The lawsuit of Mkhitar Gosh ( armenian Մխիթար Գոշի դատաստանագիրք ) is a collection of feudal law of Armenia [1] [2] [3] . Compiled by Mkhitar Gosh at the end of the 12th century , it establishes the principles and procedure for legal proceedings.
| Judgment Mkhitar Gosh | |
|---|---|
| Մխիթար Գոշի դատաստանագիրք | |
| Judgment Mkhitar Gosh | |
 “Judicial Code” by Mkhitar Gosh, author's manuscript | |
| Authors | Mkhitar Gosh |
| Date of writing | 1184 |
| Original language | Armenian |
| Topic | right |
| Original | Armenian |
Written in the ancient Armenian language and distinguished by laconicism, this codex was used in Armenia and in Cilicia . The structure of this code, without any system and leading thread, included, in addition to the laws of the Eastern Roman Empire (Byzantium) , Armenian national customs, the canons of the Armenian church , the laws of Moses . Mkhitar Goshi also used a number of provisions of Islamic law when writing the collection, which did not contradict the Mosaic laws (chapter X of the Introduction). Subsequently, works of other authors were added to Sudebnik, for example, a translation of Syrian-Roman laws that did not belong to Mkhitar Gosh. There is no strict system in the criminal case, theoretical reasoning is combined with general reasoning, the rule of law and their interpretation.
For the first time, the law enforcement officer Mkhitar Ghosh received the force of a binding law in the 13th century, in Cilicia Armenia . In the XVI century. It was adopted by the Polish king Sigismund I for the Armenian colonies in Lviv , Kamyanets-Podilsky and other cities. Some parts of it are translated into Latin, Polish, Tatar languages. In the XVIII century. Judge Mkhitar Gosh was included in the collection of Georgian laws compiled by the Tsarevich, later Tsar Vakhtang VI (the so-called Vakhtangov collection of laws ), which also continued to function after Georgia joined Russia .
The lawsuit came to us in numerous lists and versions stored in Matenadaran (the state repository of ancient manuscripts) in Yerevan , as well as in the libraries of Venice , Vienna and other cities. Some parts of it are translated into Latin, Polish, Tatar languages.
Gosha's lawsuit is one of the few works of that period that has come down to us in the author’s manuscript [4] , possibly even in two author’s versions [5] . Today, there are numerous manuscripts stored in the Matenadaran , as well as in libraries in Venice , Vienna , Paris , Beirut and other cities. Specialists, as a rule, divide the surviving options into three main groups - “A”, “B” and “C”, which differ mainly in sequence, sometimes in content. articles.
Content
- 1 Background
- 2 Contents
- 3 See also
- 4 notes
- 5 Links
Prerequisites
The main sources of law in the territory of Transcaucasia were customs . Moreover, the canonical acts of various religions had a significant place in the developing relations . So during the IV – XIII century, a number of fundamental religious trends spread across the territory of Transcaucasia. Subsequently, Christianity and Islam, respectively, became two constant competing religions in the Transcaucasus. In this regard, a parallel emergence of competing legal systems based on the above religious trends. One of the most functional is considered Sharia , the basis of which are three sources: the Koran , the Sunna and Ijmu . Sharia regulated almost all spheres of life of a legitimate Muslim , however, the norms of law and morality were alternately reflected along with religious and domestic norms. In turn, the norms of Christian law to a large extent did not have any systematization. In addition, in general, an extremely narrow circle of social relations fell under the regulation of Christian law. So until the appearance of the Code of Law, Mkhitar Gosh, the Christian peoples living in the Transcaucasus did not have any systematic legal acts. The parallel existence of two legal systems led to complications in the existence of the Christian part of the population. So even the head of the IX Judicial Code of Mkhitar Gosh, the Christian part of the population was forbidden to appeal to Muslim courts ( cadias ) [6] .
Contents
The Code of Law consists of three main parts - “Introduction”, “Church Canons” and “Secular Law”. In the “Introduction” Mkhitar thanks his benefactors, explains the reason for writing his work. The section itself begins with the words
Where will you find the answer to those who slander about us, supposedly there is no trial in Armenia [4]
The section consists of 11 chapters.
“Church canons” consist of 124 chapters (articles), and often rely on the Old Testament , the “Canonagirk” by Hovhannes Odznetsi and the “Judicial Book” of David Gandzaketsi [4] .
“Secular Law” consists of 130 chapters (articles).
Due to the fact that the ideological basis of the Code of Law is the postulates of feudalism , many provisions are aimed at regulating relations of ownership and exploitation. Judicial Mkhitar Gosh provides for the property of the king and certain princes on land and water resources. Thus, the population living in this territory was dependent on the will of the above feudal lords in full.
According to the provisions of the Judicial Code, property that came into possession as a result of hostilities (obtained by the sword) is considered lawful.
The Code of Law also devotes many provisions to relations related to legal capacity . So adulthood is reaching 25 years of age. At the same time, partial legal capacity against men in terms of family relations began from the age of 14, and in military service from the age of 20 (chapter VII of the Introduction) [6] .
Despite the actual spread of many religions across the territory of Transcaucasia , the Code of Law largely reflected the interests of the Christian part of the population. According to Chapter VII of the Judicial Code, in examining cases, judges might not have used the various evidence provided by “infidels against Christians, even when there are many of these infidels and their testimony is true.”
Formally, in the Judicial Code two types of courts are mentioned: secular and spiritual courts. At the same time, there was a comment stipulating that a secular court can only be Christian. Taking into account the fact that at the time the Judicial Code appeared in Armenia, the power belonged to the Seljuk Muslims, the author suggested it was possible to centralize the administration of justice under the leadership of the Christian church . Thus, the bishop actually exercised judicial power . However, according to the compiler of Sudenik, Mkhitar Gosh, if necessary, the judge is obliged to involve worthy representatives of the secular population in the trial . Moreover, in fact, the author of the Code of Law was a follower of the collegiate court in a number equal to the number of church apostles . Due to the fact that the selection of the relevant persons is difficult, in the opinion of Mkhitar Gosh, it may be limited to 2-3 judge-assessors (chapter VI of the Introduction of the Judicial Code). So, these judge judges, according to the drafters, were to use their professional and life experience to help the bishop make the right decisions when making court decisions , and also to witness the legality of the trial . The following characterization (requirements) of the judge is given in the Judicial Code: a person applying for the post of judge should have been “experienced, strong in knowledge, skilled in Holy Scripture, as well as in human affairs ...” [6] .
In Sudebnik, considerable attention is paid to the norms of procedural law. At the same time, Sudebnik does not distinguish between civil and criminal proceedings . A distinctive feature of the Judicial Code is the adversarial process of the trial with elements of feudalism . So, in Sudebnik, the set of rights was not differentiated depending on the property status of the participant in the process (equal trial for rich and poor). The lawsuit according to the Code of Law has many similarities with the modern one. So in court proceedings it was required to hear the positions and arguments of the parties. In addition, the parties were entitled to refute each other's arguments. At the same time, it was forbidden to enter into confrontation or argue against the court. It is worth noting that women as witnesses did not participate in the trial . Mkhitar Gosh justified such a legal status of women in the framework of the trial, in that, in his opinion: “women easily come into excitement.” [6]
See also
- Charter of Lviv Armenians
Notes
- ↑ Robert W. Thomson. The Crusaders through Armenian Eyes // The Crusades from the Perspective of Byzantium and the Muslim World / Edited by Angeliki E. Laiou and Roy Parviz Mottahedeh. - Dumbarton Oaks , 2001 .-- P. 80.
- ↑ Peter Cowe. Medieval Armenian Literary and Cultural Trends (Twelfth-Seventeenth Centuries) // The Armenian People From Ancient to Modern Times: The Dynastic Periods: From Antiquity to the Fourteenth Century / Edited by Richard G. Hovannisian. - St. Martin's Press, 1997 .-- Vol. I. - P. 298-301.
- ↑ History of mankind. VII — XVI centuries / Ed. M.A. Al-Bakhit, L. Bazen, S.M. Sissoko. - UNESCO, 2003. - T. IV. - S. 260.
- ↑ 1 2 3 Robert W. Thomson. The Lawcode (Datastanagirk ') of Mxit'ar Goš . - Rodopi, 2000.
- ↑ CJF Dowsett, “The Albanian Chronicle of Mxit'ar Goš”, Bulletin of the School of Oriental and African Studies, University of LondonVol. 21, No. 1/3 (1958), pp. 472-490
- ↑ 1 2 3 4 Chistyakov O.I. History of domestic state and law. - Yurayt, 2012 .-- S. 20-33. - 476 p. - ISBN 978-5-9916-1209-8 .