{"title":"根据Salic和Ripuarian法律的罪行和惩罚","authors":"A. Makutchev","doi":"10.21639/2313-6715.2021.1.1.","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":433311,"journal":{"name":"Prologue: Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Crimes and Punishments according to Salic and Ripuarian Laws\",\"authors\":\"A. Makutchev\",\"doi\":\"10.21639/2313-6715.2021.1.1.\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":433311,\"journal\":{\"name\":\"Prologue: Law Journal\",\"volume\":\"70 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Prologue: Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21639/2313-6715.2021.1.1.\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Prologue: Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21639/2313-6715.2021.1.1.","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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.