HISTORY AND PRELIMINARY FORMS OF LEGAL TECHNOLOGY
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 3, Issue
Abstract
The article examines the practical development of legal technology through the prism of the analysis of the technical and legal side of the most prominent sources of law of Antiquity, the Middle Ages, New and Newest times.It was found that the first historical sources of law were the Mesopotamian Acts, the Hammurabi Laws (Babylon), the laws of Manu (Ancient India). Another group of countries of the Ancient East is represented by the ancient states (Sparta, Athens, Ancient Rome). Thus, unlike in other countries, Rome was marked by the dynamic development of legal technology, which was traced in the publication of the collection of Laws XII of the tables, the professional activities of lawyers and the codification of Roman law, an example of which is the Civil Law Collection. It was investigated that during the period of the Middle Ages the main source of law in different countries remained a custom for a rather long time, and therefore the development of legal technology began with the recording of customary law, the first sources of which are considered “barbaric truths”. Subsequently, written sources of law appeared in Japan (VІІІ st.), Kievan Rus (X centuries), Italy (XI century), France (XII century), Poland (second half of the XIII century.), But they were technically imperfect, manifested in the unsystematic and casuistic presentation of legal material, legal regulation by one act of heterogeneous social relations, etc. Such a state of legal technology caused the need for codification works in different countries, which makes it possible to assert the introduction of legal techniques for the systematization of acts. The result of the systematization is evidenced by such well-known collections of law as the Saxon Mirror, Carolina (Germany), the three Lithuanian statutes, Sudebnik (1547, 1550), the Code of Law (Russia), the Kary Ordonance (France). It was analyzed that the level of legal technique of systematized acts was much higher than in the records of customary law. In the middle of the XVII century Western civilization enters a new era of modern times, characterized by an increase in the tendency for codification, and therefore, the development of rules and ways of streamlining precisely in this direction. In the period of modern time, legal technology is already considered as an independent theoretical and applied category, around which discussions are under way among well-known theorists of law.
Authors and Affiliations
О. Л. Дзюбенко
Keywords
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