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The Court of Dishonor as the Legal Basis of the Class Stratification of Medieval Russian Society of the 14th — 17th Centuries
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The Court of Dishonor as the Legal Basis of the Class Stratification of Medieval Russian Society of the 14th — 17th Centuries
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900028253-2
Publication type
Article
Status
Published
Authors
Ivan Voronin 
ORCID: 0000-0002-3725-1490
Occupation: Cand. Sci. (Law), Assoc. Prof., Associate Professor, Department of Theory and History of State and Law, Social and Humanitarian Institute, FESTU
Affiliation: Far Eastern State Transport University, Khabarovsk, Russia
Edition
Volume 28 Issue 10
Pages
33-43
Abstract

The protection of the honor and dignity of the individual throughout the development of society and the State is an important legal institution. Researchers of this topic highlight its constitutional, civil and criminal aspects. At the same time, the main emphasis in the protection of honor is shifted towards criminal law, partly civil and only to a small extent constitutional. This is due to the fact that previously the person himself (personality) was identified with his status in the hierarchy of positions and titles. The more noble and significant a person's position in society was, the more important it was to protect his status as a representative of a certain class and the place in the hierarchy that he occupied in it. Thus, priority in the medieval Russian state was given to protecting the legal status of a person, rather than the person himself. Such protection was provided by the so-called court of dishonor. The term “court” was used in the connotation of determining the degree of violation of the status of a representative of a certain class, i.e. the level of dishonor, and not as a specific place where justice is administered. The purpose of this study is to consider the protection of honor and dignity from the point of view of the status of an individual (state-legal or constitutional), as well as to determine the types of dishonor (simple and parochial). In the study of the problem of class stratification of medieval Russian society of the 14th—17th centuries, specific historical, formal legal and comparative legal methods were applied. The court of dishonor determined the degree of legal protection of an individual depending on his belonging to a certain class. The medieval legal institution of the court of dishonor in the sectoral plan is not only a criminal law or procedural legal concept, but also refers to state (in modern terminology — constitutional) law, as it protects the rights of the individual, individual class institutions (the tsar and the church) and the state as a whole.

Keywords
court of dishonor, mestnichestvo, social contract, dishonor, dishonor of church servants, offense, class stratification
Date of publication
28.10.2024
Number of purchasers
1
Views
14
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0.0 (0 votes)
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References



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