Auteur: Banach,Tomasz
Titre: Polityka karna w celu “utrzymania władzy”? Kilka uwag na temat republikańskiej polityki karnej w kontekście procesu katylinarczyków
Revue/Collection: Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius), 71/3
Annèe edition: 2024
Pages: 165–180
Mots-clès: Droit - Diritto - Law, Politique - Politica - Politics
Description: [Criminal policy aimed at “retaining power”? A few observations on the Republican criminal policy in the context of the trial of the Catiline conspirators] In this article, the author challenges the view that criminal policy in Republican Rome was implemented with the aim of ‘maintaining the ruling elite’s hold on power’. Power in the Roman Republic was not the preserve of a single body, but rather constituted the sum of the governing powers of the central constitutional bodies. The author also argues that, in the political and legal reflections of Polybius and Cicero, the mixed constitution of the Roman Republic precluded the concentration of power and thus guaranteed governing powers not only to the aristocratic ruling elite but also to the people. Politics, understood as concern for the common good and for the interests of the civic community as a whole (utilitas rei publicae), was linked to the mores, which formed an integral part of the ius. Criminal policy, too, ought to be subordinated to this utilitas rei publicae. The trial of the Catilinarians serves as an illustration of this principle. The specific interdependence between criminal policy and the interaction of state institutions—evident both in the actions of the consul Cicero preceding the trial and in the trial of the conspirators before the Senate itself—determined the effectiveness of the criminal policy pursued at that time, the result of which was the political stability expected by the citizens. Criminal policy, implemented in accordance with the republican constitution, was therefore not pursued with the aim of ‘maintaining power for the ruling elite’, but was carried out in the interests of the entire political community. [Author] In Polish
Oeuvres:
Liens: https://journals.umcs.pl/g/article/view/17398/11986
Sigle auteur: Banach 2024
Titre: Polityka karna w celu “utrzymania władzy”? Kilka uwag na temat republikańskiej polityki karnej w kontekście procesu katylinarczyków
Revue/Collection: Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius), 71/3
Annèe edition: 2024
Pages: 165–180
Mots-clès: Droit - Diritto - Law, Politique - Politica - Politics
Description: [Criminal policy aimed at “retaining power”? A few observations on the Republican criminal policy in the context of the trial of the Catiline conspirators] In this article, the author challenges the view that criminal policy in Republican Rome was implemented with the aim of ‘maintaining the ruling elite’s hold on power’. Power in the Roman Republic was not the preserve of a single body, but rather constituted the sum of the governing powers of the central constitutional bodies. The author also argues that, in the political and legal reflections of Polybius and Cicero, the mixed constitution of the Roman Republic precluded the concentration of power and thus guaranteed governing powers not only to the aristocratic ruling elite but also to the people. Politics, understood as concern for the common good and for the interests of the civic community as a whole (utilitas rei publicae), was linked to the mores, which formed an integral part of the ius. Criminal policy, too, ought to be subordinated to this utilitas rei publicae. The trial of the Catilinarians serves as an illustration of this principle. The specific interdependence between criminal policy and the interaction of state institutions—evident both in the actions of the consul Cicero preceding the trial and in the trial of the conspirators before the Senate itself—determined the effectiveness of the criminal policy pursued at that time, the result of which was the political stability expected by the citizens. Criminal policy, implemented in accordance with the republican constitution, was therefore not pursued with the aim of ‘maintaining power for the ruling elite’, but was carried out in the interests of the entire political community. [Author] In Polish
Oeuvres:
Liens: https://journals.umcs.pl/g/article/view/17398/11986
Sigle auteur: Banach 2024
