This study offers a comprehensive analysis of utilitas, a central concept in Roman law, and its pivotal role in shaping legal interpretation. Moving beyond its traditional view as a merely pragmatic tool, utilitas is shown to guide legal outcomes that not only address practical needs but also align with broader ethical values of righteousness and justice. It argues that a complete understanding of utilitas in legal reasoning – both in meaning and function – can only be achieved by synthesizing jurisprudential, philosophical, and rhetorical perspectives. Through this interdisciplinary lens the book demonstrates that decisions made utilitatis causa, exceptional in their departure from established legal rules, can only be fully understood through the lens of rhetorical theory of legal interpretation, offering a framework that transcends the limitations of literal interpretation.

Instead of analyzing political, legal, economic, or demographic matters, this research takes a grounded approach, exploring the daily lives and cultural interconnections of the Romano-Barbarian world. It seeks to understand how the dual identity of the Roman Empire—both Roman and "Barbarian"—shaped the experiences of its citizens. A fascinating example is the poet Marcus Valerius Martialis, a Roman citizen of Celtic and Iberian ancestry, who embodies this cultural fusion. His works provide a unique lens into the interweaving of Roman and Barbarian elements, offering new perspectives on identity in the ancient world. 

The aim of this article is to explore how the Roman epigrammatist Marcus Valerius Martialis masterfully intertwined themes of verbal violence, sexuality, and law in his works, creating a captivating blend of sophisticated legal humor and crude jokes. Revealing the metaphorical legal dimensions of his satirical epigrams provides a unique insight into Roman (legal) culture. 

The story of Papirius Praetextatus and his mother, as recounted by Aulus Gellius, is often interpreted as a humorous anecdote. This article offers a fresh perspective on the passage by considering the presence of strong female role models and the historical context in which, during the Regal Period and early Republic, men commonly had more than one life companion beyond their legitimate wives (paellices). The article argues that the women’s actions should not be seen as impulsive or unwise, but rather as deliberate and rational political demonstrations. 

Martial’s Epigram X, 18, dedicated to his patron Macer, references the latter’s involvement in roadworks on the Appian Way. This has traditionally led to the assumption that Macer served as the road’s curator. The article, however, argues that the significant emphasis Martial places on fiscal terminology and the crucial role of land surveyors suggests a project far exceeding the scope of routine maintenance. Considering that the events took place in 95 AD, it is plausible that Martial wrote the epigram to commemorate the expansion of the Via Appia, specifically the construction of the Via Domitiana. If so, Macer would not have held the title curator viae Appiae but rather curator viae novae faciendae. 

Łacina znika z polskich szkół, a skutki tego zaczynają być widoczne także na uniwersytetach. Artykuł przygląda się coraz częstszej wśród polskich romanistów-prawników praktyce dołączania do prac naukowych przekładów rzymskich źródeł prawnych. Z jednej strony wydaje się to coraz bardziej potrzebne — nawet wyspecjalizowani czytelnicy nie zawsze poradzą sobie dziś z oryginałem. Z drugiej jednak budzi pytania o przyszłość dyscypliny: znajomość łaciny wciąż należy przecież do podstaw warsztatu romanisty. Jeśli przyzwyczaimy się do pracy na przekładach, kolejne pokolenia badaczy mogą stracić zdolność samodzielnej interpretacji źródeł — a na tym ucierpi jakość całej nauki prawa rzymskiego.

In the 14th-century treatise Ars cantus mensurabilis mensurata per modos iuris, the principles of mensural music are explained through references to ius commune. This article traces their Roman roots and demonstrates that, surprisingly, music too is sometimes governed by Roman law, highlighting the far-reaching influence of legal principles in unexpected domains. 

This research examines the Roman legal rule that individuals who entered into a marriage deemed impermissible under ius civile could not inherit from one another. The article argues that, although such spouses were referred to as indigni (unworthy), the sources do not reflect a formal indignitas, that is unworthiness to inherit, but rather an institution closely related to it. By combining formal-dogmatic and historical-legal methods with philological source analysis, the study concludes that in classical Roman law, indignitas was not imposed on those contracting an impermissible marriage. Instead, jurists developed a corresponding concept, quasi indignitas, which extended beyond inheritance law: both the inheritance under a spouse’s will and mutual settlements before marriage were forfeited to the state. It was only explicitly recognized as indignitas in the post-classical period. 

The Epigram XII, 52, written by Marcus Valerius Martialis, describes the story of Sempronia—a woman who was either abducted or seduced but later returned to her lawful husband. The poet, by repeating terminology associated with violence (raptus, rapina, raptor, rapta), emphasizes the role of force (vis) in the situation. This may suggest that the poem was crafted as a defense of Sempronia, with Martial attempting to convince the public that she had been coerced into leaving her husband. The primary aim of this paper is to evaluate how effective and credible this defense might have been to an ancient audience. Additionally, exploring the interplay between poetry, law, and rhetoric will reveal whether Martial was familiar with Roman law and sought to employ it intentionally, or if he simply found the similar-sounding legal terms linguistically appealing, regardless of their precise meanings. 

The problem in the 5th controversia from Lucius Annaeus Seneca the Elder’s Oratorum et rhetorum sententiae divisiones colores is framed as follows: a man seduced two women in the same night. According to lex raptarum, a woman who was abducted could choose between having the ravisher executed or marrying him without providing a dowry. In this case, both women were granted the right to choose; one demanded the man’s death, while the other chose to marry him. The declaimers debated which solution was more justifiable. Since the main issue in the controversia revolves around the interpretation of law, it posed a significant intellectual challenge. The declaimers employed sophisticated legal reasoning techniques to navigate the problem. This controversia thus serves not only as a fascinating starting point for research at the intersection of law and declamation, but also as an example of how law and rhetoric, in some cases, might complement each other. 

The right of postliminium was granted to Roman citizens captured by enemies if they met two general requirements: they had to return to their own country and express the intention to remain there (animus remanendi). However, the cases of consul Gaius Hostilius Mancinus and the Roman citizens captured by Hannibal (Gell., NA 6.18) show that fulfilling both criteria was not always enough to benefit from this right. It appears that captives also had to meet additional moral expectations. On the other hand, the case of Marcus Atilius Regulus reveals that these requirements were not uniform for all citizens. This suggests that each case was evaluated individually. Therefore, social acceptance was a key factor in determining whether the ius postliminii was granted. 

This article presents the first Polish edition of the Fragmentum Dositheanum de Manumissionibus, a 2nd/3rd-century AD Greek/Latin legal source based on a lost juristic work on manumission. The edition includes the source text, its Polish translation, and a historical and legal commentary on the seventeen surviving paragraphs, which cover topics ranging from fundamental issues such as the division of law and forms of manumission to more complex legal institutions like servus sine domino, iteration (second manumission), and ancient controversies concerning the effectiveness of manumissio censu. The publication offers insights into the practical aspects of Roman manumission law and its evolution during the Principate – from a simple three-form system to the more complex reality of Junian Latinity and informal manumission.

The Epitome Gai is a Western Roman adaptation of Gaius' classical Institutes, composed around the 5th century CE as part of the Breviary of Alaric (Lex Romana Visigothorum). While it maintains the basic structure of Gaius' work, it presents a condensed and updated version of Roman private law, particularly tailored for practical use in post-classical legal education and practice. The text was widely used in legal education before the rediscovery of Gaius' original Institutes.

This translation of the Epitome Gai aims to serve as a helpful resource for Polish readers and a broader audience. It is based primarily on Haenel's Latin text, with textual variants from FIRA noted in the footnotes. Corresponding sections of Gaius' Institutes are cited for deeper comparative reading.

Together with Przemysław Kubiak, I worked on translating Book 9 of the Justinian Code, which deals with criminal law. 

The first chapter of the "Consultatio veteris cuiusdam iurisconsulti" deals with a compelling legal case from late Roman times where a woman was pressured by her husband to sign a property division agreement with her brother. Two key legal issues are addressed: first, the woman signed without knowing the contents of the agreement, and second, she acted under duress from her husband. The anonymous legal expert systematically analyzes these issues, citing various imperial constitutions to support his conclusion that such an agreement is invalid under Roman law.

The key principle emphasized throughout the text is that legal agreements must be made with free will (voluntas) and clear judgment (liberum arbitrium). The expert explains that any agreement made under threat or pressure is automatically void, representing a significant development from earlier Roman law where such agreements were valid but could be challenged through praetorian remedies. This case provides fascinating insight into both family relations and legal protections in late Roman society, particularly regarding women's legal rights and the evolution of contract law.

The article presents a translation and analysis of Chapter II of the Consultatio veteris cuiusdam iurisconsulti. This chapter addresses the legal validity of property division carried out by a husband without his wife's knowledge. The text examines a specific case where a husband divided a property (castellum) including its house and adjacent buildings without his wife's consent and in an inequitable manner. The anonymous jurist argues that such division is invalid not only due to the lack of the wife's knowledge and mandate but also because of its unfair nature. The chapter includes two imperial rescripts from the Gregorian Code that support this position, highlighting the role of judicial intervention in correcting unfair property divisions and protecting the interests of affected parties. The text demonstrates both practical legal reasoning and classical rhetorical elements, suggesting its potential educational purpose in late Roman legal training.

This paper presents a translation and analysis of Chapter III of the Consultatio veteris cuiusdam iurisconsulti. The chapter examines the procedural requirements for court representation, specifically focusing on the case of a husband acting as his wife's legal representative (procurator) in litigation. The text discusses the crucial requirement of satisdatio rem ratam dominum habiturum - a guarantee that the principal will ratify the agent's actions.

The commentary pays particular attention to the anonymous jurist's use of technical legal terminology, especially regarding the terms satisdator and satisdatio, and examines the chapter's dynamic rhetorical style marked by direct addresses to the reader and emphatic questions. The analysis reveals how the text combines practical legal advice with elements of classical rhetoric.

This article presents a Polish translation and detailed analysis of Chapter IV of the "Consultatio veteris cuiusdam iurisconsulti". The chapter focuses on limitations of contractual freedom in Roman law, specifically examining when agreements between parties were considered invalid or unenforceable. The text opens with a question about agreements that violate either laws or reason (ratio), followed by various legal restrictions on contracts drawn from the Sentences of Paulus and imperial constitutions of Diocletian and Maximian from the Hermogenian Code. Key topics discussed include: the prohibition of agreements contrary to public law, restrictions on settlements concerning criminal matters, invalidity of agreements made after a final judgment (post rem iudicatam), and contracts violating good customs (contra bonos mores).

This article presents a Polish translation and detailed commentary of Chapter V of the "Consultatio veteris cuiusdam iurisconsulti". The chapter focuses on the issue of excessive claims (pluris petitio) in Roman legal proceedings.

The text begins with a discussion of procedural requirements for filing claims, emphasizing the importance of proving legal standing and precisely defining the object of the claim. It then explores various ways in which excessive claims could occur: in terms of place (locus), time (tempus), value (summa), and quality (qualitas). The chapter incorporates excerpts from Paul's Sentences and two imperial constitutions from the Hermogenian Code to illustrate these concepts.

The commentary analyzes the evolution of pluris petitio from classical Roman law through the post-classical period, noting how the categories of excessive claims expanded and changed over time. The text's invocation to God at the beginning suggests it may have been addressed to a bishop acting as judge in episcopal courts (episcopalis audientia).

This article offers a Polish translation and detailed commentary on Chapter VI of Consultatio veteris cuiusdam iurisconsulti. The chapter focuses on the procedural and substantive aspects of inheritance law, particularly the petitio hereditatis. It addresses key formal requirements, such as the necessity for the claimant to demonstrate legal standing (personam habere legitimam), specify the type of action (genus actionis), and ensure compliance with procedural deadlines, including responses by opposing parties. The legal reasoning emphasizes the burden of proof on claimants to establish entitlement either through testamentary or intestate succession.

The text also explores the role and validation of written documents in property disputes. It also analyzes the conditions under which a donation can be deemed valid, including the requirement to list all donated items explicitly and ensure the donor's legal authority over the property at the time of the donation. The commentary further examines the implications of litis contestatio and the legal ramifications of the donor's or donee's death in the context of inheritance claims.