DOI: 10.47743/jss-2025-71-4-21

Faculty of Law, "Alexandru Ioan Cuza" University of Iași.

Abstract: Considered one of the four “luminaries” of Weimar, Friedrich von Schiller (1759– 1805) profoundly shaped the German literary scene through his lyric and dramatic works, in which, beyond the stylistic mastery that established his reputation, one can also discern ideas reflecting the upheavals of his time—upheavals that heralded the dawn of a new era marked by the assertion of the national spirit and the consecration of the values of modern democracy. The present paper offers an analysis of the poem The Pledge (Die Bürgschaft), published in 1798 a year often referred to as “the Year of the Ballads” due to the form and subject matter of the texts that Schiller (and others) authored during this period. The first part of the paper explores the myth of the tyrant, highlighting the radical transformation undergone by the character Dionysius, the ruler of the city, who is introduced in the opening as a merciless and fearsome despot. His evolution mirrors, on the level of historical reality, the struggle against tyranny that swept across Europe throughout the nineteenth century—a struggle which, by bringing about the downfall of monarchical absolutism, laid the foundations for the emergence of democratic regimes faithful to the values of the rule of law, embodied in constitutional mechanisms for the distribution of state power and the legal guarantee of fundamental rights for every citizen. The second part examines the relationship between the protagonists, Moros and Selinuntius, which conveys an exceptional form of loyalty and trust, as Selinuntius accepts the risk of losing his life for his friend. Moros is sentenced to death for organising a plot to assassinate the city’s ruler. He accepts his fate but requests a postponement of the execution in order to attend his sister’s wedding. Granted a three-day reprieve, Moros must provide a surety in return, and his friend Selinuntius volunteers to stand as guarantor („fideiussor”), agreeing to bear the consequences of the sentence in his friend’s stead.

Keywords: suretyship; tyrannicide; fundamental rights; non-law; legal liability.

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https://www.bpb.de/shop/zeitschriften/apuz/29202/ein-weltbuerger-der-keinem-fuerstendient/. Accesat la 5.04.2024.