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16 - The law

from Part II - The Expansion, Consolidation and Crisis of Muscovy (1462–1613)

Published online by Cambridge University Press:  28 March 2008

Maureen Perrie
Affiliation:
University of Birmingham
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Summary

There were significant changes in the law in this period. First, it completed the evolution from a dyadic process to a triadic process. Second, it made significant progress in the shift from a law based primarily on oral evidence to one based on written evidence. Third, it featured four major law codes, Sudebniki, which were major advances over what Russia had known previously.

The medieval legal compilation, the Russkaia pravda, which was initiated in 1016 and was completed in the 1170s, remained the ‘fundamental law’ of Russia through to 1549. What follows is a summary of the provisions of the Pravda. This will be used for comparison to illustrate the evolution of middle Muscovite law, as the era of the Sudebniki is sometimes called.

Russkaia pravda

The Pravda began as a court handbook to facilitate the protection of the people of Novgorod against mercenary Viking oppression. Accretions added around 1072 by Iaroslav’s sons, probably based on estate codes, were motivated by an attempt to protect representatives of the princely administration and their property with sanctions of various fines for homicide or theft or destruction of princely property. The so-called ‘Statute of Vladimir Monomakh’ (1113–25) dealt particularly with debt. Accretions added during the reign of Vsevolod around 1176 included a ‘slavery statute’ (in which it was observed that a slave was not an animal, but had human characteristics – ‘a to est’ ne skot’), plus articles on court procedure, penal law and inheritance.

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Publisher: Cambridge University Press
Print publication year: 2006

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References

Cherepnin, L. V., ‘Obshchestvenno-politicheskie otnosheniia v drevnei Rusi i Russkaia pravda’, in Novosel’tsev, A. P. et al., Drevnerusskoe gosudarstvo i ego mezhdunarodnoe znachenie (Moscow: Nauka, 1965).Google Scholar
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Grekov, B. D., et al. (eds.), Pravda russkaia, 3 vols. (Moscow and Leningrad: AN SSSR, 1940–63).
Hellie, Richard, ‘The Expanding Role of the State in Russia’, in Kotilaine, Jarmo T. and Poe, Marshall T. (eds.), Modernizing Muscovy: Reform and Social Change in Seventeenth-Century Russia (London: Routledge, 2003).Google Scholar
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Iakovlev, A. I. (ed.), Novgorodskie zapisnye kabal’nye knigi 100–104 i 111 godov (1591–1596 i 1602–1603 gg.) (Moscow and Leningrad: AN SSSR, 1939).
Ianov, Aleksandr, Rossiia: U istokov tragedii 1462–1584 (Moscow: Progress, 2001).
Kaiser, Daniel H. (ed. and trans.), The Laws of Rus’ – Tenth to Fifteenth Centuries (The Laws of Russia, series I, vol. I) (Salt Lake City, Ut.: Charles Schlacks, 1992).
Kashtanov, S. M., Sotsial’no-politicheskaia istoriia Rossiia, kontsa XV–pervoi poloviny XVI veka (Moscow: Nauka, 1967).
Kashtanov, S. M., ‘Feodal’nyi immunitet v gody boiarskogo pravleniia (1538–1548 gg.)’, IZ 66 (1960).Google Scholar
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  • The law
  • Edited by Maureen Perrie, University of Birmingham
  • Book: The Cambridge History of Russia
  • Online publication: 28 March 2008
  • Chapter DOI: https://doi.org/10.1017/CHOL9780521812276.017
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  • The law
  • Edited by Maureen Perrie, University of Birmingham
  • Book: The Cambridge History of Russia
  • Online publication: 28 March 2008
  • Chapter DOI: https://doi.org/10.1017/CHOL9780521812276.017
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The law
  • Edited by Maureen Perrie, University of Birmingham
  • Book: The Cambridge History of Russia
  • Online publication: 28 March 2008
  • Chapter DOI: https://doi.org/10.1017/CHOL9780521812276.017
Available formats
×