A History of Russian Law
treaties russkaia novgorod introduction introduction expanded succession government general contents legal criminal department sources individual princely charters church procedure historiography centuries monasteries ownership principality organization
a history of russian law, from ancient times to the council code (ulozhenie) of tsar aleksei mikhailovich of 1649, coll. law in eastern europe, 1024 pages ...
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Coll. Law in Eastern Europe, 1024 pages

Présentation de l'éditeur

The beginnings of Russian law are documented by the Russo-Byzantine treaties of the 10th century and the oldest Russian law, the Russkaia Pravda. The tempestuous developments of the following centuries (the incessant wars among the princes, the Mongol invasion, the rise of the Novgorod republic) all left their marks on the legal system until the princes of Muscovy succeeded in reuniting the country. This resulted in the creation of major legislative monuments, such as the Codes of Ivan the Great of 1497 and of Ivan the Terrible of 1550. After the Time of Troubles the Council Code of the second Romanov Tsar, Aleksei, of 1649 became the starting point for the comprehensive Russian codification of the 19th century.

Sommaire

Part 1: The Middle Ages (until 1497)

1 General Introduction

The Purpose of This Work

Periodization

The Definition of Law

The Organization of This Work

General History and History of Law

Medieval Law

An Outline of the ‘Constitutional’ History of Russia During the Era of the Independent Principalities

State and Law During the Era of the Independent Principalities Section 1: Sources

2 Sources

The Concept of Sources

Chronicles

Kormchie

The Merilo Pravednoe

The Knigi Zakonnye

Archives

Foreign Sources for the Prehistory of Russian Law

Publication of Texts, Literature, Bibliography

3 The Treaties with Byzantium: The Zakon Russkii

The Treaties with Byzantium

The Treaty of 907

The Treaty of 911

The Treaty of 944

The Treaty of 971

The Zakon Russkii

4 The Russkaia Pravda or Russian Law

History of the Study of the Russkaia Pravda

The Different Versions of the Russkaia Pravda

The Division of the Russkaia Pravda into Articles

The Short Pravda: Introduction

The Short Pravda: The Pravda of Iaroslav

The Sources of Iaroslav’s Pravda

The Pravda of Iaroslav’s Sons

The Final Compilation of the Short Pravda

5 The Russkaia Pravda : The Expanded Pravda

The Expanded Pravda: Introduction

The Codicology of the Expanded Pravda

The Composition of the Expanded Pravda

The Relationship Between the Short Pravda and the Expanded Pravda

The Statute of Vladimir Vsevolodovich Monomakh

The Final Compilation of the Expanded Pravda

Foreign Sources for the Russkaia Pravda ?

The Abridged Version of the Russkaia Pravda

6 Princely Statutes

Introduction

The Church Statute of St. Vladimir

The Church Statute of Iaroslav the Wise

The Statute of Vsevolod on Church Courts and People and on Trade Measures

The Testament of Vsevolod Mstislavich ( Rukopisanie )

The Statute of Sviatoslav Ol’govich of 1137

The Smolensk Charters of Rostislav Mstislavich and Bishop Manuil

The Church Statute of Lev Danilovich of Galicia of 1301

Church-State Relations in 14th and 15th Centuries Texts

7 Treaties

General

Treaties: Internal Russian Treaties

Treaties with Foreign Powers

Selected Examples and Special Categories

The Treaty of 1229 between Mstislav Davydovich of Smolensk and Riga and the Gothic Coast

The Treaty between the ‘Unknown Prince’ of Smolensk and Riga and the Gothic Coast

The 1269 Treaty between Novgorod and the Hanseatic League

The Novgorod-Tver’ Treaties

The Peace Treaty of 1318 between Moscow and Novgorod and Tver’

8 Town and Provincial Charters

The Charter of Dvina Land

The Court Charter of Pskov

The Charter of Novgorod

Iaroslav’s Law on Bridges

The Charters of Belo Ozero

The Metropolitan’s Justice

9 The Code ( Sudebnik ) of Ivan of 1497

The Homicide Law of Vasilii the Blind

The Code of Ivan : Introduction and Historiography

The Numbering of the Articles of the Code

The Contents of the Code

General Historical Background and Character of the Code

The Sources for the Code of 1497

Legal Significance of the Code of 1497

10 Foreign Laws

The Impact of Byzantine Law

The Court Law for the People ( Zakon Sudnyi liudem )

The Skra of Novgorod

The Iasa of Chingis-Khan and the Impact of Mongol-Tatar Rule on Russian Law

The Legal Environment of Medieval Russian Law

Rurikid Marriages as an Indication of Political and Cultural Contacts

11 Non-Legislative (Non-Normative) Legal Sources: Gramoty

Introduction

Sources and Historiography before 1917

Sources and Historiography after 1917

Classification of Documents

Alphabetical Dictionary of Gramoty

Documents and Collections Other Than Gramoty

Pistsóvye and razriadnye knigi

Novgorod Birch-Bark Documents

The Iarlyki of the Tatar Khans

Section 2: The Law

12 Setting the Stage: Territory and Tribes in Early Kievan Russia

The Physical Stage of Early Russian History

The Eastern Slav Tribes in the 10th Century

Russia’s Multi-Ethnic Past in Ancient Times

The Emergence and First Expansion of the Early Russian State

The Dynasty of Rurik

The Socio-Economic Nature of Kievan Russia: The Feudalism Debate

The Viking Question

Tribute and Inter-Tribal Relationships in Early Kievan Russia

Territory: A Postscript

13 The Prince in Medieval Russia

Introduction

Relations between Princes: Succession and Treaties – Introductory Observations

The Viking Origins of the House of Rurik

The Succession History According to the Primary Chronicle – A Brief Survey

The General Principles of Princely Succession

The Grand Princely Dignity

Relations between Princes: Wills and Treaties

Princely Rule: Succession, Popular Assent, Mongol-Tatar Validation

The Office and Function of the Prince

The Prince’s Court and Officials in Kievan Times

14 The Prince’s Government

The Prince’s Government

The Expansion of Princely Administration in Later Centuries

General Taxation

The Prince as Judge

The Prince as Legislator

External Relations: Diplomacy and War

15 The Towns

Introduction

The Origin of Russian Towns

Town Government and the Veche in Particular

External Relations: Treaties with Princes and Foreign Powers

The Urban Population

The Legal Framework of the Urban Economy

16 Novgorod and Pskov

Velikii Novgorod

Pskov

A Note on Viatka-Khlynov

17 Western Russia

Historical Introduction

The Law of the Lithuanian Principality and the Polish-Lithuanian Commonwealth

18 Rural Russia

Land Tenure and Land Ownership

Large-Scale Land Ownership – Feudalism?

Princes as Landowners

Boyars and Other Landowners

Landowning by the Church and Monasteries

Peasants

Peasant Landowning

The Peasant Population in Later Centuries

Transactions Concerning Land

Local Government

19 The Individual and the Family

The Legal Status of the Individual

Legal Classes

The Individual as a Family Member

20 The Individual as a Legal Actor

Contracts

Delicts

Ownership

21 The Church and Monasteries

Church and State

The Organization of the Church

Church Jurisdiction

Other Sources of Church Income

Monasteries

Landowning by the Church

22 Courts and Justice

Introduction

Secular and Church Courts

Procedure in the Russkaia Pravda

Procedure in Novgorod and Pskov

Evidence

Criminal Law

Court Fees and Related Payments

Part 2: Muscovy (until 1649)

23 Introduction

The Law of the Principality of Muscovy

The Reforms of Ivan

Section 1: Sources

24 The Code ( Sudebnik ) of Ivan of 1550

Introduction and Historiography

General Historical Background and Character of the Code

The Contents of the Code of 1550

In Conclusion

25 The Stoglav

Legal Relevance of the Stoglav

The Enactment of the Stoglav

The Contents of the Stoglav

26 The Codes of 1589 and 1606–1607

The Code of 1589: Introduction

The Contents of the Short and the Expanded Redactions

The Relationship between the Two Redactions and the Character and Sources of the Code of 1589

The Composite Code of 1606–1607

27 The Statute Books of the Prikazy

The Statute Books of the Brigandage Department

The Statute Book of the Slavery Department

The Statute Book of the Department for the City of Moscow

The Statute Book of the Department of Roads

The Statute Books of the Land Department

28 Decisions of the Land Assembly ( Zemskii Sobor )

The Resolutions of 15 January 1580 and 20 July 1584

The Resolution of 9 March 1607

The Resolution of 30 June 1611

29 The Council Code ( Sobornoe Ulozhenie ) of Aleksei Mikhailovich of 1649

Historical Background

Historiography

Preparation and Enactment

Overview of the Contents

Sources

The Follow-up: Novellae or Novoukaznye stat’i

Section 2: The Law

30 The Tsar

The Title of Tsar

Autocracy and Public Law

Succession

The Tsar’s Court

31 The Tsar’s Government

A Boyar Duma?

In Conclusion

The Land Assembly ( Zemskii Sobor )

The Administration

Lower Officials

Taxation

The Army

32 Territory and Population

The Growth of the Principality of Moscow

Muscovy and Western Russia

33 Local Government

Kormlenie as the Basis of the Traditional System

The Reforms of Ivan

The Abolition of Kormlenie

Voevody

34 Criminal Law and Procedure

Introduction

Criminal Law in the Codes of Ivan (1497) and Ivan (1550)

The Guba and Land Charters

Criminal Law in the Council Code ( Sobornoe Ulozhenie ) of 1649

Criminal Law and the Church; Offences against Morals

Criminal Procedure

35 Civil Law: Persons

The Legal Status of the Individual: Men and Women

Legal Classes

The Sovereign and His Family

Princes

Boyars and Other High Nobles

Lesser Nobles: Boyars’ Sons and Dvoriane

Clergy and Church People

Townspeople in Moscow and Elsewhere

Merchants

Peasants

Slavery

Foreigners

Legal Persons

36 Civil Law: Ownership and Obligations

Ownership of Land

Obligations

37 Civil Law: Family Law and Succession

Sources

The Family

Marriage

Relations between Spouses

Dissolution of Marriage

Parents and Children

Inheritance and Succession

38 Courts and Justice; Civil Procedure

Courts in the Period after the Sudebnik of Ivan of 1497

Courts in the Council Code ( Sobornoe Ulozhenie ) of Tsar Aleksei of 1649

Court Officials

Civil Procedure