Prevention of the Abuse of the Right to Court: Roman <i>Sacramentum</i> and Contemporary Slapps

Abstract This article e xamines the issue of preventing the abuse of the right to a court. The author highlights that the phenomenon of abusing this right and the measures to prevent it have accompanied the development of law and legal regulations since ancient times. The article explores the abuse of the right to a court in relation to the Roman sacramentum and discusses the essence of contemporary SLAPPs (Strategic Lawsuits Against Public Participation) along with methods of counteracting them. Sacramentum was a procedural law institution with deep roots in the religious tradition of ancient Rome and significant symbolic meaning, whereas SLAPPs represent a modern, undesirable phenomenon linked to procedural and financial aspects of the legal system. The article also examines the relationships, similarities, and differences between the ancient Roman sacramentum and modern SLAPPs and attempts to answer the question whether an equivalent of the Roman sacramentum could effectively curb contemporary SLAPPs.

Authors

Institutions

Publication Details

Journal
Ius Novum
Published
2025-03-01
DOI
https://doi.org/10.2478/in-2025-0002
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Prevention of the Abuse of the Right to Court: Roman Sacramentum and Contemporary Slapps

Sławomir Kursa
Ius Novum
Judicial and Constitutional Studies
article

Prevention of the Abuse of the Right to Court: Roman Sacramentum and Contemporary Slapps

Sławomir Kursa
article en

Abstract

Abstract This article e xamines the issue of preventing the abuse of the right to a court. The author highlights that the phenomenon of abusing this right and the measures to prevent it have accompanied the development of law and legal regulations since ancient times. The article explores the abuse of the right to a court in relation to the Roman sacramentum and discusses the essence of contemporary SLAPPs (Strategic Lawsuits Against Public Participation) along with methods of counteracting them. Sacramentum was a procedural law institution with deep roots in the religious tradition of ancient Rome and significant symbolic meaning, whereas SLAPPs represent a modern, undesirable phenomenon linked to procedural and financial aspects of the legal system. The article also examines the relationships, similarities, and differences between the ancient Roman sacramentum and modern SLAPPs and attempts to answer the question whether an equivalent of the Roman sacramentum could effectively curb contemporary SLAPPs.

Ius NovumVol. 19(1)
Uniwersytet SWPS (PL)
Openalex Percentile: Top 85%
Judicial and Constitutional Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Prevention of the Abuse of the Right to Court: Roman <i>Sacramentum</i> and Contemporary Slapps — Sławomir Kursa · Ius Novum (2025) | TGRS Research Map | TGRS