Poena est noxae vindicta. Retrybutywna racjonalizacja kary w Rzymie okresu królestwa, republiki i pryncypatu
Poena est noxae vindicta. Retribution as a rationalization of punishment in Roman kingship, republic and principate era

Summary/Abstract: The presented study concerns the issue of retributive rationalization (function, justification)of punishment in Roman law – from its semi-legendary beginnings to the end of the principate.The understanding of the penalty as a fair repayment for the evil caused and constituting a peculiarsubstitute for revenge (personal or family) was characteristic for many ancient communities. Also at thebeginning of Roman statehood, the main purpose of punishment was not to scare the perpetrators, asa form of prevention, but a fair repayment (retaliation) for the harm caused (poena est noxae vindicta).During the royal period, attempts to limit the phenomenon of private bloody revenge tookplace, as exemplified by the legislation of king Numa Pompilius regarding the effects of unintentionalmurder of a free man. An important manifestation of the restriction of the phenomenon of privatebloody revenge turned out to be adapted by the Romans the law of talion. However, already inthe Law of the Twelve Tables, the Quirites provided the possibility of withdrawing from talion tosettlement. In the period of the republic, talion came out of use.During the period of classical law, the Roman jurisprudence continued to maintain the currentattitude of the Romans to the retributive function of a criminal penalty, and the idea of the talionunderstood as “just repayment for the committed act”, was still alive in its views, and in someimperial constitutions. The retributive rationalization of the criminal penalty was mainly realized inthe order to measure it pro admissi criminis qualitate by the judge in extra ordinem cognitio.

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