根据Salic和Ripuarian法律的罪行和惩罚

A. Makutchev
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摘要

本文分析了中世纪早期法兰克刑法的主要规定,即主要犯罪类型的刑罚适用方面。这种分析是基于两个来源的规范:萨利克法(Salic Law),它当之无愧地被认为是最重要的野蛮人法律之一;以及利普里亚法(Ripuarian Law),在国内史学中研究较少,它巩固了利普里亚法兰克人的习惯法。这项研究的目的是对Salic和Ripuarian法律进行比较分析,目的是确定这两个文件的刑法的共同特征,以及反映Salic和Ripuarian Franks社会和经济发展的各个方面的特征。在进行研究的过程中,根据Ripuarian法和Salic法确定了主要刑事犯罪的资格,确定了两种来源确定的刑事立法的特征(阶级地位,物质惩罚的优势等)。在对两种法律规范进行比较的基础上,作者还得出结论,Ripuarian Law的历史价值比人们普遍认为的要高:虽然在某些部分重复了Salic Law的规范,但它并不是复制它,而是补充和扩展了法律制度号码的特征。
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Crimes and Punishments according to Salic and Ripuarian Laws
The article presents the results of the analysis of the Frankish criminal law main provisions in the Early Middle Ages, namely, the aspects of the application of punishments for the main types of crimes. This analysis was based on the norms of two sources: the Salic Law, which is deservedly considered to be one of the most important barbarian laws, and the Ripuarian Law, which is less studied in domestic historiography, which consolidated the customary law of the Ripuarian Franks. The aim of the study was a comparative analysis of the Salic and Ripuarian laws, aimed at identifying both common characteristics of criminal law for both documents, and features that reflect various aspects of the Salic and Ripuarian Franks social and economic development. In the course of the conducted research, the qualification of the main criminal offenses according to the Ripuarian and Salic Laws was determined, the characteristic features of the criminal legislation fixed by both sources were identified (class status, the predominance of material penalties, etc.). Based on the comparison of the norms of both Laws, the author also concludes that the historical value of the Ripuarian Law is higher than it is commonly believed: while repeating the norms of the Salic Law in some parts, neverthelessб it does not duplicate it, but complements and expands the characteristics of a legal institutions number.
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