Roman law traditions in criminal court decisions

Abstract

The article analyzes the use of Roman law in judicial decisions in criminal cases. While the influence of Roman law on private law is widely acknowledged, its significance for modern criminal law tends to be underestimated. Based on 24 rulings by the Polish Supreme Court and appellate courts that directly reference Roman law, the author classifies these references according to their function: dogmatic, interpretative, legitimizing, and mixed. Although Roman law sometimes enriches judicial reasoning, its role is often limited to illustrative purposes. Nonetheless, Roman legal concepts can provide a valuable framework for contemporary legal interpretation. The article concludes with a call for more frequent and deliberate engagement with Roman jurisprudence as a means of enhancing the rationality and cultural depth of legal argumentation.