Browse

We consider many of the punishments from the antiquity as brutal and shocking, as we often forget that the humanist principle (humanitas) is relatively new in the history of mankind. There are 34 crimes that the Code of Hammurabi punishes with the death penalty, however death penalty is still in effect today, in some countries. Roman law has experienced a great variety of punishments such as: unequal combat versus a skilled warrior; scourging, poena cullei (the “sack punishment”); exile; branding on the forehe...

The foremost role that a legal norm has, is the protection of a social value considered important, at a specific point in the history of a community. Rules of law and even principles of law are not generally considered as immutable, as the factors that determine them are changing over time. Considering the rule of law as being sacred, unchangeable, would definitely be a mistake. At the same time, changing the rules of law too often would create instability, legal uncertainty. Recently in Romania, for example, majo...