Telum manu fugiens and Involuntary Homicide in Medieval Canon Law Cover Image

Telum manu fugiens and Involuntary Homicide in Medieval Canon Law
Telum manu fugiens and Involuntary Homicide in Medieval Canon Law

Author(s): Maciej Jońca
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: guilt; culpa; casus; Roman law; canon law; Decretum Gratiani

Summary/Abstract: Medieval jurists succeeded in making the first attempts, which then made it possibleto rank the degrees of guilt as follows: dolus – culpa – casus. Roman law addressed cases of unintentionalcrimes in a descriptive manner. For the manslaughter situation, they used the descriptionof a weapon that escaped someone’s hand on its own and caused a someone’s death. A regulationof this kind has already appeared in the Law of the XII Tables. The topos of a weapon thatitself escapes from a man’s hand was also used by early Christian writers. From there it made itsway into medieval compilations of canon law.

  • Issue Year: 23/2022
  • Issue No: 15
  • Page Range: 27-47
  • Page Count: 21
  • Language: English
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