Privilege in lawmaking process in the Ukrainian lands of the Grand Duchy of Lithuania
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
Privilege is the main result of lawmaking process in before statutes period of the Grand Duchy of Lithuania. The giving and receiving of privileges is consistent with medieval legal awareness. However, «the age of privileges» sets a number of questions to researchers. First – the question of the legal nature of privilege in the Middle Ages and its role in lawmaking process. The term «privilege» is interpreted differently. This may be a contract, patent or law. Accordingly, it has a different semantic content. For lawmaking process is important to find out the philosophical and legal aspects, the purpose of which is the disclosure of the essence of law as a social phenomenon of a society. The starting point here is the value system of particular society ie internal factors of lawmak- ing. Proposed «to include» privilege in the context of an important medieval legal phenome- non – the gift, such as reciprocal gift, which has three powers: to give, to receive, re-give. It is important to view the gift as a ritual. The gift is consider a in the context the power of Grand Duchy of Lithuania lord as a man- ifestation of private feudal power. Attention is given privileges in the truest sense – a reduced letter, which formed excep- tions to general rules for legal or natural persons. It is also a «private laws» – privileges granted to individual еstates, nations and territo- ries of the state. According to the researcher, best of all, illustrate this process privileges that granted nobility, cities, clergy, Tatars and Jews. Lawmaking interest of elites of various soci- ety groups contributed to the setting of their legal rights and status. Special privileges were regulating the legal status of Ukrainian lands in the Grand Duchy of Lithuania – Kyiv land charter (1507) and Volyn land charter (1509). Contractual element had become essential for them - the Grand Dukes of Lithuania enter into a contract with the parts of the state, defining mutual rights and obligations. Thaere lawmaking interest is in the protection and preventive spheres. Based on the analysis of structural elements and stages of lawmaking process concluded their main role in the system of law in the Ukrainian lands of the Grand Duchy of Lithuania XVI . The right in medieval society as the sum of privileges issued as an objective step in the progress from illegal (unnatural, subjective) privileges to the natural privileges and in the progress in the state building process, particularly on Ukrainian territory.
Authors and Affiliations
Tetiana Bondaruk
Keywords
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