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Russkaya Pravda

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Russkaya Pravda
First page of the oldest surviving copy of the Russkaya Pravda (Extensive Edition),[1] from the Synodic Kormchaia of 1282 (Novgorod)
CreatedEarly 11th century
Author(s)Prince's administration
PurposeGuidance for the princely court

The Russkaya Pravda (sometimes translated as Rus' Justice, Rus' Truth,[2] or Russian Justice)[3][4][a] was the legal code of Kievan Rus' and its principalities during the period of feudal fragmentation. It was written at the beginning of the 12th century and remade during many centuries. The basis of the Russkaya Pravda, the Pravda of Yaroslav, was written at the beginning of the 11th century. The Russkaya Pravda was a main source of the law of Kievan Rus'.[9][10]

In spite of great influence of Byzantine legislation on the contemporary world, and in spite of great cultural and commercial ties between Byzantium and Kievan Rus', the Russkaya Pravda bore no similarity whatsoever to the law of the Byzantine Empire. The absence of capital and corporal punishment rather reflects Norse jurisprudence.[11][12]

Editions

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Copy of the "Extensive edition".[13] Beginning manuscript: "СѸДЪ ꙖРОславль ‧ володимирица⁘⁓ Правда рѹсьскаꙗ :" (Sudŭ Jaroslavlĭ Volodimirica. Pravda Rusĭskaja.)

Three recensions of the Russkaya Pravda are known: the Short Edition (Kratkaya Pravda), the Extensive Edition (Prostrannaya Pravda), and the Abridged Edition (Sokrashchyonnaya Pravda).[14] The shortest version numbers around 850 words, while the longest version is around four times as long.[14] The abridged version is known from two 17th-century copies.[14] 13 copies of the Kratkaya Pravda are extant, while an additional four are known to have existed but are now lost.[14] 11 of the extant copies were made in the 18th and 19th century, while the other two are dated to the mid-15th century.[14] Around 100 copies of the Prostrannaya Pravda are extant.[14] Around three-quarters are found in kormchie books, while the remainder were found in various other collections that were also monastic in origin.[15] These include for example the Merilo Pravednoye.[15]

Modern scholarship of the Russkaya Pravda began in 1738 when the historian Vasily Tatischev rediscovered the code in the text of one of the manuscripts of the Novgorod chronicles, where it was included under the year 1016.[3] He offered his annotated text and brought it to the attention of the Russian Academy of Sciences, but it was not published until 1786.[3] Around the same time, August Ludwig von Schlözer published the text of the Russkaya Pravda using a different manuscript.[16] Both works were concerned with the Kratkaya Pravda.[16] The text of the Prostrannaya Pravda was published by V. Krestinin in 1788.[16] The first study on the Russkaya Pravda, aside from Tatischev's comments, was an academic address called Discours sur l’origine et les changements des loix russiennes delivered by F. Strube de Piermont in 1756.[16] The results of two centuries of scholarship were collected in a three-volume edition published by the Soviet Academy of Sciences under the editorship of Boris Grekov.[17]

Genesis and evolution

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The legal regulations of the Russkaya Pravda reflected the evolution of the social relations in Kievan Rus' during the 11th–13th centuries. Common law, knyaz legislation, and legal proceedings represented the basis of the Russkaya Pravda. The presumable similarity with Scandinavian law raises questions, as the earliest written law books appeared after the Christianization of Scandinavia.[18] Several studies on the connections with Germanic law have also been conducted, but attention has mostly been focused on the earliest law, the Leges Barbarorum.[18] The similarities are not very specific, and there is a gap of about five centuries.[18] The 9th-century Lex Saxonum has also been compared, in which the first dozen or so articles are close to the first ten articles of the Kratkaya Pravda.[19]

The Short Edition of the Russkaya Pravda contains two chronological components, called by researchers the Pravda Yaroslava ("The Pravda of Yaroslav"), otherwise known as the Drevneyshaya Pravda ("Oldest Justice") of Yaroslav the Wise, and the Pravda Yaroslavichey ("The Pravda of Yaroslav's Sons").[20] Due to the Short Edition not being a homogenous legal document, this has given rise to a theory that it is the amalgamation of two independent versions of the Russkaya Pravda.[20] However, the Pravda Yaroslavichey appears to be an addition to the Pravda of Yaroslav, as it regulates questions not covered by the latter, and so modern scholars tend to accept the refutation of this theory.[21] In regards to prior legislation, scholars often draw attention to treaties with the Byzantine Empire in 911 and 941, both of which mention the zakon russkii.[22] As a result, the most probable source for the Pravda of Yaroslav would be customary law.[22]

The two basic copies of the Short Edition have come from the text of the Novgorod chronicle.[21] The chronicle says that Yaroslav, in accordance with the prevailing practice among the Rurikids, was appointed as the prince of Novgorod by his father Vladimir.[23] One of his duties was the yearly tribute to Kiev, but in 1013 or 1014, Yaroslav, with the support of Novgorod, ceased this payment.[23] His father began to gather an army as a result to enforce his claim, while Yaroslav brought in Varangians to strengthen his own army.[23] These Varangians caused unrest in Novgorod, leading to many of them being killed during an uprising.[23] Yaroslav had some of the prominent Novgorodians killed as a result, but when he heard of the news of his father's death, he made peace with Novgorod.[23] He then marched against his half-brother Sviatopolk, and after emerging victorious, he dismissed the Novgorodian troops and gave them a law code (pravda).[23] Yaroslav wrote a statue (ustav), saying: "Live according to this charter (gramota), as I have written it for you, and observe it".[23] Although many scholars have given their opinion regarding the origins of the Short Edition, the majority opinion is to give credence to the general narrative given in the chronicle, in that Yaroslav did write a law that was connected to Novgorod's support in his war against his half-brother.[24] It is generally agreed that the second part, the Pravda Yaroslavichey, was not included in this law.[25]

Subsequent development and improvement of the Russkaya Pravda took place in times of Yaroslav's sons and his grandson Vladimir Monomakh. The Pravda Yaroslavichey is known as such because it starts with the following: "The law established for the Russian land, when Iziaslav, Vsevolod, Sviatoslav, Kosniachko Pereneg, Mikyfor the Kievan, and Chudin Mikula met together".[19] There remains uncertainty about the precise date of the Pravda Yaroslavichey, with 1072 being given as the mostly likely date.[26] New provisions are believed to have been added to the Russkaya Pravda after the revolts in Kiev, Novgorod, and Rostov-Suzdal province in 1068–1071. The first part of the Expanded Edition, the Pravda of Yaroslav, was likely a heavily amended version of the Short Edition enacted sometime in the late 11th or early 12th century.[27] The second part, which represented the law code created by Vladimir Monomakh, was enacted shortly after the uprising of 1113.[27]

In the arising Russian state centered on Moscow, the Russkaya Pravda was replaced by the Sudebnik of 1497 under Ivan III, which in turned was succeeded by the Sudebnik of 1550 under his grandson Ivan IV.[28] The Sudebnik put an end to the legal fragmentation of Russia.[28] It replaced other law codes in certain regions, including the Pskov Judicial Charter and Novgorod Judicial Charter.[29] The Pskov Judicial Charter in particular was the most significant piece of legislation between the Russkaya Pravda and the Sudebnik of 1497, which was the first milestone of a newly unified Russian state.[29]

Institutions

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The Pravda Yaroslavichey increased responsibility of a given community for killing soldiers of a knyaz, tiuns ("tiun", a privileged servant of knyazs or boyars), starostas ("starosta", a representative from the low-ranking administration of a knyaz), otroks ("otrok", a low-ranking soldier in the army of a knyaz) and other servants on their own territory. The Pravda Yaroslavichey provided severe punishment for arson, deliberate cattle mutilation, and collective encroachment on rich people's property. After the 1113 Riot in Kiev, an exorbitant interest law was introduced that limited financial operations of moneylenders.

Administering justice in Kievan Rus by Ivan Bilibin (1909)

The Pravda stabilized the system of feudal relations and social inequality. During the 11th–13th centuries, it made new laws for the smerds ("smerd" – a feudal-dependent peasant), zakups ("zakup" - a feudal-dependent peasant, who could become free after paying off his "zakup", a feudal loan), kholops ("kholop" – a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of Pravda contains special regulations regarding the status of zakups and kholops. It also reflects the role of the court of a knyaz, by increasing and giving various forms of punishment and penalties. It instituted fines that benefited the knyaz or his administration with diminished compensation to the victims.

In an attempt to abolish the blood feud (that was quite common at that time), the Pravda narrowed its "usage" and limited the number of avengers to the closest relatives of the dead. If there were no avengers on the victim's side, the killer had to pay a fine (called vyra) in favour of the knyaz and partial compensation to the relatives of the victim (the killer's community had to help him pay his fine). If a woman was killed, one would have to pay half of the regular fine (called poluvir'ye, half of vyra). The Pravda also protected the health and honor of the free members of the feudal society and provided financial compensation for mutilation or insult by word or deed. The Pravda had a comprehensive system of punishments and penalties for larceny in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt between individuals and contained articles of liability and hereditary law. The Pravda made use of witnesses, oaths and of the trial by water or iron, a kind of a last-resort test used to prove defendant's innocence or guilt in legal proceedings. The legal process also included testimony witnesses, evidence, collecting or hot pursuit. Investigators had to check for false accusations, as well.

See also

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Notes

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  1. ^ Old East Slavic: Правда роусьскаꙗ, romanized: Pravda Rusĭskaya (13th century, 1280),[5][6] Правда Руськая, Pravda Rusǐkaja (second half of the 15th century);[7][8] Russian: Русская правда, Russkaya Pravda; Ukrainian: Руська Правда, Rus'ka Pravda.

References

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  1. ^ Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: Правда Русская / Под общ. ред. акад. Б.Д. Грекова. - М.; Л.: Изд-во АН СССР. Т. III: Факсимильное воспроизведение текстов. - 1963).
  2. ^ Yaroslav Padokh (1993). "Ruskaia Pravda". Encyclopedia of Ukraine. Vol. 4. Retrieved 5 March 2016.
  3. ^ a b c Feldbrugge 2017, p. 101.
  4. ^ "Yaroslav I". The New Encyclopædia Britannica. Vol. 12 (15th ed.). 2003. p. 823. ISBN 9780852299616. Under Yaroslav the codification of legal customs and princely enactments was begun, and this work served as the basis for a law code called the Russkaya Pravda ("Russian Justice").
  5. ^ А. М. Камчатнов. Хрестоматия по истории русского литературного языка (Памятники X - XIV веков по рукописям X - XVII веков). Москва, 2009 год.
    • Русская правда древнейшей Пространной редакции по списку из пергаменной рукописи 1280 года [XIII век] Новгородской, или Климентовской, Кормчей, хранящемуся в ГИМ (Син. № 132).
    • Формат – in folio, почерк – устав, текст – в два столбца.
    • Описание: Св. к.-1, № 183.
    • Издания: Карский Е. Ф. Русская правда. Фототипич. изд. Л., 1930; Правда Русская. I. Тексты. Под. ред. Б. Д. Грекова. М.; Л., 1940.
    • Фрагменты текста приведены по рукописи, варианты – по изданиям.
    • (л. 615 в) «СОУДЪ ꙖРОславль ‧ володимирица⁘⁓ Правда роусьскаꙗ ‧»
  6. ^ А. А. Зимин. Правда русская. Монография. Москва, "Древлехранилище", 1999 год.
    • Приложения. Перечень списков Правды Русской: Пространная Правда,
    Синодально-Троицкая группа: Синодальный вид:
    • 1(8). С — Синодальный I список. 80-е годы XIII века. — ГИМ. Синод. № 132.
  7. ^ By Troitzky manuscript (second half of the 15th century): «Суд Ярослава Владимеричь, Правда Руськая»
  8. ^ Руська Правда. Тексти на основі 7 списків та 5 редакцій. Склав та підготував до друку проф. С. Юшков. Видавництво Української Академії Наук. Київ, 1935
  9. ^ Yushkov, Serafim. Course of the History of State and Law of the USSR. - Moscow: Yurizdat (Juridical Publisher), 1949. - Vol. 1: Social and Political System and Law of Kievan State. - 542 p. (Russian: Юшков С.В. Курс истории государства и права СССР. – М.: Юриздат, 1949. – Т. I: Общественно-политический строй и право Киевского государства. – 542 с..
  10. ^ Zimin, Aleksandr. Pravda Russkaya. - Moscow: Drevlekhranilische ("Archive"), 1999. – 421 p. (Russian: Зимин А.А. Правда Русская. – М.: Древлехранилище, 1999. – 421 с.).
  11. ^ Orest Subtelny (2009). The Ukraine: A History. p. 16.
  12. ^ Ekaterina Brancato (January 2009). Markets versus Hierarchies: A Political Economy of Russia from the 10th Century to 2008. p. 66. ISBN 9781848447257.
  13. ^ Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: Правда Русская / Под общ. ред. акад. Б.Д. Грекова. - М.; Л.: Изд-во АН СССР. Т. III: Факсимильное воспроизведение текстов. - 1963).
  14. ^ a b c d e f Feldbrugge 2017, p. 105.
  15. ^ a b Feldbrugge 2017, p. 124.
  16. ^ a b c d Feldbrugge 2017, p. 102.
  17. ^ Feldbrugge 2017, p. 103.
  18. ^ a b c Feldbrugge 2017, p. 117.
  19. ^ a b Feldbrugge 2017, p. 118.
  20. ^ a b Feldbrugge 2017, p. 107.
  21. ^ a b Feldbrugge 2017, p. 108.
  22. ^ a b Feldbrugge 2017, p. 114.
  23. ^ a b c d e f g Feldbrugge 2017, p. 109.
  24. ^ Feldbrugge 2017, p. 110.
  25. ^ Feldbrugge 2017, pp. 110–111.
  26. ^ Feldbrugge 2017, p. 122.
  27. ^ a b Feldbrugge 2017, p. 137.
  28. ^ a b Feldbrugge 2017, p. 206.
  29. ^ a b Feldbrugge 2017, p. 178.

Sources

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=Further reading

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  • English translation of Short Russkaya Pravda by Daniel H. Kaiser Archived 17 February 2022 at the Wayback Machine: Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 15-19.
  • English translation of Vast Russkaya Pravda by Daniel H. Kaiser Archived 17 February 2022 at the Wayback Machine: Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 20-34.
  • Main edition: Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 1: Texts. - 1940. Vol. 2: Commentaries. - 1947. Vol. 3: Facsimile of the texts. - 1963. (Russian: Правда Русская / Под общ. ред. акад. Б.Д. Грекова. - М.; Л.: Изд-во АН СССР. - Т. I: Тексты. - 1940; Т. II: Комментарии. - 1947; Т. III: Факсимильное воспроизведение текстов. - 1963).
  • Memorials of Russian Law / ed. by Serafim Yushkov. Issue 1: Memorials of Law of Kievan State of the 10th-12th centuries / Aleksandr Zimin. - Moscow: Gosyurizdat (State Juridical Publisher), 1952. - 287 p. (Russian: Памятники русского права / Под ред. С.В. Юшкова. – М.: Госюриздат, 1952. – Вып. I: Памятники права Киевского государства X–XII вв. / Сост. А.А. Зимин. – 287 с.).
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