Prawne aspekty ograniczenia chłosty w prawie rzymskim

Abstract

Ancient sources of law and other historical documents indicate clearly that Roman penal law knew limitations of flogging, both in objective and subjective aspects. The first one was connected with the limitation of using certain tools (like fustis, which was used towards free people called humiliores, and flagellum, but servi were flogged by using this tool). The subjective limitation referred to certain persons (honestiores but not to humiliores). This is one of many evidence, that the division of Roman society on humiliores and honestiores had impacts not only on sentencing, but also on way of carrying out the penalty. This is very clearly confirmed by Roman jurists (such as D. 48, 19, 10 pr.; D. 48, 19, 28, 2; D.49, 18, 1). It is probable that the precise rules of limitation of flogging were created thanks to universality and simple way of sentencing and carrying out of his penalty. This is probably the only explanation why jurists described this problem so widely.