Generolo Jono Žemaičio Lietuvos karo akademija

Stability and functioning of entrepreneurial environment in accordance with the principles of lawfulness is regarded as an essential prerequisite for sustainable development of a country operating under the market economy conditions. Allowed use of illegal duress, including violence, against entrepreneurs directly and unequivocally poses a threat to sustainable existence of society and country. For instance, the so-called Reiderstvo or asset-grabbing is regarded as one of the numerous risks in entrepreneurship which makes investing into the Russian economy less attractive than it should objectively be. In the same way, violent and intimidating actions may seriously endanger stability and sustainability of entrepreneurial environment. The abovementioned is recognised by the laws of the Republic of Latvia which respectively criminalise a range of wrongful acts in which force and fear or violence and different types of threatening are mentioned as one of the essential elements of offence. The same way, the Civil Law of Latvia points to unacceptability of unlawful application of force in legal transactions. Therefore, the contemporary legal norm maker, enforcer and defender needs in-depth understanding of the essence of the concept of force and fear and logical interrelations thereof. Since the origins of the idea of the legal framework of force and fear, just like of many other contemporary legal thought phenomena, go back to Roman law, understanding of the legal concept of force and fear is impossible without a thorough study of primary sources of Roman law. This research was developed guided by the abovementioned reasons. Under this research, the legal essence of force (vis – Latin) and fear (metus – Latin) was identified, the signs characteristic of them and criteria qualifying them were analysed. The mechanism of sanctions provided for in relation to unlawful use of force and fear was studied. The methodology for identifying the person liable for force and fear, i.e. the defendant, was reviewed. Procedural mechanisms and conditions for settlement of disputes were studied.

The long-term existence of the civilization of Ancient Rome within the framework of one national formation should be acknowledged as a unique example of national sustainability. Such sustainability was also ensured by the successful economic growth, the elements of social policy implemented by state authority etc. However, the particular emphasis should be placed on the role of very effective Roman legal system – it is the legal institutes developed within the framework of this system should be acknowledged as one of the most essential factors ensuring the sustainable development of Ancient Rome and public security. Roman “infamy” (infamia – Latin) is an example of such very important legal institute. Infamy (infamia – Latin) was applied in the situations when a Roman not only broke the law thus facing the criminal or civil liability, but also came into the collision with the society’s ethical views on what is good and what is particularly undesirable thus taking a risk to lose the reputation and to have specific restrictions regarding rights. According to the information found in the primary sources of Roman law, the shield of infamy (infamia – Latin) protected a wide range of issues significant for the society (the state military defence, morality, family values, the interests of national economic circulation, an individual’s life, health, economic interests, the right for the just trial and just settlement of individual and property disputes) thus serving as a driving force for the sustainable development of the state and society of Ancient Rome and public security.