Telum manu fugiens and Involuntary Homicide in Medieval Canon Law
Telum manu fugiens and Involuntary Homicide in Medieval Canon Law
Author(s): Maciej JońcaSubject(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.
Journal: Z Dziejów Prawa
- Issue Year: 23/2022
- Issue No: 15
- Page Range: 27-47
- Page Count: 21
- Language: English
