Gratian’s teaching on witnesses

Krzysztof Burczak

The John Paul II Catholic University of Lublin , Poland
https://orcid.org/0000-0002-9829-6852


Abstract

The research subject of this paper focuses on Gratian’s Decretum in respect of witnesses institution in both criminal and civil cases. The aim of the conducted analyses of Gratian’s legal texts and his dicta was to confirm the hypothesis on the institution of witnesses. The Decretum includes both texts of canon law and Roman Law since canon law has used complementarily principles of Roman Law in several aspects of procedural law, including the rules on witnesses. In the process of analysis of the legal texts several research methods were used: historical and legal, along with a dogmatic and legal method. As the result the hypothesis was confirmed that the institution of witnesses in both canon law and in the norms of Roman Law present in Gratian’s Decretum generally sets the same requirements for witnesses in both systems, except for the elements that differentiate canon law procedure. In addition, canon law proceedings never allowed the evidence to be introduced by trial by ordeal: neither ordeal by hot water nor by hot iron. Gratian in the Decretum has included the achievements of Roman and canonical jurisprudence up to the 12th century. His teachings on witnesses reflect the concern of the Roman and church judiciary to observe a lawful trial procedure, find the truth about the incident and issue a fair verdict. His views on witnesses, apart from obvious outdated standards, are still valid today.

Keywords:

witness, trial, oath



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Published
2022-03-24


Burczak, K. (2022). Nauka Gracjana o świadkach. Studia Prawnicze KUL, (1), 91–110. https://doi.org/10.31743/sp.13022

Krzysztof Burczak 
The John Paul II Catholic University of Lublin https://orcid.org/0000-0002-9829-6852



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