The legal regulation of gambling phenomenon in Roman law

Abstract

The present article focuses on the results of the authors’ research conducted on primary sources of Roman law, with the aim to examine and evaluate the legal framework of the gambling phenomenon. This article discusses the historical and legal aspects of gambling regulation, relevant regulatory mechanisms, the attitude towards gambling organisers and supporters, penal policies against those who force others to play, certain exceptions from general principles governing the gambling regime, the status of individuals with particular legal standing—such as persons under paternal authority, slaves and clients engaged in a client–patron relationship, as well as the mechanisms for public oversight of the gambling regime. The authors have conducted the research and analysis of the information contained in the socalled Justinian’s codifications, also known as ‘Corpus Iuris Civilis’, specifically the ‘Codex Iustinianus’ (Code of Justinian, 534 AD) and ‘Digesta seu Pandectae’ (Digest or Pandects, 533 AD). The research employs the inductive, deductive and comparative methods. Keywords: gambling regulation; Roman law.