CHRISTIAN LAW AND TRADITIONAL LEGAL CONSCIOUSNESS AS FACTORS OF SOCIAL REGULATION IN KIEVAN RUS
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
The article deals with the problem of correlation between the canons of Christian faith and customary law in Kievan Rus. Their symbiosis bred a unique legal consciousness, which was an important factor of social regulation in the Old Russian society. Legal values of the Old Russian society at the time of its formation differed from the values of the Byzantine legal culture. Christianity as a state religion determined the peculiarities of the development of Old Russian statehood and ideology. Gradually, political, economic and cultural institutions were formed in the state. Recent decades of the 10th century and the beginning of the 11th century were a period of adaptation of the church to the local environment and harmonization of Old Russian customary law and Byzantine law, both ecclesiastical and secular. Particular attention is paid to the Statute of Volodymyr the Great, in which the first attempt to combine Christian religious norms with the customs prevailing in pre-Christian times was made. In this document, the Prince calls on his successors to preserve indefeasible regulations based on the decisions of the ecumenical councils and the laws of the Byzantine emperors, guided by the Greek Nomocanon. The statute regulated the position of the church in Kievan Rus, as it was engaged not only in the salvation of souls. In addition, it carried out many secular issues that were close to the tasks of the state. The church was granted wide jurisdiction over all those who professed Christianity. The conclusions state that the church hierarchy acted not as much power as the rules and institutions brought by it and it affected not only the political system, but, in particular, private social and family relations. The Christian doctrine gradually turned into an ideological guide of ancient legal consciousness. Sometimes it displaced customary norms and sometimes it coordinated with them. Thus, without denying the historically established customs and superstitions, the church gradually instilled new concepts and relationships, preparing them for awareness of new norms. It caused the deep penetration of the legal and moral structure of society by the church.
Authors and Affiliations
Yuriy Paida
Keywords
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- EP ID EP451091
- DOI 10.32366/2523-4269-2018-65-4-76-82
- Views 90
- Downloads 0
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