as Lese-Majesty
Section 10 Punishability of the Stage-Dependent Forms of an Offence
Section 11 Sanctions for the Offence of Lese-Majesty According to the Roman Legal Sources
1. Capital Punishment and Interdictio Aquae et Ignis
2. Confiscation of Property
3. Infamy
4. Damnatio Memoriae
Section 12 Liability of the Wrongdoer’s Family under the Lex Quisquis
Section 13 The Distinctive Features of the Roman Process in Lese-Majesty Cases
Section 14 Roman Crimen Maiestatis as a Foundation of the European Doctrine
CHAPTER II: Maiestas and Crimen Maiestatis in the European Doctrine from the 16th through the 18th Centuries
Section 15 The Influence of Roman law on the Concept of Crimes against the State in the Collections of Germanic Laws
Section 16 The Reception of Roman Crimen Maiestatis in Medieval Europe
Section 17 The Definitions of Maiestas and Crimen Maiestatis in the European Doctrine
Section 18 Offences Classified by the Doctrine as Crimen Laesae Maiestatis
Section 19 The Influence of Roman Law on Western Authors' Views Regarding the Sanctions and the Distinctive Features of the Crime of Lese-Majesty
Section 20 The European Background to the Adoption of Crimen Maiestatis in Poland
CHAPTER III: The Influence of Roman Law on the Concept of the Crime of Lese-Majesty in the Polish Legal Sources and the Doctrine from the 16th through the 18th Centuries
Section 21 The Polish Legal Sources on the Crime of Lese-Majesty
Section 22 Polish Legal Literature from the 16th to the 18th Century
Section 23 Majesty and the Crime of Lese-Majesty in the Polish Doctrine from the 16th through the 18th Centuries
Section 24 Acts Classified as Lese-Majesty in the Light of the Sources of Law and Doctrine in Old Poland
1. Assassination Attempt on the Monarch and Other Persons under Legal Protection
2. Crimen Maiestatis and Perduellio
3. Heresy as Crimen Laesae Maiestatis
4. Other Offences
Section 25 Forms of Criminal Action According to the Polish Legal Sources and the Doctrine
Section 26 Phenomenal Forms and Stages of Crimen Maiestatis in the Output of Polish Legal Writers
Section 27 Sanctions for Crimen Laesae Maiestatis in Poland
1. General
2. Infamy
3. Confiscation of Property
Section 28 Liability of the Wrongdoer’s Family in the Polish Doctrine
Section 29 Distinctive Features of Lese-Majesty Proceedings in Poland
Section 30 Roman Law as a Unifying Factor in the Polish Doctrine on Crimen Laesae Maiestatis
CHAPTER IV: Roman Law in Crimen Laesae Maiestatis Trials from 16th to 18th Century
Section 31 Selected Lese-Majesty Trials in Poland before the Turn of the 18th Century
Section 32 The Problem of Admissibility of the Subsidiary Application of Roman Law in Cases InvolvingMaiestas
Section 33 Roman Law and the Legal Classification of Certain Forms of Lese-Majesty
1. Defamation of the Monarch
2. Arguments for a Broader Legal Protection
Section 34 Examples of the Use of Roman Law for Evidence Evaluation
Section 35 The Influence of Common Law on the Assessment of the Stages of Commission and Phenomenal Forms of the Offence
Section 36 The Use of Roman Law in the Assessment of Circumstances Excluding Unlawfulness or Guilt
Section 37 A Subsidiary Role of Roman Law in Deciding the Size of Penalty
Section 38 The Problem of Direct Application of Roman Law in Crimen Laesae Maiestatis Proceedings in Poland
Conclusion
Bibliography
Index of sources
