REFLECTION OF LAW OFFENSES CAUSED BY SPEECH CONFLICTS IN THE LEGAL DOCUMENTS OF THE DEVELOPMENT OF A UNIFIED MUSCOVITE STATE
The conceptual and terminological apparatus of the Russian law in the field of law offenses connected with verbal conflicts has passed through numerous stages of formation. The article analyses the legal system of Muscovite State from the beginning of its unification to the epoch of Peter the Great I (XV–XVII сenturies).
During the period of the Grand Duchy of Muscovy there formed and got legally enshrined the understanding of intangible rights when damage inflicted can be not only physical but also non-pecuniary or so called «disgrace».New types of damage to the intangible rights of a person arise and get formalized, among them some types of «insults by action» cease to occupy the main place, while the offenses committed through the use of linguistic units become recognized. «Slander» ceases to be the main offense related to verbal conflicts, an important place is occupied by «insult», special attention is paid to «the sovereign’s word and deed» – offenses related to what is interpreted in modern legislation as «calls for the overthrow of the existing constitutional order». The period under discussion sees the complicated development of terminological paradigm binding crimes caused by speech conflicts. Old concepts are replaced with new ones, which yet do not have the full scope of meaning. The role of the context of an utterance becomes important and determines the legal penalty imposed.
«Памятники русского права». М., 1956. Вып. 4.
«Памятники русского права». М., 1959. Вып. 5.
«Heritage of Russian Law» [Pamjatniki russkogo prava]. Moscow, 1956. Issue 4.
«Heritage of Russian Law» [Pamjatniki russkogo prava]. Moscow, 1959. Issue 6.
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