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DOI 10.12887/31-2018-2-122-14

Dobromiła NOWICKA – Towards the Concept of Compensation: On the Evolution of the Understanding of ‘Injure’ in the Roman Law

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The object of the author’s consideration is the Roman concept of injure (iniuria), analyzed through the prism of the regulations meant as protection from injure, or, in the case of harm actually done, as the grounds for compensation demand. Since the Roman law unquestionably stipulated that compensation be paid merely for injured property, and it did not have a concept of ‘injury’ other than that done to property, the author analyzes the issue of ‘injure’ based on the essence of the delict of iniuria, considered as a forbidden action, which, however, was not associated with injury done to property. The author reconstructs the evolution of the legal regulations regarding this issue and, drawing on them, proposes some conclusions as to the approach to injure, or harm, in the Roman law.

Translated by Dorota Chabrajska

Keywords: iniuria, contumelia, dignitas, injury, harm, reverence, dignity, physical integrity

Contact: Section of Roman Law, Institute of the History of State and Law,
Faculty of Law, Administration and Economics, University of Wroclaw,
ul. Kuźnicza 46/47, building B, room 205,
50-137 Wrocław, Poland

E-mail: dobromila.nowicka@uwr.edu.pl

Phone: +48 71 3752763


Pliki do pobrania:

» 122_Nowicka.pdf

  1. ISSN 0860-8024
  2. The Republic of Poland Ministry of Science and Higher Education Value: 20.00
  3. Quarterly “Ethos” is indexed by the following databases: EBSCO, CEEOL, Index Copernicus (ICV 2017: 55.26), Philosopher’s Index, ERIH Plus.
  4. DOI Prefix 10.12887