Ius Militare – Military Courts in the Roman Law (I)

Apasiev, Dimitar and Kosevaliska, Olga (2015) Ius Militare – Military Courts in the Roman Law (I). International Journal of Sciences: Basic and Applied Research, 21 (1). pp. 389-397. ISSN 2307-4531

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Abstract

Military courts in ancient Rome belonged to the so-called inconstant coercions (coercitio), they were respectively treated as “special circumstances courts” excluded from the regular Roman judicial system and performed criminal justice implementation, strictly in conditions of war. To repress the war torts, as well as to overcome the soldiers’ resistance, which at moments was violent, the king (rex) himself at first and the highest new established magistrates i.e. consuls (consules) afterwards, have been using various constrained acts. The authority of such enforcement against Roman soldiers sprang from their “military imperium” (imperium militiae). As most important criminal and judicial organs in conditions of war, responsible for maintenance of the military courtesy, were introduced the military commander (dux) and the array and their subsidiary organs were the cavalry commander, military legates, military tribunals, centurions and regents. In this paper, due to limited available space, we will only stick to the main military courts in ancient Rome.

Item Type: Article
Subjects: Humanities > History and archaeology
Social Sciences > Law
Social Sciences > Political Science
Divisions: Faculty of Law
Depositing User: Dimitar Apasiev
Date Deposited: 15 Jun 2015 14:02
Last Modified: 15 Jun 2015 14:02
URI: http://eprints.ugd.edu.mk/id/eprint/13331

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