The Polish and Anglo-American Constitutional Tradition in the 16th–18th Centuries, eds. J.P. Higgins, M. Kuź, D. Makiłła, Warsaw, pp. 223-237, 2024
The issuing of edicts was one of the primary means of performing official duties by the magistrat... more The issuing of edicts was one of the primary means of performing official duties by the magistrates during the republican period. The law derived from edicts complemented the legal order of the Republic not only in the sense described by Papinian: edicts related to the exercise of jurisdiction by the praetor or curule aediles supported, supplemented and improved the ius civile , but edicts issued by other magistrates were essential for the proper functioning of the state. Some of them were of a typically administrative or orderly nature, but some of them also clearly influenced private law.
The article discusses the principles of holding office of censor. Even though it seems that such ... more The article discusses the principles of holding office of censor. Even though it seems that such principles were respected, there were some deviations from the general rules due to the peculiarities of this magistracy. Particularly strong was the principle of collegiality, allowing colleagues in office to block each other and preventing them from acting alone against the will of the other censor.
The censors had wide-ranging powers related to the performance of public tasks. They concluded co... more The censors had wide-ranging powers related to the performance of public tasks. They concluded contracts (locationes censoriae) for the erection and repair of public buildings, as well as the collection of public revenues. The position of the contractors was weaker, but they were able to obtain assistance from the senate and sometimes from the plebeian tribunes. The tasks of the censors required the acquisition of land. This was done by purchase (emptio in publicum). It is not known whether the censors used coercive measures, but it seems that they rather conducted negotiations. They then carried out a publicatio, i.e. the granting of public status to the property.
Parental Authority. Cross-Disciplinary Analysis of a Legal Institution. Volume I: Parental Authority from a Historical Perspective, eds. J. Słyk, M. Wilczek-Karczewska, 2023
Acta Universitatis Lodziensis. Folia Iuridica , 2023
The article concerns the informal method of slave manumission, which was the manumissio inter ami... more The article concerns the informal method of slave manumission, which was the manumissio inter amicos. Plautus' comedies seem to be a poorly used source of knowledge about this institution. It follows from them that the owner of the slave expressed in an imperative form the desire for manumission, while the amici, or witnesses, confirmed their presence and readiness to certify manumission, saying that they were happy about the freedom received by the slave.
Women, Society and Law. From Roman Law to Digital Age, eds. M. Eysymontt, C. Lázaro, Warsaw 2022, 2022
In his speech in defence of Marcus Caelius (56 BC) Cicero used the rhetoric figure od prosopopeia... more In his speech in defence of Marcus Caelius (56 BC) Cicero used the rhetoric figure od prosopopeia and introduced the censor of 312 BC Appius Claudius Caecus to reproach Clodia, a co-accuser in the trial. This fragment of the speech had a double meaning: on the one hand, Cicero wanted Clodia to be disciplined by her relative; on the other hand, he chose the censor because of the special powers of this office related to the protection of morality. Clodia was accused of deviating from the customs of the forefathers, indecent behaviour, even adultery. In the case of a male, such allegations would result in a censorial nota. In the case of a woman, they should be controlled by the husband or relatives, which indirectly put the blame on the most bitter enemy of Cicero, Clodius as Clodia’s brother. The most famous achievements of Appius Claudius were masterfully juxtaposed with Clodia’s excesses: the speech against the conclusion of a peace treaty with king Pyrrhus and Clodia’s love “treaties”; the construction of the aqueduct and Clodia’s incestuous relationship with her brother; the paving of the Appian Way and Clodia’s strolls with lovers.
Noctes iurisprudentiae. Scritti in onore di Jan Zabłocki, 2015
Pliny’s letter 8,18 describes in detail the last will of Domitius Tullus and his complicated fami... more Pliny’s letter 8,18 describes in detail the last will of Domitius Tullus and his complicated family situation. The article discusses problems concerning the adoption of the brothers Domitii, Tullus and Lucanus, and the nature of their legal relationship. Various possibilities are analysed, the consortium ercto non cito included. The adoption of Lucanus’ daughter Domitia by Tullus is also described, as well as his marriage. The letter gives a priceless glimpse into real-life legal complexities.
The lex Iulia on jurisdiction was a complex regulation concerning both civil and criminal proceed... more The lex Iulia on jurisdiction was a complex regulation concerning both civil and criminal proceedings. The archaic procedure per legis actiones was generally abolished and substituted with the formulary proceedings. The purpose of the law was to simplify and shorten the trials.
In Republican Rome the family was more than just a socially important institution. It also had an... more In Republican Rome the family was more than just a socially important institution. It also had an economic and political significance 1. Its head was the pater familias, who was responsible for religious worship (sacra) in the family, owned its property, and had unlimited power over the rest of the family, those of its members who were free: patria potestas over his descendants in the direct line, and manus over his wife. He also exercised unlimited power, dominica potestas, over his slaves and other persons with a similar status. What the pater familias did could have a serious effect on the operations of the state, such as having his sons in its political organisations and military, paying taxes, or even on its pax deorum-the maintenance of a balance between the human world and the world of the gods. Hence the family was not left completely beyond state control. The instrument for the state supervision of family affairs was the regimen morum, the care the censors exercised over morality.
Headline: Traces the relationship between legal, economic and social change in the Roman world Bl... more Headline: Traces the relationship between legal, economic and social change in the Roman world Blurb: Bringing together archaeologists, economic historians, and legal historians, this book provides new perspectives on long-distance trade in the Roman world. Recent archaeological work has shown that maritime trade across the Mediterranean intensified greatly at the same time as the Roman state was extending its power overseas. Although certain aspects of this development have been well-studied, its relationship with changes in the legal and institutional apparatus that supported (or, indeed, hindered) maritime commerce has not been satisfactorily integrated into the wider historical narrative. This book analyses the institutions that may have fostered overseas trade, and in doing so presents a better understanding of the role played by legal and social institutions in the economy of the Roman world. Chapters cover: Roman maritime trade, the historical development of Roman 'merchant law', the relationship between ports and shipping, the transport process, the conduct of Roman maritime trade from a socio-legal perspective, Roman attitudes to the threat of piracy and the exploitation of marine resources by private individuals and Roman private law. Key Features: • Brings together specialists in ancient history, economic history, archaeology and Roman law • Includes contributions from • Employs a robust and innovative methodology drawing on maritime archaeological remains and textual, epigraphic and papyrological sources • Represents an important intervention into debates about the relationship between institutional change and Roman economic development
The regulations on participation in loss incurred by persons traveling by ship were very consiste... more The regulations on participation in loss incurred by persons traveling by ship were very consistent. The settlement was possible only in the case of acting for the common interest. In the event of a jettison, it was to relieve the vessel and increase its handling and speed. The cause could be a sea storm and the risk of wrecking the ship, but also, it seems, a pirate chase. However, if the ransom was paid to the pirates, reimbursement was possible only if everyone benefited from it, and therefore when the entire ship was ransomed. What was not subject to the settlement was individual items ransomed separately as well as for what the sea robbers had seized.
The Polish and Anglo-American Constitutional Tradition in the 16th–18th Centuries, eds. J.P. Higgins, M. Kuź, D. Makiłła, Warsaw, pp. 223-237, 2024
The issuing of edicts was one of the primary means of performing official duties by the magistrat... more The issuing of edicts was one of the primary means of performing official duties by the magistrates during the republican period. The law derived from edicts complemented the legal order of the Republic not only in the sense described by Papinian: edicts related to the exercise of jurisdiction by the praetor or curule aediles supported, supplemented and improved the ius civile , but edicts issued by other magistrates were essential for the proper functioning of the state. Some of them were of a typically administrative or orderly nature, but some of them also clearly influenced private law.
The article discusses the principles of holding office of censor. Even though it seems that such ... more The article discusses the principles of holding office of censor. Even though it seems that such principles were respected, there were some deviations from the general rules due to the peculiarities of this magistracy. Particularly strong was the principle of collegiality, allowing colleagues in office to block each other and preventing them from acting alone against the will of the other censor.
The censors had wide-ranging powers related to the performance of public tasks. They concluded co... more The censors had wide-ranging powers related to the performance of public tasks. They concluded contracts (locationes censoriae) for the erection and repair of public buildings, as well as the collection of public revenues. The position of the contractors was weaker, but they were able to obtain assistance from the senate and sometimes from the plebeian tribunes. The tasks of the censors required the acquisition of land. This was done by purchase (emptio in publicum). It is not known whether the censors used coercive measures, but it seems that they rather conducted negotiations. They then carried out a publicatio, i.e. the granting of public status to the property.
Parental Authority. Cross-Disciplinary Analysis of a Legal Institution. Volume I: Parental Authority from a Historical Perspective, eds. J. Słyk, M. Wilczek-Karczewska, 2023
Acta Universitatis Lodziensis. Folia Iuridica , 2023
The article concerns the informal method of slave manumission, which was the manumissio inter ami... more The article concerns the informal method of slave manumission, which was the manumissio inter amicos. Plautus' comedies seem to be a poorly used source of knowledge about this institution. It follows from them that the owner of the slave expressed in an imperative form the desire for manumission, while the amici, or witnesses, confirmed their presence and readiness to certify manumission, saying that they were happy about the freedom received by the slave.
Women, Society and Law. From Roman Law to Digital Age, eds. M. Eysymontt, C. Lázaro, Warsaw 2022, 2022
In his speech in defence of Marcus Caelius (56 BC) Cicero used the rhetoric figure od prosopopeia... more In his speech in defence of Marcus Caelius (56 BC) Cicero used the rhetoric figure od prosopopeia and introduced the censor of 312 BC Appius Claudius Caecus to reproach Clodia, a co-accuser in the trial. This fragment of the speech had a double meaning: on the one hand, Cicero wanted Clodia to be disciplined by her relative; on the other hand, he chose the censor because of the special powers of this office related to the protection of morality. Clodia was accused of deviating from the customs of the forefathers, indecent behaviour, even adultery. In the case of a male, such allegations would result in a censorial nota. In the case of a woman, they should be controlled by the husband or relatives, which indirectly put the blame on the most bitter enemy of Cicero, Clodius as Clodia’s brother. The most famous achievements of Appius Claudius were masterfully juxtaposed with Clodia’s excesses: the speech against the conclusion of a peace treaty with king Pyrrhus and Clodia’s love “treaties”; the construction of the aqueduct and Clodia’s incestuous relationship with her brother; the paving of the Appian Way and Clodia’s strolls with lovers.
Noctes iurisprudentiae. Scritti in onore di Jan Zabłocki, 2015
Pliny’s letter 8,18 describes in detail the last will of Domitius Tullus and his complicated fami... more Pliny’s letter 8,18 describes in detail the last will of Domitius Tullus and his complicated family situation. The article discusses problems concerning the adoption of the brothers Domitii, Tullus and Lucanus, and the nature of their legal relationship. Various possibilities are analysed, the consortium ercto non cito included. The adoption of Lucanus’ daughter Domitia by Tullus is also described, as well as his marriage. The letter gives a priceless glimpse into real-life legal complexities.
The lex Iulia on jurisdiction was a complex regulation concerning both civil and criminal proceed... more The lex Iulia on jurisdiction was a complex regulation concerning both civil and criminal proceedings. The archaic procedure per legis actiones was generally abolished and substituted with the formulary proceedings. The purpose of the law was to simplify and shorten the trials.
In Republican Rome the family was more than just a socially important institution. It also had an... more In Republican Rome the family was more than just a socially important institution. It also had an economic and political significance 1. Its head was the pater familias, who was responsible for religious worship (sacra) in the family, owned its property, and had unlimited power over the rest of the family, those of its members who were free: patria potestas over his descendants in the direct line, and manus over his wife. He also exercised unlimited power, dominica potestas, over his slaves and other persons with a similar status. What the pater familias did could have a serious effect on the operations of the state, such as having his sons in its political organisations and military, paying taxes, or even on its pax deorum-the maintenance of a balance between the human world and the world of the gods. Hence the family was not left completely beyond state control. The instrument for the state supervision of family affairs was the regimen morum, the care the censors exercised over morality.
Headline: Traces the relationship between legal, economic and social change in the Roman world Bl... more Headline: Traces the relationship between legal, economic and social change in the Roman world Blurb: Bringing together archaeologists, economic historians, and legal historians, this book provides new perspectives on long-distance trade in the Roman world. Recent archaeological work has shown that maritime trade across the Mediterranean intensified greatly at the same time as the Roman state was extending its power overseas. Although certain aspects of this development have been well-studied, its relationship with changes in the legal and institutional apparatus that supported (or, indeed, hindered) maritime commerce has not been satisfactorily integrated into the wider historical narrative. This book analyses the institutions that may have fostered overseas trade, and in doing so presents a better understanding of the role played by legal and social institutions in the economy of the Roman world. Chapters cover: Roman maritime trade, the historical development of Roman 'merchant law', the relationship between ports and shipping, the transport process, the conduct of Roman maritime trade from a socio-legal perspective, Roman attitudes to the threat of piracy and the exploitation of marine resources by private individuals and Roman private law. Key Features: • Brings together specialists in ancient history, economic history, archaeology and Roman law • Includes contributions from • Employs a robust and innovative methodology drawing on maritime archaeological remains and textual, epigraphic and papyrological sources • Represents an important intervention into debates about the relationship between institutional change and Roman economic development
The regulations on participation in loss incurred by persons traveling by ship were very consiste... more The regulations on participation in loss incurred by persons traveling by ship were very consistent. The settlement was possible only in the case of acting for the common interest. In the event of a jettison, it was to relieve the vessel and increase its handling and speed. The cause could be a sea storm and the risk of wrecking the ship, but also, it seems, a pirate chase. However, if the ransom was paid to the pirates, reimbursement was possible only if everyone benefited from it, and therefore when the entire ship was ransomed. What was not subject to the settlement was individual items ransomed separately as well as for what the sea robbers had seized.
La tutela dei luoghi publici da parte dei censori consisteva nella possibilità di dare oppure tog... more La tutela dei luoghi publici da parte dei censori consisteva nella possibilità di dare oppure togliere concessioni per il loro uso nonché di intervenire nei casi dell’esercizio illegale ed occupazione di questi luoghi. Le competenze dei censori contenevano il diritto di applicare una multa, di impadronire delle cose e di ordinare demolizione.
None of the surviving Plautus’ plays refer expressly to the censors. Still the author appears to ... more None of the surviving Plautus’ plays refer expressly to the censors. Still the author appears to have made excellent use of the comic potential offered by the censors’ office without mentioning the magistracy directly. He set up some of his characters as censors, but more often he referred to legal institutions associated with the censors’ powers. Plautus’ characters mention the census and citizens making their property declarations to the censors’ assistants; they also mention the review of the equestrian centuries. Another group of references concerns the censors’ administrative powers, the drawing up of contracts for the leasehold of public revenues and expenditure. Plautus mentions the sarta tecta, a contract for the repair and maintenance of a public building; as well as a range of taxes and duties leased out by the state to publicans. There are several mentions of portorium, customs duty; and also of pascua, the toll for grazing livestock on public land, and aratio, the rent for farming a plot of public land. Plautus was very adroit in applying such terms for comic purposes – to make fun of an over-inquisitive wife, a greedy procuress or prostitute. All of these applications endow his comedies with a characteristic Roman flavour.
O PRZYSPOSOBIENIACH I EMANCYPACJACH ORAZ O INNYCH SPOSOBACH USTANIA WŁADZY OJCOWSKIEJ 7 TYTUŁ 1 K... more O PRZYSPOSOBIENIACH I EMANCYPACJACH ORAZ O INNYCH SPOSOBACH USTANIA WŁADZY OJCOWSKIEJ 7 TYTUŁ 1 KSIĘGI DIGESTÓW TEKST − TŁUMACZENIE − KOMENTARZ
O POCZĄTKACH PRAWA I WSZYSTKICH URZĘDÓW ORAZ O NASTĘPSTWIE PRAWNIKÓW. 2 TYTUŁ 1 KSIĘGI DIGESTÓW. ... more O POCZĄTKACH PRAWA I WSZYSTKICH URZĘDÓW ORAZ O NASTĘPSTWIE PRAWNIKÓW. 2 TYTUŁ 1 KSIĘGI DIGESTÓW. TEKST - TłUMACZENIE - KOMENTARZ
Uploads
Books by Anna Tarwacka
Papers by Anna Tarwacka