Revista Română de Istoria Dreptului / Romanian Journal of Legal History

First Page | Prima pagină

2026-05-07T17:45:27+00:00

Cuprins

2026-05-07T18:00:44+00:00

2026-05-07T18:03:04+00:00

Back Matter

2026-05-07T18:25:51+00:00

Cicero’s Rhetorical Tactics in the Trial of Lucius Licinius Murena

2026-05-07T18:38:27+00:00

In November 63 BC, Cicero delivered his speech in defence of the army commander Lucius Licinius Murena, who was running for the office of consul the following year. Murena was accused by his competitors and their supporters of electoral bribery, or ambitus. Murena’s conviction would not only have ended his political career but would have put the republic in grave danger because following such a decision the leadership of the state would have been taken over at the beginning of 62 BC by a single consul instead of two, who would have been unable to cope with the threat of the conspiracy exposed, fuelled by Catiline. Cicero was therefore called upon to defend—beyond the honour of a member of the Roman political elite—the very stability of the Roman state, as he himself clearly articulates in his oratio. This exceptional situation would have prompted the orator to accept Murena’s defence, despite the fact that the accusation had been made by Marcus Porcius Cato, a statesman of exceptional moral authority who had consistently adhered to the principles of Stoic ethics throughout his career, and by Servius Sulpicius Rufus, the most eminent legal expert of the time and a good friend of Cicero. In his defence speech, the orator does not focus primarily on contrasting the personal merits of his competitors Licinius Murena and Sulpicius Rufus but rather compares their careers, their work as strategists and scholars in the legal sciences—interweaving his own fundamental vocation—and as orators, placing them on the scales of service to the state and the public good. Cicero offers a spiritual assessment, sprinkled with humour. The end of the trial is well known: the court acquitted Murena, who was thus able to begin his term as consul the following year, taking over the position from Cicero, his defender. In what follows, we will first examine the historical background of the speech Pro Murena, providing more detail on the political events surrounding the delivery of the speech, as this oratio appears during the unmasking of the conspiracy initiated by Catiline, so it cannot be extracted from the context of the turbulent political relations of those months. Next, in the course of analysing the legal background of the trial, we will review the method of electing consuls in the last century of the republic, namely the presentation of electoral bribes organically linked to this process, and the not necessarily effective legislative efforts aimed at punishing the commission of ambitus. Finally, we will move on to presenting the rhetorical tactics adopted in Pro Murena, the contentio dignitatis, namely the typical strategy applied in trials involving cases of ambitus, through which Cicero compared the career development and personalities of rival candidates: through this approach, the orator sought not so much to prove his client’s innocence in relation to the accusation of electoral bribery but rather to demonstrate Murena’s, the winner of the election, aptitude for the dignity of consul, and at the same time his opponent’s, Sulpicius Rufus’s, inability to hold this office.

Historical Aspects of Employer’s Liability for Damage Caused by an Employee to a Third Party at Work or in Work-Related Situations under Serbian Law

2026-05-07T19:13:48+00:00

In this article, the author analyses the evolution of an employer’s liability for damages caused by an employee to a third party at work and in work-related situations under Serbian law. As a starting legal source, she considers the Serbian Civil Code of 1844, which is a shortened version of the Austrian Civil Code of 1811, and analyses its rules on this subject. However, during the translation of the Austrian Civil Code, an omission occurred, which made it difficult for the author to determine whether it establishes fault as a condition of liability in a general way and to draw a conclusion on whether the liability of the employer is fault-based or a form of strict liability. After the Serbian Civil Code had ceased to be in effect, with the adoption of the Law on the Invalidity of Legal Regulations enacted before 6 April 1941, the employer’s liability for damage caused by an employee and suffered by third parties was regulated by the Basic Law on Labour Relations on 24 October 1966. Similarly, the Draft of a Code on Obligations and Contracts of 1969, published by Professor Mihailo Konstantinović (“Sketch”), also regulates this issue but differentiates between two categories of employers: state and private employers. In relation to the liability of public employers, it referred back to labour law regulations. Finally, the 1978 Obligations Act regulated this subject matter in relation to all employers. It prescribes that the employer shall be liable for damage caused by an employee to a third party at work and in work-related situations, with the condition that the employee acts at fault. The 1978 Obligation Act does not determine the legal nature of this liability. However, contemporary legal scholarship is of the opinion that it should be construed as strict liability, since the employer cannot exempt himself/herself from liability by proving that there is no fault on his/her side. Only employees’ faults are legally relevant.

Development of the Role of National Parliaments in the European Union

2026-05-07T19:21:22+00:00

This study focuses on the historical development of the role of national parliaments in the European Union (EU). The study first deals with questions such as what the parliament is, how parliaments are structured, what the functions of a parliament are, and how, over time, national parliaments have lost their power, while the European Parliament has strengthened its own. The main part of the work refers to the influence and role of national parliaments through different periods of the development of the EU, starting with the foundation of the organisation with the Lisbon Treaty. National parliaments have always been part of the EU political system, although hidden behind their governments, and are called upon to play a direct role on extraordinary and limited occasions such as the ratification of treaty reforms.

Political Shifts and Worker Representation: Trade Union Effectiveness in Interwar and Post-war Romania

2026-05-07T19:26:36+00:00

Little has been written about the contribution of trade unions to the formation of modern Romanian society or about Romanian trade union history in general. Despite their potential as instruments of social peace and justice, the interaction between political regimes, labour rights, and trade union effectiveness in Romania has been understudied. By stripping the history of trade unions from the distortions imposed during the Soviet-type dictatorship and focusing on key strikes and labour movements in the Jiu Valley—Romania’s major coal basin and important labour centre during the interwar and post-war period—this study aims to examine Romanian political systems and historical conjunctures through the lens of trade union effectiveness. It investigates if trade unions fulfilled their intended role under different regimes and whether legal frameworks, such as provisions for freedom of association, were genuinely implemented or remained legal fictions. This perspective is insightful for understanding the marginalised role and diminished importance of trade unions today, illustrating how the legacy of fictitious workers’ representation has had long-lasting repercussions.

The Evolution of Personal Scope in Polish Individual Labour Law – A 20th-Century Historical Analysis

2026-05-07T19:30:28+00:00

This paper examines the historical development of Polish labour law, focusing on the expansion of its personal scope and its adaptation to broader socio-economic changes. In Poland, labour law began to take shape after the country regained independence in 1918, driven by industrialisation and the need to regulate the relationship between employers and employees. The study examines key milestones, including early regulations covering both workers and knowledge workers, attempts at codification in 1949, and the introduction of the Labour Code in 1974, which, despite numerous amendments, remains the core of the Polish labour law system. Particular attention is paid to the gradual inclusion of different categories of workers, extending beyond traditional employment to the service sector and non-standard working arrangements. By analysing these developments, the article highlights the historical foundations that have shaped the Polish labour law and offers insights into how these principles can influence future legislative reforms to strengthen labour protection.

Rape as a Crime Against Humanity and as a War Crime in the Context of the International Criminal Tribunal for the Former Yugoslavia

2026-05-07T19:34:55+00:00

The main goal of this article is to analyse the crime of rape in the context of law and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as the legal impact that the operation of this tribunal has had on the law and practice of the International Criminal Court (ICC) in this matter. Therefore, the first part of this paper is dedicated to the research of the definitions of the crime of rape given in the practice of the ICTY, namely the ones that stemmed from the Furundžija and Kunarac et al. cases before that tribunal. The author argues that such a situation, in which one criminal tribunal does not have the definition of a crime for which it has jurisdiction in advance but rather has to create it in its practice, is a serious violation of some of the most important principles of criminal law, most importantly the principle of legality. The second part of the article focuses on the definition of rape adopted in the law of the ICC, i.e. by its Elements of Crimes act and the influence that the definitions of rape created by the ICTY have had on it. The author opines that, although the creators of the ICC’s definition of the crime of rape surely had in their minds the definitions created by the ICTY, the definition contained in the Elements of Crimes is nevertheless different from those previous definitions. Having that in mind, the author argues that the ICC should rarely refer to the ICTY practice regarding the crime of rape in its future jurisprudence, and that it could do so only when such practice is completely in line with the definition of rape contained in the Elements of Crimes.

Protection of Crime Victims in Poland: An Analysis of Key Stages of Its Evolution

2026-05-07T19:40:38+00:00

The article presents the development of crime victims’ rights in Poland over the past decades, focusing on the key stages of this process. After the political transformation in 1989, the protection of victims gained importance, leading to the gradual introduction of new support mechanisms. Some of the most important changes included mediation, restitution, and the expansion of victims’ procedural rights, allowing them greater participation in criminal proceedings and better opportunities to pursue their claims. International law, particularly regulations from the European Union and other international organisations, played a crucial role in this development by requiring Poland to adapt its system to global standards of victim protection. Despite progress, challenges remain in the practical implementation of these rights. The main difficulties include the effectiveness of the compensation system, protection against secondary victimisation, and access to professional support. The article examines these changes in the context of the growing importance of victims’ rights and emphasises the need for further improvements to the protection system, especially in response to emerging threats such as cybercrime and online violence.

Development of Extended Confiscation in the Republic of Croatia and Its Relationship with Other Forms of Confiscation

2026-05-07T19:44:21+00:00

The paper explores the historical and legal evolution of property confiscation in Croatia, emphasising the ideological and political motives behind its use during the Second World War and in post-war Yugoslavia and its transformation in the contemporary legal framework. Confiscation is a legal term whose meaning has changed across different historical periods and legal systems, making it interpretatively complex. Legal irregularities, vague definitions of crimes, and the broad scope of confiscated assets characterised confiscation as a sanction. In 2006, extended confiscation was introduced into Croatian criminal legislation as a special measure distinct from and outside the system of criminal sanctions. However, its punitive elements raise concerns about its compatibility with fundamental legal principles, including the presumption of innocence and the principle of guilt. While ordinary confiscation aims to restore property obtained through specific and determined crimes, extended confiscation targets the broader property of perpetrators, reflecting one of the key similarities with confiscation penalty from former Yugoslavia. The study highlights the need for clear legal definitions and alignment with constitutional safeguards. It questions whether extended confiscation risks undermining the rule of law, drawing parallels with the controversial confiscation penalties of former Yugoslavia.

Pentru autori [RO]

2026-05-07T18:06:43+00:00

For Authors [EN]

2026-05-07T18:10:56+00:00

RRID 2025 Entire Issue | RRID 2025 format integral

2026-05-07T18:30:17+00:00