Iniuria

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The iniuria (German injurie , "violation of the law") describes in Roman law the injustice that someone inflicts on another through a crime (act). In contrast to the lawful act ( ius ), the unlawful act ( iniuria ) violates a legal interest, which indicates the unlawfulness of the act. The general offense can be found in the “Damages Law” of the Twelve Tables Act . There the legal consequences were listed, which particularly sanctioned the willful violation of physical integrity. Guilt (culpa) was part of tort law as early as the late Republican period .

From the late republican period, reasons for justification and the exclusion of guilt were formulated. If there was a justification ( e.g. self-defense ), the act was not unlawful; if there was no guilt (e.g. an order emergency), the offender was exonerated, although the act was unlawful.

Pre-Classical Law

The facts that protect the legal interest of physical integrity include, on the one hand, severe, permanent physical damage. The subsumed act is punished with the Talion if no other comparison is made . On the other hand, simple, non-permanent physical injuries are assessed with a fixed fine.

Classical and late classical law

In addition to bodily harm offenses, the iniuria now also subsumes offenses that represent an unlawful, personal injury attack on the honor or integrity of a person. This includes insult, slander and defamation ("verbal injurie"), but also immoral stalking.

The further development of Roman law then excluded the archaic Talion as a legal consequence. The amount of the fine determined to atone for the act is now based on the individual case and is set by the magistrate at his discretion.

The injured party carries out the private lawsuit through the actio iniuriarum .

literature

  • Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 168 f.
  • Max Kaser : Roman private law. 2nd Edition. CH Beck, Munich / Würzburg 1971, ISBN 3-406-01406-2 , § 41, pp. 155-156, § 145, pp. 623-625.
  • Max Kaser: Roman legal history . 2nd revised edition. Verlag Vandenhoeck & Ruprecht, Göttingen 1976, ISBN 3-525-18102-7 , § 13, pp. 59-63, § 15, pp. 66-73.

Individual evidence

  1. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 168 f.