University of Social Sciences and Humanities
Warsaw-Polend
The perspective of scientific research on the Roman
public law[1]
Contents: 1. The study of private Roman law only? – 2. The imperium romanum idea in the
Middle Ages. – 3. The
imperium romanum idea after the fall of the Byzantine Empire. – 4. The imperium romanum idea in modern
times.
– 5. Return to the idea
of Roman Empire imperium romanum in the twentieth century. – 6. The contemporary reference to the imperium romanum
idea. –
7. The imperium romanum
idea and the Catholic Church. – 8. The
history of the research on the Roman public law. – 9. The
contemporary research on Roman public law. – 10. The research on Roman public law in Polish
Romance studies. – 11. The future of the Roman public law. – 12. The methodological epistemology. – 13. The conclusions. – Abstract.
1. – The study of private Roman law only?
The modern research and teaching of Roman law is generally
associated with the private law or in the currently used terminology, with the
civil law. The interest in Roman private law was initiated by two practical
events. The first of these was the discovery of the Digest manuscript in
monastic library in Pisa in the middle of the eleventh century. The manuscript
has been stored in Florence (Littera Florentina) since 1406. The Digests
became the basis for study and teaching of law, first at the University of
Bologna (glossator’s school), and then at the other European universities. The
second event was the need for legal regulation for nascent trade and commerce
in the Middle Ages[2].
Both branches of the Middle Ages economy required the certain law regulation –
it means written law. In the early Middle Ages, the orally passed customary law
was mainly used. As a result of both above mentioned events, the implementation
of the Roman law and creation of the roman-canonical legal system (ius
commune romano-canonico) took place. This system was in use in the most
countries of medieval Europe[3].
Further development of the Roman private law was linked to its
reception to the needs of the practice of the merchant and the courts. The
Imperial Chamber Court (Reichskammergericht) played the crucial role in
the application of Roman law in practice. This court, since 1495, was consisted
of 16 judges and half of them had to be proficient in the knowledge of Roman
law. The Roman private law was applied until the great codification was
created, i.e. the Napoleonic Codex of 1804 (Code Civile) and the German
Civil Code of 1896 (BGB).
The current studies of the Roman private law, which are reflected
in the academic textbooks, are different form the primary division of law
generated by the Roman lawyers.
Ulp. 1 inst. (D. 1.1.1.2.): Huius studii duae sunt positiones, publicum
et privatum. Publicum ius est quod ad statum rei Romanae spectat, privatum quod
ad singulorum utilitatem: sunt enim quaedam publice utilia, quaedam privatim. Publicum ius in sacris, in sacerdotibus, in magistratibus constitit.
According to lawyer Ulpian (c. 170-223), learning and teaching of
law should include both private (civil), as well as public law. The basic
criterion is to separate the benefits (utilitas)
of individual from the state interest. This elaboration concerns the normative
regulations relating to the public interest.
Omitting, since the Middle Ages, the Roman public law in the
study program was justified by the lack of associations of Roman public law,
its rules and institutions with the contemporary organization of the state.
Undoubtedly, this is legitimate observation. However, the indication of the
similarities or perhaps differences in the organization of society and the
dogmatic structure of particular legal institutions can pave the way for the
new research on the functions of the institutions of the Roman state in relation
to public institutions existing contemporary. In Poland, the new subject - the
Roman public law was introduced in many universities on the administration
course.
2. – The imperium romanum idea in the Middle Ages
Siber[4]
noticed that the institutions and the solutions of the Roman public law, as
opposed to the institutions and rules of the Roman private law[5], after
the fall of the Western Roman Empire, only marginally have been assimilated
into the political and legal systems. To some extent, the terminology or
symbolism preserved, for example: successive rulers reigning on the former
Roman grounds claimed to be the successors of the Roman emperors. In 476, King
Odoacer considered himself a vassal of the Eastern Roman Emperor - Zeno, and
thus as a continuator of the Western Roman Empire.
In the Middle Ages, the references were made to the ideology of
the Roman Empire through a system of terminology used to describe the rulers.
The authority of the emperor was described as imperium, and himself as
an emperor. The states were called empires. Charlemagne (Charles the Great)
adopted the dignity of the Roman Emperor in 800. The similar situation was with
the German ruler – Otto I in 962. However, it was a continuation of the Roman
Empire on more ideological and formal than legal level. The concept of the Holy
Roman Empire was permanently hooked up with the German throne since the time of
reign of Otto I. However, such name of the country has never existed in the
German official documents. It needs to be said that also other, less important
an rulers, alluded to this idea, for example: in 1077, king Alfonso VI the
Valiant proclaimed himself as an emperor of Spain and it was in reference to
the idea of the Roman emperors.
3. –
The imperium romanum idea after the fall of the Byzantine Empire
After the fall of the Eastern Empire, also called the Byzantine
Empire (1453), as Ostrogorsky[6]
wrote, its spiritual and political tradition has survived. The religion, culture
and the concept of the Byzantine state significantly contributed to the
political and cultural life of the European nations, living on the former
grounds belonging to Byzantium or bordering with this Empire. The Byzantine
version of the Christian religion[7]
was the instrument of the identity and cultural autonomy for many of the Slavic
peoples and for the Greeks for centuries of Turkish occupation. The marriage of
Ivan III with Zoa, daughter of the last Byzantine emperor Thomas Palaeologus
was a symbol of the adoption of the Byzantine values by the Slavic nations. In
this way, Moscow became the Third Rome, after proper Rome and Constantinople.
Later, the Byzantine culture was evident in the architecture of the Orthodox
Church, especially in the icons, but also in the despotic way of governance by
the Tsars, the first secretaries of the Communist Party and finally by the
presidents of Russia.
4. –
The imperium romanum idea in modern times
The term Sacrum Romanum Imperium Nationis Germanicæ has
been legally sanctioned in 1512, and referred to the union of the Christian
territories in Central Europe, existing until 1806. Part of the union was the
Austrian State. In 1804, as a response to the announcement of the French Empire
by Napoleon, the Austria also became the empire, and this legal status lasted
even after the collapse of the union in 1806. However, the Austrian Empire did
not refer to the idea of the continuity of the Roman Empire, precisely because
of their actual dependence from the German Empire.
Napoleon Bonaparte, who in 1804 proclaimed himself as a emperor,
rejected the legitimacy of referring to Roman law and the symbolism of
imperium. Although, he was not consistent in this. He created his own system of
law (the Napoleon’s Code), but similar to Roman emperors proclaimed
constitutions. Despite the apparent unwillingness to Roman matters, Napoleon
willingly referred to the symbolism of Rome, which is reflected in the numerous
paintings and sculptures dedicated to him during his lifetime. Also, Bonaparte
III, who in the years 1853-1870 created the Second French Empire, referred to
the idea of empire.
5. – Return to the idea of Roman Empire imperium romanum
in the twentieth century
Return to the symbolism of the Roman Empire came with the twentieth-century
totalitarian systems. Both fascism and communism referred to the figure of the
dictator. The name of fascism comes from the Latin word fasces – it
means a bound bundle of wooden rods combined with an ax, carried in front of
the highest priests and other Roman magistratus by the lictors. The
number of lictors corresponded to the rank of official. The bound bundle of
wooden rods was a symbol of authority and the ax symbolized the power over
citizens’ life and death. The Nazis used a traditional Roman salute, which
involves pulling out the left hand and lifting it up. The words ave Caesar
were replaced by the phrase heil Hitler. Another symbol coming back from
ancient Rome, and used in later cultures, including the Nazis, was the swastika
– a broken cross.
6. –
The contemporary reference to the imperium romanum idea
Nowadays, many countries describes themselves as a republic - res
publica, it means that they refer to the republican ideology. At the same
time, these nations appeal to democratic values, which cause blurring of clear
boundaries between the two forms of political system. The mixing of elements of
the ideology of the Roman republic of Athenian democracy took place in the
European political doctrine. According to the Republican, nation is made of
full citizens and they are the subject of authority. The most important issues
of the state are decided by these citizens. However, on their behalf, decisions
are taken by the elected authorities who have a very strong position in the
political system, for example: the president of the United States. In the
typical democratic systems, the power is dispersed and decision-making system
is not entirely clear. Thus, in democratic countries, the system of controlling
and responsibility of government is functioning poorly.
Some similarities can be searched in modern institutions
functioning as Roman popular gatherings during which people expressed their
will. Currently, the will of the people is expressed through elections and
referendum institution unknown to the Romans. The remains of direct democracy
can be found even in article 36, paragraph. 1 of the Act of 8th September 1990
on the Local Government (Dz.U. 1990 Nr 16, poz. 95), where the legislature has
decided that the legislative body of the rural administrative unit is the
meeting of all people living in the village. All the inhabitants of villages
are entitled to adopt resolutions on matters relating to their community.
Meeting of citizens (Landsgemeinde) are also held in some of the Swiss
cantons, especially in small towns. Many elements of Roman electoral system can
be found in the contemporary organization of elections. Other more specific
issues will be indicated in the text.
7. –
The imperium romanum idea and the Catholic Church
The most institutions of the Roman system are preserved in the
Catholic Church. In canon 218, § 1 of the 1917 CIC, the Pope was determined, as
pontifex maximus[8],
which is a clear reference to the titulary of Roman emperors. Papal power was
defined as potestas in universam Ecclesiam per totum orbem (canon
218, § 1 of the 1917 CIC). In canon 230 of the 1917 CIC, the cardinals were
named as the highest officials, forming Pope’s senate (Cardinales Senatum
Romani Pontificis constituunt …). The cardinals make Consistory (consistorium),
which is a clear reference to the bodyguard council of Emperor (canon 231 § 1
of the 1917 CIC). The legal acts issued by the popes were determined as constitutiones
(for example: canon 1125 of the 1917 CIC). It was a reference to the
terminology and ideology of the principate, especially the dominate period and
it was the period of absolute power. In the Code of Canon Law of Pope John Paul
II of 1983, the earlier terminology was essentially abandoned, although in
canon 353, § 1 of the JPII CIC, the congregation of cardinals is defined as consistorium.
The papal authority is still termed as potestas (canon 333, § 1 of the
JPII CIC), and its range covers the entire humanity (canon 332, § 1 of the JPII
CIC)[9]-
8. – The history of the research on the Roman public law
The contemporary lack of greater interest in the Roman public law
by Roman experts is mainly due to the direction of research imposed by Mommsen,
which Roman political institutions pushed into the realm of distant history,
with no contemporary references[10]. He
focused on the study of Roman private law. Now, it is the mainstream of Roman
law research and all studies of Roman public law have secondary character. The
result of which was the fact that the Roman public law generally became a
subject of study of historians of antiquity, not the law historians.
Among the studies on the Roman public law, there are the works on
the history of Rome[11], the
Roman political system[12], the
authorities[13],
the emperors[14],
the municipium[15] and the
social problems[16].
The textbooks on the Roman public law[17] or
elaborations involving primarily issues of public Roman law combined with
elements of the Roman law system, including the private law[18] are a
separate group.
In the interwar period of XX century, the crisis of studies of
Roman law was emphasized by Koschaker[19] in his
written address to the German Law Academy in Berlin. On the one hand, this
German scholar noticed the crisis of Roman law science in Germany caused by
German nationalism and on the other hand, he urged to seek the possibility of
its solution. Koschaker appealed to the concept of europäische Kulturgefühl. The Roman law is, in fact, the part of
European legal culture. In this way, there was further tendency to see the
research on the Roman law only from the historical prospective. The next
necessary condition to seek a solution of the existing crisis was the
assumption that nationalism and Roman law are part of European culture. This
very risky and controversial thesis was concluded in the introduction to
Koschaker’s elaboration.
Koschaker, at particular points of his elaboration, presented the
importance of Roman law in European culture, starting with the glossators,
through the reception of Roman law in Germany and ending with the release of
the BGB. He also showed the influence of Roman law on European lawyers and
legal thought, especially in the German pandectists and the interpolation
trend. Koschaker’s deliberations concerned mainly on the relationship of history
and present times with the Roman private law. Only the first part refers to the
European reception of certain institutions of public law during the Middle Ages
in the Catholic Church. Therefore, we can talk about the cultural and political
Romidee. The term Romidee means primarily the concept of
the Roman Empire reign over the world. This concept functioned in the Middle
Ages and it meant to seek the Roman ideas in the concept of the city, the state
or the church[20].
Koschaker continued his thoughts in the post-war work entitled Europa
und das Römische Recht, published in Munich and Berlin in 1958. Europa
according to this Author is primarily a cultural phenomenon - a combination of
Germanic and classical schools of thought, where classical means the Roman culture
and Christianity. Europe received its contemporary political shape from
Charlemagne (Charles the Great). He, referring directly to the Roman tradition,
became the political representative of Western Europe. He created imperium christianum, which has been
shattered by the Reformation. The unity of European culture was continued for
centuries in the Latin liturgy of the Catholic Church. Thus, the clergy and
popes have become the representatives of Europe.
The studies on Roman public law can be found in other parts of
the world, including Turkey, Kazakhstan and Georgia. This phenomenon can be
explained by the fact that Europe cannot be seen as a geographical land only.
According to the ancient Greeks, there were three continents, Asia, Europe and
Libya, or North Africa. Greece was located in Europe, and according to their
point of view, it also included Thrace, the Bosphorus and Pontia in Asia Minor.
Herodotos in his work called the Histories
1.4 wrote that Asia and Persia is inhabited by barbaric peoples, while Europe
and everything what is under the influence of Hellenic culture is separated
from them just because of the developed culture, including political culture.
The cultural boundary of Europe has always been a problematic
matter. In the Middle Ages, there was a clear division of Europe into East and
West. Only the last part (West) was classified as proper Europe. While the
first one (East) was only a frontier, for example: the Balkans entered to the
political culture of Europe in the nineteenth century. It should not be also
forgotten that European culture was distributed in Asia and Africa through a
system of English or French colonies and in South America by Spain and Portugal
settlements. Also today, many elements of Roman culture, in the field of both
private and public law, could be found. Thus many Italian and Spanish Roman
researchers lecture on Roman law at the universities of Brazil, Venezuela, Peru
and Mexico.
9. –
The contemporary research on Roman public law
The analysis of scholarly works on the Roman state shows that the
studies have had essentially historical character. The Burdese’s textbook[21] is an
expression of historicism in the study of Roman public law in which there are
no references to contemporary solutions. The scheme of this work is typical for
the development of particular types of political structure of Rome. Similarly,
Tondo’s textbook[22]
should be evaluated and understood. It refers to the Roman constitution only
from the historical perspective with no contemporary references.
A lot of research on Roman public law was devoted by Torrent[23].
According to him, with the implementation of the BGB, the civil law was
separated into historical and dogmatic. The first one was led by Roman law
researchers, and the second became a subject of interest of civil law scholars.
Torrent believes that many researchers support the thesis of the continuation
of the Roman system solutions in the Middle Ages. Already in the twelfth
century, along with the glossator’s school, there was a clear emphasis of
research on private Roman law. The public law only marginally continues to be
employed. According to the Spanish Roman scholar, the attention should be paid
to the fact that at that time, there was a break of Europe into small kingdoms
and feudal principalities which did not want to be associated with the Roman
Empire. The studies on political institutions were carried out only to the
extent that was necessary to explain the development of institutions of civil
or process law, for example: the institution of Praetor was extremely important
for understanding of the development of Roman process itself and the system of
complaints.
Torrent, similarly to Koschaker, argues that the crisis of the
education of Roman public law is linked to the rise of totalitarian regimes in
the twentieth century. Fascism alluded to the symbols and gestures of Rome,
which raised aversion to the study of Roman law. The communist ideology, on the
other hand, fought against Roman law as a manifestation of bourgeois society.
10. – The research on Roman public law in Polish Romance studies
In the Polish Romance studies, Kunderewicz[24] was one
of the first Roman scholars dealing with the Roman public law. Currently, it is
an area of interest of several Polish Roman researchers concentrated in
academic centres of Warsaw, Olsztyn and Lublin[25]. The
most dynamic is the Lublin centre, organised around Kuryłowicz, who is an
author of numerous publications on the aediles curules, and publications
relating to the Roman criminal law. Currently, this trend of research was
undertaken by Dębińskiego from KUL (the Catholic University of
Lublin), who along with his colleagues published a textbook on the Roman public
law[26]. In
Warsaw, Zabłocki and his co-workers from UKSW (the
Cardinal Stefan Wyszyński University in Warsaw) deal with the Roman public
law. They are the authors of the textbook on the Roman public law[27].
Incidentally, Longchamps de Bérier[28] deals
with the Roman public law. In the Olsztyn centre organised around the author of
this introduction, in 2005, one of the two first scripts in Poland on the Roman
public law was published[29].
Exclusively, the Roman public law is a field of research of
Świętoń[30].
Currently, thanks to a grant from the Ministry of Science and Higher Education,
the textbook thoroughly worked and adapted to the requirements of students
majoring in administration was published. In Olsztyn, for the first time in
Poland, the academic subject of Roman public law was introduced to the students
of administration course.
11. – The future of the Roman public law
Writing textbook on the Roman public law must raise the
question of its practical usefulness, and consequently about the sense of
further research and conducting classes with the same name on several public
and private universities in Poland[31]. The answer to
this question is not simple, and depends primarily from the model of education.
It is assumed that for the academic field of law the basic education model is
aimed to acquaint the student with the system of law in the area of civil,
criminal, administrative and constitutional law. The legal-historical and
theoretical subjects are increasingly constrained in order to give more place
for positivist subjects. This trend raises the question about the shape of the
lawyer formation. During the European meeting of deans of law faculties in
Lublijana in February 2010, it was clearly stated that the academic field of
law should not only educate technicians and engineers of the law. The lawyers
have always been people of culture, hence Ulpian[32] said that Iuris prudentia divinarum est rerum atque
humanarum notitia, iusti iniusti scientia atque (the proficiency in law is
the knowledge about divine and human things and the knowledge of what is right
and wrong). Almost all deans postulated to retain in the curricula, the private
Roman law along the history of law and legal theory. This claim seems to be
very reasonable because of the orientation law students to practice as
advocates or judges, where private or civil law is mainly useful.
I the education system in Poland, similar to the French model, law faculties are also teaching in the field of administration. In the standards of training for administration, it is decided that the graduate has the ability to use knowledge in their work with the principles of ethics. The graduate is prepare to work as a functionary in different types of the public administration - both, in central and local governments - and to apply the law in non-public institutions. The graduates are prepared for self-improvement and to complement their knowledge and skills in terms of progress of integration processes in Europe[33]. This means that the model of courses in administration includes not only the professional knowledge necessary to practice as a public official, but also the ability to understand the mechanisms of administration during the past times. The subject called the history of administration covers only the period of the nineteenth and twentieth centuries. The development of the administration in the Middle Ages and in the ancient times is completely ignores. This education gap could be very well fill with the academic course of the Roman public law, which allows us to understand the development of the Roman state institutions and bureaucratic apparatus, the state which had the longest and uninterrupted existence in the history of humankind.
The appropriateness and rationality of Roman law study is
expressed by Giaro in one of his publications. According to this Author, the
micro-models of public law should be examined. The central concepts such as
state sovereignty, constitution, legality or legitimacy are still valid for
contemporary states. The Giaro’s sentence is worth to be quoted
here: « Non rimane quindi che la pura
soddisfazione cattedratica di poter istruire i cultori del diritto vigente sul
fatto che anche molta sapienza pubblicistica è antica»[34]. In this way, the new textbooks
are created not only in the area the latest developments of the study of Roman
private law[35],
but also there will be a new textbook, containing the latest research and
methods, in publicistic area.
12. – The methodological epistemology
One cannot speak about the continuity of contemporary public
institutions with those that have been developed within the state of Rome.
However, there are similarities and differences or similarities in the
differences due to the variety of solutions and institutions dealing with
similar problems. The similarities of problems stems from the repeatability of
many elements of the society organizations, according to the order, which is
suggests by a practical reason. Baroni[36] notes
that the contemporary publicism, and even research in the era of globalization,
accidentally chooses a reference to the elements of the political order of the
Roman Empire. He uses even the concept of uncontrolled referring to the
experience of ancient Rome (uso
incontrollato). Therefore, incidental method, based on similarities (per somiglianza) or existing differences
(per differentiam), matching
institutions and concepts is used. Baroni suggests that contemporary
experience, especially democracy, may be helpful to look again at the ancient
institutions of the Roman Republic.
It is reasonable to continue research on the political system of
the state of Rome, the mechanisms of its functioning as well as on its
individual elements and institutions associated with them. This new look on
Roman public law, however, must be made using the modern terminology and the
understanding of political institutions. It is also appropriate to demonstrate
to students these similarities and differences, based not only on Aristotle's
philosophical message about the essence of being and its purpose, but also in
conjunction with the functionality of the individual solutions to specific
problems.
The current discourse suggests that the studies of Roman public
law are mainly conducted from the historical perspective, without reference to
contemporary political issues. As an example of this is the elaboration of De
Martino, dedicated to the history of the Roman constitution[37], or the
work written by Rainer[38].
Naturally, one cannot talk about a simple translation or influence of the Roman
public law institutions on today's political structure problems and their
solutions.
Lobrano[39] noted
that many European constitutions refer to democracy, as to one of the core
values. However, in some of them, the freedom which lies at the root of
liberalism is mentioned in the first place. According to this Author,
liberalism is not a government of the people, but a set of rights and interests
of individuals. Therefore, the issue of relationships between individuals and
individual to collective become very important. The interest of group and
consequently universalistic thinking is disappearing from the scholars’ scope
of interest. A system of universal, or in other words, global values, such as
self-esteem and respect for others in the same time, social responsibility and
the need of belonging, are seen only in the optics of individual interests or
interest of social minorities.
How should the research in the study of Roman public law be
conducted? The answer to this question not only provides the justification to
go beyond the sphere of research on Roman private law, but also may indicate the
usefulness of some Roman solutions to seek better answer to the contemporary
problems of structure of state.
The research on Roman public law should be carried out with
variety of methods. The most important seems to be the functional method or
whether it should be said in the plural, functional methods, developed in the
end of nineteenth century in the area of social sciences, especially sociology.
Without too much going into in the details of methodological epistemology, it
must be assumed that the study of ancient times, especially on the state
institutions, should not lead to build a new and better political system. It
would be enough sufficient to capture the similar and different problems and
the ways of solving those issues[40]. The
choice of problems and, consequently, the choice of institution are not
accidental. The authors were guided by the criterion of validity and utility of
ancient problems in relation to contemporary society organisations.
In the view of these methodological assumptions the question is
raised of whether the Roman Constitution is a part of European culture of
constitutional or systemic law? The question is difficult and there is not one
and clear answer to this question. It certainly cannot be proved that there are
direct links of the contemporary political solutions with Roman, considering
the fact that in ancient Rome, there were as many as four different political
systems.
13. – The conclusions
The Roman law is currently associated with the legal studies. In
Poland, Italy, Spain, first-year students learn the history and institutions of
Roman law. During the lectures, the regulations of privet law are presented,
and the rules and institutions of the Roman public law are almost completely
ignored.
Désintéressant for the Roman public
law was largely due to a medieval need for legally-privet regulations for the
purposes of developing the commerce and the trade. The development of research
in this area was stimulated by the fact of finding the Digest manuscript in
Pisa. The University of Bologna with Accursius was a leading centre in this area. The
abandonment of research on Roman public law, however, does not mean a break
with the symbolism and terminology of Rome. In particular, the German emperors
willing alluded to the idea of the Sacrum Romanum Imperium. Also in the
Catholic Church, many references to the institutions and symbols of ancient
Rome may be found.
The research on the Roman public law has been completely abandoned
in the modern era. Siber strongly rejected the relationship between the
contemporary and he Roman political institutions. While, the Roman research
done by Mommsen was conducted from the historical perspective. As a consequence
of this, the Constitution of the Roman Empire has become the area of interest
of the ancient times historians. In practice, however, in the nineteenth and
twentieth centuries, the system of absolute power and fascism willingly
referred to the terminology, gestures, or symbols of Rome.
The beginning of slow revival of the research on Roman public law
In Poland can be noticed in Spain and Italy. The reflections made in this paper
are selected by the Romidee line; it
means that this is a search of contemporary political, cultural and religious
roots in the Roman culture. One can talk about far-reaching similarities of
some modern solutions and political institutions with those that have been
known and used in ancient Rome. These similarities must be sought primarily in
the nature of human being to the organization of social life by similar
mechanisms, regardless of prior awareness of their existence. However, the
existing differences cannot be forgotten.
Abstract
Contemporary, the Roman law is associated with the law studies.
In Poland, Italy, Spain, the first-year students learn about the history and
the institutions of the Roman public law. The current désintéressant for the
Roman public law was largely caused by a medieval demand for privet law
regulations for the purposes of developing commerce and trade. The development
of research in this area was stimulated by finding the Digest manuscript in
Pisa. The leading centre for the development of Roman law was the University of
Bologna, with Accursius at the forefront. The abandonment of research on Roman
public law, however, does not mean resignation from the Roman symbolism and
terminology. In particular, the German emperors willing alluded to the idea of
the Sacrum Romanum Imperium. Many
references to the institutions and symbols of ancient Rome can be found in the
Catholic Church. In the modern era, the studies on the Roman public law have
been completely abandoned. Siber definitely rejected the relationship between
contemporary and Roman political institutions. In addition, Mommsen’s research
was conducted from a strong historical prospective. As a consequence, the
Constitution of the Roman Empire became mainly the subject of research done by
historians of antiquity. In practice, however, in the nineteenth and twentieth
centuries, the system of absolute authority and the fascism willingly referred
to the terminology, gestures, or symbols of Rome. In Poland, Spain and Italy
began a slow revival of the study of Roman public law. The considerations made
in this study are selected according to Romidee
line. It means that this paper is a search for contemporary political, cultural
and religious roots in the Roman culture. One can talk about far-reaching
similarity of some modern solutions and political institutions with those that
have been known and used in ancient Rome. These similarities should be
primarily sought in the nature of human being to the organization of social
life according to the similar mechanisms, regardless of prior awareness of
their existence. We cannot forget about the existing differences.
Key words: Roman law, constitutional law, electoral law, culture,
education, law study.