INDULGENTIA PRINCIPIS ED EMENDA: ASPETTI DELLA POLITICA CRIMINALE NELL’IMPERO ROMANO TRA IV E VI SEC. D.C.
Journal Title: Vergentis. Revista de Investigación de la Cátedra Internacional Conjunta Inocencio III - Year 2017, Vol 1, Issue 4
Abstract
Between the 4th and 6th centuries AD, with the punishment of the crimes, had consciously pursued not only objectives of defense of the social order and of general prevention but, unlike what is considered by the communis opinio, also a function of amend, to be understood in a wide range of meanings ranging from the minimal, already present in the reflection of the Severian jurists to that much more significative, found in imperial legislation, as correction and repentance of the delinquent. In the light of this broader drawing of criminal policy, we can better understand the ratio of the indulgence measures that emperors adopted more and more frequently, to make it a habitual custom, during Holy Easter: even through them, in fact, the legislator aims at the delinquent amend, in full compliance with the principles of Catholic religion. The pursuit of this purpose means that the acts of imperial clemency of this era are not an expression of the mere political arbitrariness of the sovereign but they justify and base the indulgence of the emperors in a coherent manner with the value system on which the criminal system is founded in that historical period.
Authors and Affiliations
Francesco Fasolino
Keywords
Related Articles
- EP ID EP354702
- DOI -
- Views 77
- Downloads 0
SAN FRANCISCO Y SU TIEMPO. CARISMA Y OBEDIENCIA
In the 12th and 13th centuries, despite the obscurantist idea that Romanticism spread, the Middle Ages had its greatest splendour, coinciding with profound social, political, cultural and religious transformations. These...
ALGUNOS ASPECTOS DEL DERECHO PENAL HISTÓRICO ESPAÑOL
This article analyses two different aspects of Penal Law of the Ancien Régime. First of all, it studies the global framework of the issue and the categories and types of crimes of the era, but above all, secondly, it ana...
INNOCENZO III TRA DIRITTO E SOCIETÀ: CONSUETUDINI, SCANDALI E CONSENSO POPOLARE
According to medieval canon law, legal rules could be waived, thus avoiding any scandals and therefore preventing a motive for public discord. As regards the custom, this principle was shaped according to the religious a...
LE RELAZIONI CHIESA-MONDO DAL CONCILIO DI TRENTO AL CONCILIO VATICANO II
I consider it is useful to explain the motivations of the title that I chose for my contribution: “The relations Church-World from the Council of Trent to the Second Vatican Council”. The first motivation derives from th...
SOBRE LA FUNCIÓN SOCIAL DE LA PATERNIDAD ADOPTIVA DESDE LA LEX ROMANA VISIGOTHORUM HASTA LA ÉPOCA DEL REY ALFONSO X EL SABIO
This paper contributes to the study of the social function of adoptive parenthood (adoptio & adrogatio) in the Lex Romana Visigothorum or Breviario de Alarico (506 d.C) during the reconquest after the islamic invasion in...