Contents. xv 1. Primary Sources: Chronicles and Other Collections xv The Primary Chronicle The First Novgorod Chronicle Other Collections

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1 Contents Foreword xi A Note on Sources xv 1. Primary Sources: Chronicles and Other Collections xv The Primary Chronicle xvi The First Novgorod Chronicle xvii Other Collections xviii 2. Primary Sources: Individual Documents (Charters); Archives xviii 3. Secondary Sources xx Translations xxii Textbooks on Legal History xxiii General History Classics xxiv Genealogy xxv List of Abbreviations xxvi Chapter 1: LAW S BEGINNINGS AND EARLY LAW 1 1. The Question of Definition 2 2. The Indo-European Aspect 5 Background 5 Indo-Europeans? 7 Indo-European Patriarchy 9 Chieftaincy and Kingship 12 The Professionalization of Law 12 The Penalty Catalogue 14 Collective Liability 16 Some Preliminary Conclusions Looking beyond the Indo-Europeans 19 The Code of Hammurabi 19 The Law of Bagrat Kuropalates 21 The Great Statute of the Oirat Mongols of Law and State The Origins of Legislation 28 Chapter 2: THE RUSSKAIA PRAVDA Introduction General Remarks The Short Pravda The Chronological Framework of the Short Pravda The Short Pravda: Composition and Status 38

2 vi Law in Medieval Russia 6. The Expanded Pravda Other Contemporary Sources 39 The Treaties of 912 and The Treaty of 1229 between Smolensk and Riga The Contents of the Short Pravda: Wergeld and Composition Procedure The Origins of the Russkaia Pravda The Sources of the Oldest Pravda The Russian Custom (Zakon Russkii) Other Contemporary Slavic Legislation Germanic Contacts What does the Oldest Pravda represent? 57 Chapter 3: ROMAN LAW IN MEDIEVAL RUSSIA Introduction to the Problem How the Views Developed over Time The Legislation Involved: Roman and Byzantine Law The Lenders 70 Roman Law 70 Secular Byzantine Law 71 a. The Nomos Georgikos or Farmer s Law 71 b. Ecloga 72 c. Basilika 73 d. Epanagoge (Eisagoge) 74 e. Procheiron 74 f. Epitome 75 Byzantine Canonical (Ecclesiastical) Law 75 The Early Collections up to the Nomocanon XIV titulorum 76 Subsequent Developments in Byzantine Canon Law 77 Summary of Byzantine Canon Law The Legislation Involved: Russian Law The Borrowers 79 The Court Law for the People 79 The Russian-Byzantine Treaties 80 The Russian Law (Russkaia Pravda) 81 The Church Statutes of the Princes Roman/Byzantine Influences: Where and When The Kormchaia as the Main Vehicle of Byzantine Legal Influence and Other Collections 87 The Penetration of the Kormchaia into Medieval Russia 88 The Merilo Pravednoe or Just Measure 92 The Knigi Zakonnye or Law Books 93

3 Contents vii 7. Weighing the Evidence 94 Roman Law 94 Byzantine Law 108 Nomos Georgikos 109 Ecloga 111 The Court Law for the People 116 Procheiron 118 Chapter on Witnesses 119 Church Statutes 120 Treaties with Byzantium Later Developments Conclusions 125 Chapter 4: LAND TENURE, THE DRUZHINA AND THE NATURE OF KIEVAN RUS Land Tenure: The Legal Perspective The Nature of Kievan Russia: Soviet Approaches The Nature of Kievan Russia: Trade or Agriculture? Interlude: Feudalism The Nature of Kievan Russia: Continued The Druzhina Conclusion 145 Chapter 5: POPULAR ASSEMBLIES IN EARLY MEDIEVAL RUSSIA: THE VECHE IN LEGAL HISTORY Sources Five Centuries of Veche History The Veche in Early Kievan Russia The Kievan Empire Veche and Prince Composition of the Veche Veche Procedure The Veche after The Situation in Novgorod and Pskov Kievan Rus as a Period of Transition The Veche and the Nature of the Kievan Polity The Veche in a Comparative European Context The Russian Veche and Legislation Renewed Interest in the Veche 164

4 viii Law in Medieval Russia Chapter 6: THE ELDER BROTHER IN RUSSIA The House of Rurik From Genealogical to Contractual Seniority Muscovy Russia: Mestnichestvo The Table of Ranks Postscript: The Elder Brother in Soviet Rhetoric 179 Chapter 7: THE TREATIES OF MEDIEVAL RUSSIA Defining the Topic The Earliest Times Periodization and Sources The Treaties between Princes 188 Starshinstvo 189 The Treaties and Testaments of the Princes of Moscow: Close Relatives 189 Excursion concerning the Title of Grand Prince 192 The Treaties of the Princes of Moscow: Distant Relatives 195 The Treaties between Moscow and Lithuania Princely Treaties not involving Moscow 197 Smolensk Treaties 197 Other Princely Treaties The Treaties of the Russian Cities 200 The Treaties of Novgorod the Great 200 Novgorod-Tver Treaties 202 Novgorod-Moscow Treaties 204 Novgorod Treaties with Foreign Rulers 205 Novgorod Treaties with German and Baltic Cities and Merchants 206 Pskov Treaties Iarlyks of Tatar Khans Concluding Thoughts 214 Appendix Novgorod Treaties 220 with Moscow and Tver Grand Princes 220 with Foreign Rulers 222 with German and Baltic Cities and Merchants Pskov Treaties Polotsk Treaties Moscow Treaties 224 with Other Russian Princes 224 with Foreign Princes 229

5 Contents ix 5. Other Princely Treaties 229 among themselves and with Foreign Princes Iarlyks of Tatar Khans 230 Chapter 8: HUMAN RIGHTS IN RUSSIAN LEGAL HISTORY Introduction The Universal Declaration of Human Rights of Equality Taming the State: Dispersal of Power 236 The Separation of Powers 236 Due Process 237 Separation of Church and State 237 Christian Anthropology and the Freedom of Conscience 238 Sharing Power: Original Democracy 239 Sharing Power: The Feudal System 240 Sharing Power: Urban Freedom 241 Rationalism and Enlightenment The Position in Russia Church and State in Russia 243 The First Centuries 243 Church and State under the Mongols 245 The Church in Muscovy 247 The Special Status of Novgorod 249 The Church in the Russian Empire Popular Rule and Democracy in Russia Feudalism Urban Freedom Due Process Equality Concluding Observations 258 Chapter 9: THE SKRA OF NOVGOROD: LEGAL CONTACTS BETWEEN RUSSIA AND WESTERN EUROPE IN THE MIDDLE AGES Introduction Novgorod the Great Novgorod s System of Government Novgorod s Legal System Novgorod s Trade with the Hanseatic League The German Court of St.Peter in Novgorod 270

6 x Law in Medieval Russia 7. Adjudication of German-Russian Disputes The Internal Organization of the Court of St.Peter The Skra of Novgorod and its Different Versions Sources and Contents of the Different Versions of the Skra Concluding Remarks 290 Chapter 10: MEDIEVAL LAW IN TRANSCAUCASIA ON THE PERIPHERY OF EUROPEAN LEGAL HISTORY Introduction The Literature General Historical Background: Armenia General Historical Background: Georgia The Law of the Armenian Kingdoms The Code of Mkhitar Gosh The Code of Smbat Sparapet The Legal History of Georgia The Non-Georgian Parts of the Collection The Law of Bagrat Kuropalates The Canonical Laws The Laws of Beka and Aghbuga The Law of Giorgi V the Brilliant The Order of the King s Court The Law of the Catholicos The Law Code of Vakhtang VI Dasturlamali Conclusions 312 Index of Personal Names 315 Subject Index 325 Glossary of Russian and Foreign Terms 329 About the Author 335

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