Inscriptions on the Supreme Court (Warsaw)

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The Supreme Court in Warsaw

On the modern building of the Polish Supreme Court ( Sąd Najwyższy ) in Warsaw opposite the Krasiński Palace , now the National Library, there are 86 inscriptions . They are Latin legal clauses, predominantly Roman, with sources and their Polish translation. They even catch the eye of those who pass by. Because the brazen letters of the inscriptions are mainly attached to the striking pillars of the glass outer facade decorated with the scales of Justice, a few inscriptions are on pillars in the interior of the complex by the architects Marek Budzyński and Zbigniew Badowski, which was completed in 1999 .

The sources of the Latin inscriptions

The main source of the selected Latin inscriptions is the comprehensive codification of Roman law , the so-called Corpus Iuris Civilis , which the Eastern Roman Emperor Justinian I initiated in the first half of the 6th century AD. A total of 73 inscriptions come directly or indirectly from the multi-part work, the individual parts of which are institutions , digests or pandects and Codex Iustinianus on the pillars with their initial letters as I., D. and ad D. (explanation for) as well as C. and ad C. are abbreviated. The oldest of the remaining inscriptions of the total of 86 sentences is a section from the Twelve Tables Law , the first codification of Roman law, from the middle of the 5th century BC. Two inscriptions are taken from the legal textbook of the well-known jurist Gaius under the Roman emperors of the 2nd century AD, a small group includes quotations from Roman writers, they come from the work De Lingua Latina (About the Latin Language) by Varro , 116 to 27 BC BC, the works of Cicero , 106 to 43 BC Chr., De Officiis (Of Dutiful Action), De Re Publica (About the State), De Legibus (About the Laws) and the defense speech for Milo - Pro Milone, as well as the letters to Lucilius - Epistulae morales ad Lucilium of Seneca , approx 1 v. BC to 65 AD, the philosopher and educator Nero , and the Saturnalia - Saturnalia of Macrobius , 385/390 to approx. 430 AD, who is known as a commentator on the Somnium Scipionis of Cicero's De re publica. Only two inscriptions are of Polish origin. One draws on an inscription that was already to be read in the courts of old Poland and is based on Psalm 75.3 of the Old Testament, the other is from the Jedlno-Krakow privilege, the so-called Polish "Magna Charta" confirmed by King Władysław II Jagiełło in 1433 .

The selection committee

The 86 sentences were selected and translated into Polish by a team chaired by law professor Witold Wołodkiewicz , whose specialty areas include Roman law and its influence on the development of European legal culture as well as legal history and comparative law.


The Latin sentences with the source and German translation

The wording and order of the Latin inscriptions are given below, as specified by W. Wołodkiewicz for the Supreme Court in Warsaw, followed by the translation into German.

  1. Qui munus publice mandatum accepta pecunia ruperunt, crimine repetundarum postulantur (D. 48.11.9) - Whoever abuses the public office assigned to him by accepting gifts of money will be prosecuted for bribery
  2. Minime sunt mutanda, quae interpretationem certam semper habuerunt (D. 1.3.23) - It is by no means allowed to change what has always had a certain interpretation
  3. Qui non facit quod facere debet, videtur facere adversus ea, quia non facit (D. 50.17.23) - Anyone who neglects what is required is considered to be someone who acts contrary to what is required because he does not act
  4. Ubi eadem legis ratio, ibi eadem legis, dispositio (ad D. 9.2.32 pr) - Where the basic idea of ​​the law is the same, the arrangement of the law is the same
  5. Ius publicum privatorum pactis mutari non potest (D. 2.14.38) - Public law cannot be changed by private contracts
  6. Non ex regula ius sumatur, sed ex iure quod est regula fiat (D. 50.17.1) - The law should not be derived from the rule, but, conversely, the rule from the law
  7. In legibus magis simplicitas quam difficultas placet (I. 2.23.7) - In the formulation of the laws, the simple rather than the difficult resonates
  8. Optima est legum interpres consuetudo (D. 1.3.37) - The best interpreter of the law is habit
  9. Ius civile vigilantibus scriptum est (D. 42.8.24) - The right of the (Roman) citizens is written for the vigilant
  10. Leges ab omnibus intellegi debent (C. 1.14.9) - laws must be understood by everyone
  11. Scire leges non hoc est verba earum tenere, sed vim ac potestatem (D. 1.3.17) - Knowing the laws does not mean sticking to their wording, but to their meaning and meaning
  12. Placuit in omnibus rebus praecipuam esse iustitiae aequitatisque quam stricti iuris rationem (C. 3.1.8) - It has been felt that in all cases the consideration of justice and appropriateness is higher than the consideration of strict law
  13. Non omnis vox iudicis iudicati continet auctoritatem (C. 7.45.7 pr.) - Not every spoken word of the judge has the authority of a judicial decision
  14. Advocatorum error litigatoribus non noceat (C. 2.9.3 pr.) - An error by the lawyers should not harm the parties to the dispute
  15. Incivile est nisi tota lege perspecta una aliqua particula eius proposita iudicare vel respondere (D. 1.3.24) - It is not in accordance with the law to pronounce a judgment or to give a judicial decision if one bases only one small detail without to consider the law as a whole
  16. Iura non in singulas personas, sed generaliter constituuntur (D. 1.3.8) - Legal provisions are not written for individual persons, but for the general public
  17. Omnis definitio in iure civili periculosa est: parum est enim, ut non subverti posset (D. 50.17.202) - Every definition of the law applicable to Roman citizens is dangerous: it is seldom irrefutable
  18. Satius enim esse impunitum relinqui facinus nocentis quam innocentem damnari (D. 48.19.5 pr.) - It is better that the crime of a perpetrator go unpunished than that an innocent person be convicted
  19. Nullus videtur dolo facere, qui iure suo utitur (D. 50.17.55) - Anyone who exercises their right is not considered to be someone who acts fraudulently
  20. Nemo enim in persequendo deteriorem causam, sed meliorem facit (D. 50.17.87) - Through criminal prosecution, nobody makes a case not worse, but better
  21. Iuris prudentia est divinarum atque humanarum rerum notitia, iusti atque iniusti scientia (D. 1.1.10.2) - Jurisprudence is the knowledge of human and divine things, the science of the just and the unjust
  22. Dolum malum facit qui ex aliena iactura lucrum quaerit (D. 14.3.17.4) - Whoever makes profit from the loss of others is acting fraudulently
  23. Is damnum dat, qui iubet dare (D. 50.17.169) - He who inflicts the damage who orders its execution
  24. Nam hoc natura aequum est neminem cum alterius detrimento fieri locupletiorem (D. 12.6.14) - Because this is by nature just and equitable that no one enriches himself to the detriment of his fellow man
  25. Nulla pactione effici potest, ne dolus praestetur (D. 2.14.27.3) - It cannot be contractually achieved that there is no liability for a list
  26. Reformatio in peius iudici appellato non licet (D. 49.1.1 pr) - A judge who has been called (for the purpose of appeal) is not allowed to change the judgment for the worse
  27. Nemo auditur propriam turpitudinem allegans (ad C. 7.8.5) - Nobody is listened to who invokes his own shameful actions
  28. Cogitationis poenam nemo patitur (D. 48.19.18) - Nobody is punished for the mere thought
  29. Dolus non praesumitur (D. 22.3.18.1) - fraudulent intent is not assumed
  30. Iustitias vestras iudicabo (napis na ścianie trybunałów w dawnej Polsce - an inscription in the courts of ancient Poland) - I will judge your justice
  31. Neminem captivabimus nisi iure victum (na podstawie przywilejów Władysława Jagiełły z lat 1430-33 - based on the privilege of Władysław Jagiełło) - we will not imprison anyone unless they have been convicted by the court
  32. Cessante ratione legis, cessat ipsa lex (ad D. 35.1.72.6) - If the meaning of a law ceases to exist, the law itself ceases to exist
  33. Cum in verbis nulla ambiguitas est, non debet admitti voluntatis quaestio (D. 32.25.1) - If the words are unambiguous, one must not ask what is meant
  34. Male nostro iure uti non debemus (Gaius 1.53) - We must not abuse our rights
  35. Ius est ars boni et aequi (D. 1.1.1 pr.) - The law is the art of what is good and appropriate
  36. Non exemplis, sed legibus iudicandum est (C. 7.45.13) - A judgment is to be made not on the basis of examples, but according to the law
  37. Nulla poena sine lege (D. 50.16.131.1) - No punishment without law
  38. Quod ad ius naturale attinet, omnes homines aequales sunt (D. 50.17.32) - According to natural law, all people are equal
  39. Delicta parentium liberis non nocent (ad C. 6.7.2 pr) - crimes committed by the parents do not harm the children
  40. Nulla iniuria est, quae in volentem fiat (D. 47.10.1.5) - It is not an injustice that is done to someone with their consent
  41. Dura lex, sed lex (ad D. 40.9.12.1) - The law is hard, but it is the law
  42. Quod omnes similiter tangit, ab omnibus comprobetur (C. 5.59.5.2) - What concerns everyone in a similar way requires the consent of everyone
  43. Summum ius summa iniuria (Cicero, de off.1.33) - The highest law can become the highest injustice (through an overly subtle but malicious interpretation of the law)
  44. Alienus dolus nocere alteri non debet (D.44.4.11 pr.) - Malicious acts of others must not harm another
  45. Res iudicata pro veritate accipitur (D. 50.17.207) - A final judgment is considered truth
  46. Legem brevem esse oportet (Seneca, ep. 94.38) - A law should be short
  47. In omnibus quidem, maxime tamen in iure aequitas spectanda sit (D. 50.17.90) - Certainly, justice is to be observed in everything, but primarily with the law
  48. Vanae voces populi non sunt audiendae (C. 9.47.12) - One must not listen to the unreliable voices of the people
  49. Iustitia est constans et perpetua voluntas ius suum cuique tribuendi (D. 1.1.10 pr.) - Justice is the constant and sustainable will to grant everyone their rights
  50. Non omne quod licet honestum est (D. 50.17.144 pr.) - Not everything that is allowed is honorable
  51. Leges bonae ex malis moribus procreantur (Macrobius sat. 3.17.10) - Good laws grow from bad morals
  52. Quid est enim civitas nisi iuris societas civium (Cicero, de re publ. 1.49) - What is a state but a legal community of citizens
  53. Legem bonam a mala nulla alia nisi naturae norma dividere possumus (Cicero, de leg. 1.44) - We can only distinguish a good law from a bad one if we apply the standard of nature
  54. Vim vi repellere licet (D. 43.16.1.27) - Violence may be repulsed by force
  55. Silent leges inter arma (Cicero, pro Mil. 4.11) - laws are silent under arms
  56. Onus est honos qui sustinet rem publicam (Varro, de l. 5.73) - Complaint is the honor that the state bears
  57. Libertas inaestimabilis res est (D. 50.17.106) - Freedom is an inestimable good
  58. Cedant arma togae (Cicero, de off. 1.77) - The weapons may give way to the toga (the robe of peace)
  59. Salus populi suprema lex esto (Cicero, de leg. 3.8) - The welfare of the people should be the supreme law
  60. Hominum causa omne ius constitutum sit (D. 1.5.2) - For the sake of people, all law should be laid down
  61. Pacta sunt servanda (ad D. 2.14.7.7) - contracts must be observed
  62. Nostrum est iudicare secundum allegata et probata (ad D.1.18.6.1) - It is our task to judge according to what has been presented and proven
  63. Lex retro non agit (ad C. 1.14.7) - The law does not apply retrospectively
  64. Quod initio vitiosum est, non potest tractu temporis convalescere (D. 50.17.29) - What is faulty from the beginning cannot be cured by the passage of time
  65. In testamentis plenius voluntates testantium interpretamur (D. 50.17.12) - In wills we understand the will of the testator quite comprehensively
  66. Nemo est iudex in propria causa (ad C. 3.5.1) - Nobody is a judge in his own case
  67. Nemo plus iuris ad alium transferre potest quam ipse habet (D. 50.17.54) - Nobody can transfer more rights to another than he himself has
  68. In dubio pro reo (ad D .50.17.125) - In case of doubt for the accused
  69. Secundum naturam est commoda cuiusque rei eum sequi, quem sequuntur incommoda (D. 50.17.10) - It is natural that the advantages of each thing meet those who have the disadvantages.
  70. Ambulatoria est voluntas defuncti usque ad vitae supremum exitum (D. 34.4.4) - Man's will is changeable up to the last moment of his life
  71. Ne quis absens puniatur (D. 48.17.1 pr) - Nobody should be punished in absentia
  72. Reus excipiendo fit actor (D. 44.1.1) - If the defendant raises objections, he becomes the plaintiff
  73. Libera matrimonia esse antiquitus placuit (C. 8.38.2) - marriages should be free, as has been recognized since ancient times
  74. Ne eat iudex ultra petita partium (ad D. 10.3.18) - The judge should not go beyond what the parties have requested
  75. Nullus idoneus testis in re sua intellegitur (D. 22.5.10) - Nobody is seen as a suitable witness in their own right
  76. Venire contra factum proprium nemini licet (ad D. 1.7.25) - Nobody is allowed to contradict their own (previous) behavior
  77. Prior tempore potior iure (C. 8.17.3) - The earlier in the time, the stronger in the right
  78. Sententia facit ius inter partes (ad D.5.2.17.1) - The judgment creates justice among parties
  79. Ei incumbit probatio qui dicit non qui negat (D.22.3.2) - The evidence is incumbent on those who claim something and not those who deny something
  80. Until de eadem re ne sit actio (ad Gaium 4.107) - twice no proceedings should take place over the same matter
  81. Actor rei forum sequitur (C. 3.19.3) - The plaintiff goes to the court competent for the defendant
  82. Impossibilium nulla obligatio est (D. 50.17.185) - There is no obligation to the impossible
  83. Si in ius vocat, ito (Ustawa XII tablic - Twelve Tables Act) - If the plaintiff calls the court, the defendant should go
  84. Ignorantia iuris nocet, ignorantia facti non nocet (ad D. 22.6.9 pr) - ignorance of legal matters harms, ignorance of the facts does not harm
  85. Lex posterior derogat legi priori (ad D. 1.4.4) - The younger law cancels the older one
  86. Favorabiliores rei potius quam actores habentur (D. 50.17.125) - The defendant must be more favored than the plaintiff

  • Inscription 28

  • Inscription 31

  • Inscription 38

  • Inscription 52

  • Inscription 57

Statement and effect

The caryatids on the east side of the Supreme Court in Warsaw

The 86 Latin sentences on the building of the Supreme Court in Poland are an iron document from a selection of Roman legal sources and significant statements about law and order. The attached translation into Polish, in letters as large as the Latin version, makes it understandable for every citizen. Not coincidentally are the inscriptions that attest their own legal culture, the main entrance to the west, and not by accident they correspond on the east side of the building complex with three caryatids that faith, hope and love symbolize. The exposed placement of the inscriptions on fluted support pillars in front of the glass facade of the building also gives the impression that more than respect is being expressed for the legal legacy of the Romans and the legal tradition. The quotations seem to have a symbolic significance. While Roman law had become almost irrelevant during the era of socialism, here it becomes visible and comprehensible as the legal pillar of contemporary Poland. According to Szczygielski, it continues to have an impact today in terms of content and, as a common basis of European law, contributes to strengthening modern law in Poland, as he shows in his treatise "Latin Legal Maxims in the Judgments of the Constitutional Tribunal in Poland".

literature

Individual evidence

  1. ↑ F. Longchamps de Berier, 429
  2. ↑ In the Imperial Tribunal in Lublin the inscription was placed next to the crucifix and thus placed in Jesus' mouth, cf. F. Longchamp de Bérier, 429. It was preceded by the words "Iuste iudicate, nam" - "Judge justly, because", which were addressed directly to the judges. See http://www.piotrkow.pl/sport-i-turystyka-t73/turystyka-t102/legendy-piotrkowa-t225/o-trybunale-diabelskim-t226/pdf . In the OT the excerpt from the psalm reads “Iustitias iudicabo” - I will judge righteously.
  3. ↑ Ladislaus Jagellio, Grand Duke of Lithuania, became King of Poland in 1386 through his marriage to Hedwig von Anjou (called Jadwiga), who had been crowned “King” of Poland since 1384. After the two ruled together, King Ladislaus Jagiellio ruled until 1434 after the death of his wife (1399). He is buried in the Wawel in Krakow.
  4. ↑ See G. Hryncewicz-Lamber, “In search of symbolic synergy of contemporary forms and references to ancient Rome”, 123f. See the floor sculpture by Rudolf Herz on the grounds of the German Federal Court of Justice in Karlsruhe, letters of the legal principle LEX INJUSTA NON EST LEX set in circles - an unjust law is not a law.
  5. ↑ See inscriptions 9, 37, 40, 61, 63, 66, 67, 68, 79, 80, 81, 82, 84 K. Szczygielsky, 216-219