the main > Whole drilling > The emergence and development of the Byzantine state. State Device of Byzantia The main features of the Byzantine society and the state

The emergence and development of the Byzantine state. State Device of Byzantia The main features of the Byzantine society and the state

1) the formation and development of the Byzantine Empire

2) the legal system of Byzantium

The center of the economic and cultural life of Byzantium moves to the east. In 324, Konstantin chose a new capital in place of the Greek colony, next to the Bosphorus strait and called Constantinople. The empire divided into two parts (Western and Eastern). Byzantium (the eastern part) included the Balkan Peninsula, Malnya Asia, Syria (Damascus), Palestine (Middle East), Egypt, Western Mesopotamia, the territory of Armenia, the regions of the Western Caucasus, the island of the Aegean and Mediterranean Sea; And in the 6th century, at the time of Justinian 1, Corsica, Sardinia were included. Subsequently, the territory decreased by 4 times. In 1054, the church was split into Catholic and Orthodox. In 1261, they managed to win the conquered by Constantinople.

There was an external and internal political instability, military hiking from Osman lead to the fall of Constantinople.

Public system: teodalism.Land possession received for public service with the provision of special privileges.

Social structure:dependent then low-income peasants supportsfree wealthy georgi, dima -citizens know - dynats,higher aristocratic circles stratigs(Governor-General), logo, Sintelitics, Vashelevs(Emperor), Greek-Orthodox priests. Special position among the population was occupied stratifies.More than 80% of the military accounted for stratifiers, which in peacetime engaged in peasant activities. Stratifies are obliged to be finished all the time, were not subject to complete taxation (30-50% of total taxes), could receive cash remuneration from the state on the results of military-combat. In the 10-11 centuries, the head of state applies the distribution of land for the service. There is a rejection of land plots by Georgi, and all land owners are in possession of either emperor or private property. Gradually, most of the peasants become dependent (wigs) peasants.

Form of government: absolute monarchy. Head of State - Emperor. Konstantin brought to the level of absolutism. Theoretically, the emperor belonged to legislative, executive; possessed the right definition of taxes; the right of land tenure; right command; Appointments of governors, stratags. However, there was a institution of co-guards, which was at the lifetime of the Emperor of the heir-co-guide. The hereditary principle was established under the Macedonian dynasty. Coronation was carried out by the Patriarch or his religious leaders of the highest level. The power of the emperor was recognized as absolute, at the same time limited to the duties before Most High. The emperor was charged: to maintain and put in fulfillment of everything that is stated in the Bible; Compliance with state laws. Byzantine emperors were to defend the purity of the Orthodox religion, to obey generally accepted church laws.

There were available synclite (Senate), Consistory (State Council), ethy. The synclite was formed by the emperor, the senators were elected for a life sentence.

1) Development of draft laws, preparation of acts for signature of the head of state

2) proposal on the composition of collegial officials

3) Development and introduction of budget proposals

4) monitoring the activities of financial activities

5) Discussion and making proposals by the head of state on internal and foreign policy issues

The territory of the country consisted of fams, at the head of which the Governor General stood. The main function is to ensure the law enforcement in the mayor, the collection of taxes, the formation of armed structures from its administrative-territorial unit.

The system of church ships arises. Their jurisdiction is church crimes, issues related to inheritance, marriage (wedding, baptism, funeral). All courts were obliged to make decisions on the basis of the legal system of Byzantium.

Functions of the right:the protection of the state and the social structure of Byzantium, its state system, the form of government. Managers 4-5%, the remaining managed. Sources of law - Roman law (Code of norms, including 1) 4 books with the title of the Constitution 2) 50 Books "Digesites" 3) Code 12 Books 4) Novels of Justiniana). The norms were improved (726 g), Agricultural Law, Military Law (740 g), Sea (750 g), Vasily, 885 g - Prokt (?)

Types of legal relations: ownership, marriage family, criminal.

The Byzantine State undertakes as a result of separating the eastern part of the Roman Empire at the end of the IV century. AD It existed over a thousand years, up to the defeat in 1453 of its capital of Constantinople during the Turkish invasion.

The development of the Byzantine state, distinguished by identity, passed several stages.

First stage (IV - Mid VII century) was a period of decomposition of a slave-ownership, the origin in the depths of the Byzantine society of elements of early referral relations. The state of this period was a centralized monarchy with a developed military-bureaucratic apparatus, but with some limitations of the power of the emperor.

Second phase (From the end of the VII to the end of the XII century) was a period of formation of feudal orders. At this time, the state acquires the finished features of a peculiar form of an unlimited monarchy other than the despotic monarchies of the East and the monarchies of the feudal West. The imperial power in Byzantium reaches the highest level.

Finally, in the third stage (XIII-XV centuries) There is a deepening of the political crisis of the Byzantine society, caused by the strengthening of the process of its feudalization in the growing conditions of the Turkish military aggression. This period is characterized by a sharp weakening of the Byzantine state and its actual decay in the XIII-XIV centuries, which led it in the XV century. To death.

Byzantium has had a significant impact on the political development of the peoples of South and Eastern Europe, as well as the Transcaucasus. For a long time she was a keeper and conductor of the state-legal heritage of antiquity. The perception of the feudal states of Bulgaria, Serbia, Kievan Rus and Georgia of the vast cultural heritage of the Byzantine state has contributed to their progressive development.

Public system

Specific features of the development of the Byzantine medieval society are manifested in the first stage of its development. The process of decomposition of slave-owned orders wore a slowed down in Byzantium. The relatively high level of development of commodity-money relations, the long-term preservation of the strengths of the economic and political positions of the numerous Byzantine cities (Antioch, Alexandria, Damascus, Konstantinople, etc.) was promoted by the political stability of Byzantium and constrained the process of breakdown of the slave-ownership.

The dominant class of Byzantium IV-VII centuries. was heterogeneous. The leading economic and social positions in Byzantium occupied the old senatorial aristocracy and provincial to know, the base of the domination of which was a large private property on the land of a slave-owned type. Along with them, a high place in the social structure of the Byzantine Society was held by the city municipal top of the major cities of the Empire, especially the capital - Constantinople.

The composition of the operated part of the Byzantine society was also distinguished by significant heterogeneity. On the lowest stage of the social staircase were slaves. Their legal status determined by the standards of the Late Rime law has sharply differed from the situation of various categories of free. The latter were primarily free landowner peasants. Saving in IV-VI centuries. Free peasantry is an important feature of the social building of Byzantium. Free peasants lived in neighboring communities and possessed the right of private ownership of Earth. They were exploited directly by the Byzantine state: they paid to the gymnaste and carried a different kind of heavy property and personal duties. It was widely used in the Byzantium of this period and the Laterimsk form of the operation of peasants - coluntia.Byzantine legislation divided the colons on free and "assigned". Forced to rent land from major landowners, colons were in pervisim from his Lords. Particularly heavy was the position of "assigned" colons: they were attached to the ground. The free and "assigning" columns were obliges both in favor of their Lords and in favor of the state. The position of both categories of Byzantine Colons sharply deteriorates in the VI century.

The social system of Byzantium undergoes major changes in the prime political and social crisis of the end of the VI - the first half of the VII century. Arab invasion, the invasion of barbarians, accompanied by their mass settlement in the territory of the empire, the destruction and decline of many cities accelerated the breaking of the slave-owned and the formation of feudal orders in Byzantium. In wars and social clashes, a significant part of representatives of those social groups were killed, which dominated Byzantium in the previous period. At the same time, the preservation of state forms of ownership, community land tenure and the huge prevalence of unlimited private ownership of Earth and in the following centuries seriously slowed down the formation of new feudal property and, in addition, the development of the operation of the Byzantine peasantry.

Only to x in. The tendency to the creation of a feudal seenorial system based on the labor dependent on land magnates of the peasantry was preserved, however, control by the state. The main forms of feudal land tenure - conditional land in the form of irony, arifmos -approved even later, in the XI-XII centuries. Thus, the most famous feudal institute - the breakdown of which falls on the XII-XIII centuries., Represented various types of land awards to the penetration from the state on the conditions of serving services, usually at the lifetime of the penetration or emperor.

The slowdown nature of the development of feudal relations has determined the peculiarities of the social composition of the dominant class of Byzantine society at the second stage of its development. The dominant class at this time consisted of heterogeneous social layers: the surnone secular and church ranks, the local military-serving, and communal tops, elected from the wealthy peasantry. All of these Silb1 for a long time were not consolidated and did not develop in closed estates. The hereditary vassal-senorial system, characteristic of a developed feudal system, begins to develop in Byzantium only by the XI-XII centuries. The incomplete development of the feudal dental system caused the relative weakness of the Byzantine landowner nobility. The leading place in the structure of the dominant class of Byzantium belonged to the metropolitan nobility and the highest officials of the empire, sharply competing with the military-landowner provincial one.

And in the second period of development of the Byzantine state, numerous differences in the legal situation of certain layers of labor population remained. In Byzantium, the formation of the class of feudal-dependent peasantry stretched for a long time. In the Empire, a significant category of free peasants-communists remained, as well as a special layer of state peasants sitting on the lands belonging to the treasury and the emperor. Both of these categories of peasants were operated mainly in a centralized form through the state tax system. Cutting peasants sitting on state lands actually become serfs at this time: they are attributed to the treasury and lose freedom of movement. They were supposed to pay the canon - parmel tax, a pioneer, state bread rent, cattle tax. Especially ruining for the peasants-communities was the obligation to pay taxes for the wise and abandoned land of neighbors.

From the XI-XII centuries. There is a steady increase in the number of private owner peasants due to peasants of free and even state, which indicates the formation of a feudal type in the Byzantium. Private owner Byzantine peasants were called wigs.They did not have ownership of land and were considered as hereditary holders of their incidents, they were obliged to pay Mr Rente in the workshop, natural, monetary forms. Unlike state peasants, they were not attached to the Earth until the XIII-XIV centuries.

The lower position in the Byzantine society, as before, was occupied by slaves. Long-term slavement preservation was a characteristic feature of the public building of Byzantium. Slave labor was widely used in the household of the Byzantine nobility. The servants - the slaves of Constantinople's nobles were calculated by hundreds. In the X-XI centuries. The social position of Byzantine slaves is somewhat improving, they, for example, get the right to conclude a church marriage. The appeal to slavery is supposed. Slaves are often transferred to the position of wigs. In the XI-XII centuries. The trend towards the erasure of the faces between the slaves and other categories of the underlying classes of Byzantium.

Political system

Byzantine state of the IV-VII centuries. Inherited, with those or other features, the main features of the state system of the Late Rime Empire. The head of the state stood the emperor, the heir to the authorities of the Roman Caesarians. He had all the completeness of the legislative, judicial and executive authority and was a supreme patron and defender of the Christian Church. The Byzantine Orthodox Church played a huge role in strengthening the authority of the emperor.

It was the church that developed and sanctified the official doctrine of the divine origin of the imperial power and preached the unity of the state and church, spiritual and worldly power (their symphony). In contrast to the Catholic (Western), the Byzantine Church in a much greater extent economically and politically depended on the emperor, as it existed in the conditions of a powerful centralized state.

The Earlyzantine Church was directly subordinate to the emperor. The most fastenedly intervened in the leadership of the Church's church, Emperor Justinian 1, often applied to the highest church hierarchs (bishops and patriarchs) as with their officials.

The power of the Byzantine emperor in the IV-VII centuries. Not arbitrary. With the entire latitude of the powers of the emperor, she died the need to follow the "general laws" of the empire and especially the lack of the principle of heredity of the throne. The new Byzantine emperor was elected by the Senate, the "People of Constantinople" and the army whose role in the election of the emperor of Byzantium was steadily fell.

An important factor in the political life of the Byzantine state of this time was the approval of the candidacy of the emperor "People of Constantinople". Back in IV century The imperial decree "People of Constantinople" - various social layers and groupings of the population of the capital, which was gathered at the Constantinople hippodrome, was given the right to express requests and to impose the requirements of the emperor. On this basis, special political organizations have emerged in Byzantium - the so-called city parties (Dima).Social support of the two largest dims - they were called "blue" and "green" - constituted various groups of the dominant class. The first supported the senatorial and municipal aristocracy, the second - the trade and financial top of the Byzantine cities. Dima had a certain organization and even armed detachments. In V c. Similar organizations in the type of metropolitan dimov were also created in other cities of the Byzantine Empire. They turned over time in a kind of community organizations, closely related to each other. In IV-VI centuries. The role of Dimov in political life was significant. Byzantine emperors were to often make a bet in their policies for one of these parties.

Another factor restraining the selfhood of the emperor was the presence of a special state body of the Byzantine aristocracy - constantinople Senate.In the Senate could be considered any affairs of the empire. Its influence was provided by the composition of the Senate, which included almost the entire ruling top of the dominant class of Byzantium. To V c. The number of senators was 2 thousand people. The discussion of public affairs to the Senate, as well as his right to participate in the election of the new emperor provided by the Byzantine aristocracy, a well-known share in the leadership of the Empire affairs.

That is why the Earlyzantine emperors, including the most powerful Justinian 1, recognized the need for the "consent of the Great Senate and People" in legislative acts. This indicates the sustainability of some political traditions that remain over the time of republican statehood.

From viii century. New strengthening of the central authorities of Byzantium begins. It for a long time determined the development of the Byzantine statehood. The base of the centralization and the broad conquest policy of Byzantium in the IX-X centuries. Served the stabilization of the economy on a new feudal basis. The Byzantine State, which has reached the highest development during the Board of the Macedonian dynasty (867-1057), sought to control all directions of the economic, political and cultural life of the country with the help of a huge bureaucratic apparatus. The rigidly centralized nature of the empire has sharply distinguished by the Byzantium from the modern European feudal states.

In the VIII century Political organizations and institutions that previously restrained the Vsevililation of the Byzantine Emperor come into decay or completely eliminated. With IX century Even the nominal proclamation of the emperor "People of Constantinople" stops. The political role of the Constantinople Senate, who fell back at the end of the VII century, is finally reduced to no imperial decree of the end of the IX century, who deprived the Senate the right to participate in the legislation of the Empire.

The Orthodox (Greek) Church remains the only major political force in the Byzantine state. Its authority and influence are strengthened. In particular, the role of the head of the Church of the Konstantinople Patriarch in the socio-political life of Byzantium is increasing. The patriarchs often become rents of juvenile emperors and directly interfere with the political struggle for the throne, using the fact that the only procedure, legalizing "supplying the kingdom", becomes with the VII century. The wedding of Emperor Patriarch in the temple of St. Sophia. However, at this time, the Byzantine Church failed to achieve independence from the imperial power. The emperor retained the right to choose a patriarch of three candidates recommended by church hierarchs, and navigate a dismissal patriarch.

Strengthening the foundations of the imperial power in the VIII-IX centuries. accompanied by changing its attributes. The Byzantine emperors finally approved by the Greek titles of Vasilevs (king) and the autocratrum (self-container). The cult of Emperor-Vasilevs reaches unprecedented sizes. The divine emperor was considered the Vladyka of the Universe (Okumen). His prerogatives were unlimited. Vasilev issued laws, appointed and displaced the highest officials, was the supreme judge and the commander of the army and the fleet.

It is characteristic that at such a omiguration, its position was not very strong. Approximately half of all the Byzantine emperors were deprived of power for violently. The System of the Prepolyasian for a long time for the Byzantines was absent: the son of Va-Silev was not considered custom as a mandatory legal heir. The emperor did not make birth, but "divine election." Therefore, the emperors widely practiced the institute of co-guards, thus choosing, thus, during the lifetime of the heir, the principle of legitimate prestiplotia begins to be approved by Byzantium only from the end of the XI century.

Traditionalism, the routine of ceremonials worked out to the smallest details and consecrated custom, seriously the personal capabilities of the emperors were seriously shot. Their real power, according to a number of researchers, begins to easily weaken. This was facilitated by new trends generated by the impact of feudal relations. As far as the mobility between emperors and major feudal landowners (Di-Natima) are developed in the Byzantium of feudal immigrants (Di-Nats) for the Byzantine State Practice of Senorial-Vassal Relations. Starting with x in. Byzantine autocrats are often forced to conclude feudal treaties with some of their subjects - dynamines, taking on the responsibilities of feudal seen.

For the state system of Byzantium, the main stages of its development are characterized by the presence of a huge bureaucratic apparatus, both the central and local. It was based on a strict hierarchy. All Byzantine officials were divided into ranks (titles). Their system was deeply designed. In x in. In the Byzantine "table of ranks" there were 60 such ranks. The central administration of the empire focused on State Council (consistory,and later synclite).It was the highest body under the Emperor, who led by the current affairs of the state. Its functions were not clearly defined, and in practice he played a considerable political role. The State Council consisted of the highest state and palace ranks, which are the closest assistants of the emperor. Their number included two prefects of Pretoriaprefect Constantinople, Master and Quester Palace, two comic finances. These top officials of the empire have extensive powers, including judicial. Thus, the two prefects of Pretoria were the highest leaders of the local state apparatus; Prefect of Constantinople was a civil ruler of the capital and the chairman of the Senate.

Important functions have and higher palace ranks: master -head of Palace I. quester -chief Lawyer and Consistory Chairman. They carried out directly managing the affairs of the empire with an extensive bureaucratic apparatus. The total number of Byzantine officials at this time was huge. Only in the depths of the two prefects of Pretoria was at least 10 thousand civilian officials.

The role of the central state apparatus has increased in the IX-XI centuries. The state bureaucratic apparatus at this time controlled all areas of the political, economic and even cultural life of Byzantium. His structure has become even more complex and cumbersome. The number of departments ("secrets") increased to 60. With IX century. Due to the growth of the imperial economy and the courtyard, the Palace Administration is complicated. The differences between government departments and palace services are becoming less and less clear. The Palace Administration is increasingly invading in the leadership of national affairs. Another feature characteristic of the central administration of the Byzantium of this time is spraying of individual state functions between different, often duplicating each other by government departments. So, financial management was divided from the VII century. For some unpleasured each other "secrets". The judicial functions were divided between various institutions: the court of Patriarch, the court of the city prefect (Epara), a special court for the Palace Services of the Emperor, etc.

Local governance

The local state apparatus of the Empire in the IV-VII centuries. The whole was based on the Laterimian Management System (division at prefectures, diceses and provinces). Civilian government was separated from the military and possessed in this period priority over the latter. At the head of the local government of the empire stood two prefects of Pretoria. These top civil officials have a broad administrative, judicial and financial power. In the immediate subordination of the prefects were civil rulers of diceses and provinces. The rulers of the provinces, the main link of local governance, along with extensive administrative and financial powers possessed the judicial authority. They were the judges of the first instance on all significant judicial affairs within the province.

In the VII century A new, fah system has come to replace the old system. The befems arose as military districts and were originally much larger than old provinces. The chapter of the fams stood stratags that were united in their hands the full fullness of military and civil power. The priority of the local government of the empire was a consequence of the exacerbation of the foreign policy situation and social-class antagonisms of the Byzantine society. In the future, with the strengthening of the feudalization of the Byzantine society, the feta organization of local government begins to weaken in the XI century. Finally comes in decline.

At the turn of the XI-XII centuries. The high-centralized Byzantine state becomes an objective brake that prevented the progressive development of the peoples who were part of Byzantium.

The political and socio-economic crisis of Byzantium in the XIII century. And the subsequent death of the Byzantine state has become a natural historical outcome.

1. The state was obliged by the end of the 4th century AD. and existed to 1453g. Stages:

1) 4 - Ser.7VV. - The period of decomposition of the slave-ownership. The state was a centralized monarchy with a developed bureaucratic apparatus, but with some restrictions of the power of the emperor

2) K.7 - K.1WV. - The period of formation of feudal orders. The state acquires completed features of a peculiar form of an unlimited monarchy, which was different from the Eastern Despoty and the Western European monarchy. This stage was the peak of the development of Byzantium.

3) 13-15VV. - Political crisis of society, strengthening of feudalization, the actual decay of the state under pressure from the Turkish aggression.

The meaning of Byzantium: influenced the development of the peoples of South and Eastern Europe, Transcaucasia, is a keeper and conductor of the state-legal heritage of antiquity.

2. For the Byzantium, very slow feudalization is characteristic. Up to 11-12VV. There were slaves.

At the stage of the premediation class was not uniform. The leading place occupies an old provincial one to know, senatorial aristocracy. The basis of the state is a large private ownership of a slave-owned land. High place occupied the urban tip of major cities. Operated part of heterogeneous. Slaves occupied the lower position. Free peasants and landowners were a singularity of the social structure of Byzantium. They lived in neighboring communities, had the right to private property and to Earth were operated by the state. A column form of peasant operation is used. The colons were forced to rent the land from major landowners and were dependent on them. The columns shared on free and assigned. Free carried away of the municipality both in favor of the Lords and the state. The asscript was attached to the ground. Changes in public strictly occurred as a result of the invasion of the barbarians and their settlement in the territory of the Empire. The invasions accelerated the breaking of the slaveholding orders, but the preservation of community land ownership, state forms of ownership, nothing without limited private property slowed down the formation of a new feudal property. The main forms of feudal land tenure, i.e. Conditional land salary in the form of award and arithmos is approved only at 11-12VV. Prize - various types of land awards from the state under the conditions of service of service during the life of the penetration or emperor.

At the stage of the 2nd stage, the dominant class consisted of heterogeneous social layers, sander, secular and church ranks, a local military personnel of the tip of the top. They were not combined between themselves and did not develop in a closed estate. The hereditary vassal-sedenser system begins to develop only to 11V., But the free community peasants are preserved, state peasants who were exploited by the state with the help of the tax system. They actually became serfs, attributed to the treasury and did not have the right to freedom of movement.

Means:

pasmodal tax

tax

state Bread Rent.

cat tax

tax for abandoned land

From 11V. The growth of private ownership peasants, who have not had ownership of land, were considered as hereditary holders of their incidents, were obliged to pay Mr. Rent to work out, in kind or money forms. Unlike public private, they were not attached to Earth to 13-14VV.

3. Inherited the main features of the Posnormal Empire. The head of state is the emperor (the heir of the Caesar's power), possessed the fullness of legislative, executive and judiciary, was a supreme patron and defender of the Christian Church.

The Orthodox Church played a role in strengthening the authority of the emperor. The theory of "Symphony" of state and church power is born here. It was the church that developed the divine origin of the imperial power and preached the unity of the state and the church, i.e. spiritual and church power. The Byzantine Church was subordinate to the emperor directly.

The power of the emperor at the first stage was not a derivative, it was limited to the need to follow the general laws of the Empire and the absence of the principle of the inheritance of the throne. The new emperor was elected by the Senate, the people of Constantinople and the army.

At all stages for Byzantium, the presence of a huge bureaucratic apparatus, a strict hierarchy: officials are divided into ranks (at 10V. There were 60 ranks). Centralized management was concentrated in the State Council (consistor or synclite). The synclite is the highest authority under the emperor, who led all the current affairs of the state. Functions are clearly not defined, consisted of the highest state and palace ranks. The role of the state apparatus increases in 9-11VV. He controlled all spheres of society. The number of departments increases to 60, at the same time the palace administration is complicated. The difference between government departments and palace services is becoming less and less clear. Palace administration begins to invade public affairs. The second feature of the centralized control was spraying of individual state functions between various duplicate government departments.

The judicial functions are divided between different institutions: the court of the patriarch, the city prefect, a special court for special cases.

Local control: At the stage of the 1st stage, the Late Rime Management System is maintained, where civil power is separated and was the main one. At the head of the control 2 prefect. In the 7th century, a new femdom system comes. FEMEs - Military District, at the head of which stood stories that united all the completeness of civil authorities.

The development of the Byzantine state, distinguished by identity, passed several stages. The first stage (IV is the middle of the VII century) was a period of decomposition of a slave-ownership, the origin in the depths of the Byzantine society of elements of early refortional relations. The state of this period was a centralized monarchy with a developed military-bureaucratic apparatus, but with some limitations of the power of the emperor. The second stage (from the end VII to the end of the XII century) was a period of formation of feudal orders. At this time, the state acquires the finished features of a peculiar form of an unlimited monarchy other than the despotic monarchies of the East and the monarchies of the feudal West. The imperial power in Byzantium reaches the highest level. Finally, in the third stage (XIII-XV centuries), there is a deepening of the political crisis of the Byzantine society caused by the strengthening of the process of its feudalization under the growing conditions of the Turkish military aggression. This period is characterized by a sharp weakening of the Byzantine state and its actual decay in the XIII-XIV centuries, which led it in the XV century. To death.

Public system. Specific features of the development of the Byzantine medieval society are manifested in the first stage of its development. The process of decomposition of slave-owned orders wore a slowed down in Byzantium. The relatively high level of development of commodity-money relations, the long-term preservation of the strengths of the economic and political positions of the numerous Byzantine cities (Antioch, Alexandria, Damascus, Konstantinople, etc.) was promoted by the political stability of Byzantium and constrained the process of breakdown of the slave-ownership.

The composition of the operated part of the Byzantine society was also distinguished by significant heterogeneity. On the lowest stage of the social staircase were slaves. Their legal status determined by the standards of the Late Rime law has sharply differed from the situation of various categories of free. The latter were primarily free landowner peasants. Saving in IV-VI centuries. Free peasantry is an important feature of the social building of Byzantium. Free peasants lived in neighboring communities and possessed the right of private ownership of Earth. They were exploited directly by the Byzantine state: they paid to the gymnaste and carried a different kind of heavy property and personal duties. Widely used in the Byzantium of this period and the Laterimsk form of operation of peasants - coluntia. Byzantine legislation divided the colons on free and "assigned". Forced to rent the land from major landowners, the colons were dependent on their Lords. Particularly heavy was the position of "assigned" colons: they were attached to the ground. The free and "assigning" columns were obliges both in favor of their Lords and in favor of the state. The position of both categories of Byzantine Colons sharply deteriorates in the VI century.

Only to x in. The tendency to the creation of a feudal seenorial system based on the labor dependent on land magnates of the peasantry was preserved, however, control by the state. The main forms of feudal land tenure - contingent land in the form believe, Arifmos - Approved even later, in the XI-XII centuries. Thus, the most famous feudal institute - the breakdown of which falls on the XII-XIII centuries., Represented various types of land awards to the penetration from the state on the conditions of serving services, usually at the lifetime of the penetration or emperor.

The slowdown nature of the development of feudal relations has determined the peculiarities of the social composition of the dominant class of Byzantine society at the second stage of its development. The dominant class at this time consisted of heterogeneous social layers: the surnone secular and church ranks, the local military-serving, and communal tops, elected from the wealthy peasantry. All these forces have not been consolidated for a long time and did not develop in closed classes. The hereditary vassal-senorial system, characteristic of a developed feudal system, begins to develop in Byzantium only by the XI-XII centuries. The incomplete development of the feudal dental system caused the relative weakness of the Byzantine landowner nobility. The leading place in the structure of the dominant class of Byzantium belonged to the metropolitan nobility and the highest officials of the empire, sharply competing with the military-landowner provincial one.

From the XI-XII centuries. There is a steady increase in the number of private owner peasants due to peasants of free and even state, which indicates the formation of a feudal type in the Byzantium. Private owner Byzantine peasants were called wigs. They did not have ownership of land and were considered as hereditary holders of their incidents, they were obliged to pay Mr Rente in the workshop, natural, monetary forms. Unlike state peasants, they were not attached to the Earth until the XIII-XIV centuries.

Political system. Byzantine state of the IV-VII centuries. Inherited, with those or other features, the main features of the state system of the Late Rime Empire. The head of the state stood the emperor, the heir to the authorities of the Roman Caesarians. He had all the completeness of the legislative, judicial and executive authority and was a supreme patron and defender of the Christian Church. The Byzantine Orthodox Church played a huge role in strengthening the authority of the emperor.

The Earlyzantine Church was directly subordinate to the emperor. The most fastenedly intervened in the leadership of the Church's church, Emperor Justinian I, often appealed to the highest church hierarchs (bishops and patriarchs) as with his officials.

An important factor in the political life of the Byzantine state of this time was the approval of the candidacy of the emperor "People of Constantinople". Back in IV century The imperial decree "People of Constantinople" - various social layers and groupings of the population of the capital, which was gathered at the Constantinople hippodrome, was given the right to express requests and to impose the requirements of the emperor. On this basis, special political organizations have emerged in Byzantium - the so-called city parties (Dima). Social support of the two largest dims - they were called "blue" and "green" - constituted various groups of the dominant class. The first supported the senatorial and municipal aristocracy, the second - the trade and financial top of the Byzantine cities. Dima had a certain organization and even armed detachments. In V c. Similar organizations in the type of metropolitan dimov were also created in other cities of the Byzantine Empire. They turned over time in a kind of community organizations, closely related to each other. In IV-VI centuries. The role of Dimov in political life was significant. Byzantine emperors were to often make a bet in their policies for one of these parties.

Another factor restraining the selfhood of the emperor was the presence of a special state body of the Byzantine aristocracy - constantinople Senate. In the Senate could be considered any affairs of the empire. Its influence was provided by the composition of the Senate, which included almost the entire ruling top of the dominant class of Byzantium. To V c. The number of senators was 2 thousand people. The discussion of public affairs to the Senate, as well as his right to participate in the election of the new emperor provided by the Byzantine aristocracy, a well-known share in the leadership of the Empire affairs.

That is why the Earlyzantine emperors, including the most powerful Justinian I, recognized the need for the "consent of the Great Senate and People" in legislative acts. This indicates the sustainability of some political traditions that remain over the time of republican statehood.

Strengthening the foundations of the imperial power in the VIII-IX centuries. accompanied by changing its attributes. The Byzantine emperors finally approved by the Greek titles of Vasilevs (king) and the autocratrum (self-container). The cult of Emperor-Vasilevs reaches unprecedented sizes. The divine emperor was considered the Vladyka of the Universe (Okumen). His prerogatives were unlimited. Vasilev issued laws, appointed and shifted the highest officials, was the supreme judge and the commander of the army and the fleet.

Traditionalism, the routine of ceremonials worked out to the smallest details and consecrated custom, seriously the personal capabilities of the emperors were seriously shot. Their real power, according to a number of researchers, begins to easily weaken. This was facilitated by new trends generated by the impact of feudal relations. As the feudalism is developed in the Byzantium between emperors and major feudal landowners (dinates), new for the Byzantine state practice of senorial-vassal relationships are developing. Starting with x in. Byzantine autocrats are often forced to conclude feudal treaties with some of their subjects - dynamines, taking on the responsibilities of feudal seen.

For the state system of Byzantium, the main stages of its development are characterized by the presence of a huge bureaucratic apparatus, both the central and local. It was based on a strict hierarchy. All Byzantine officials were divided into ranks (titles). Their system was deeply designed. In x in. In the Byzantine "table of ranks" there were 60 such ranks. The central administration of the empire focused on State Council (consistory, And later synclite). It was the highest body under the Emperor, who led by the current affairs of the state. Its functions were not clearly defined, and in practice he played a considerable political role. The State Council consisted of the highest state and palace ranks, which are the closest assistants of the emperor. They included both pretoria Prefect Prefect Constantinople, Master and Quester Palace, two comic finances. These top officials of the empire have extensive powers, including judicial. Thus, the two prefects of Pretoria were the highest leaders of the local state apparatus; Prefect of Constantinople was a civil ruler of the capital and the chairman of the Senate.

Important functions have and higher palace ranks: master - Head of Palace I. quester - Chief Lawyer and Consistory Chairman. They carried out directly managing the affairs of the empire with an extensive bureaucratic apparatus. The total number of Byzantine officials at this time was huge. Only in the depths of the two prefects of Pretoria was at least 10 thousand civilian officials.

Local control. The local state apparatus of the Empire in the IV-VII centuries. The whole was based on the Laterimian Management System (division at prefectures, diceses and provinces). Civilian government was separated from the military and possessed in this period priority over the latter. At the head of the local government of the empire stood two prefects of Pretoria. These top civil officials have a broad administrative, judicial and financial power. In the immediate subordination of the prefects were civil rulers of diceses and provinces. The rulers of the provinces, the main link of local governance, along with extensive administrative and financial powers possessed the judicial authority. They were the judges of the first instance on all significant judicial affairs within the province.

Army. In IV-VII centuries. The Army of Byzantium was built on the Late Rime principle, with division into border and mobile troops. In order to weaken the threat of seizure of power by the military leaders, the Byzantine emperors practiced the fragmentation of the top management of the army between five leaders (master). The composition of the Byzantine army gradually changed. In the VI - VII centuries. Contingents of barbarians play an increasing role in the army.

The basis of the army with the beginning of the second period of development of the Byzantine state (the end of the VII-IX century) was the stratiotic (peasant) militia. At this time, a powerful military fleet was created in Byzantium.

Further transformation, the Byzantine army experienced in the next X-XI centuries. With the strengthening of the feudalization process, the stratiotic militia was broken. The core of the army becomes an cavalry, consisting of economically and socially urban stratiotic tops. It was already a professional army, not possessing, however, high combat capability. Therefore, the Byzantine emperors increasingly began to resort to the help of hired foreign detachments (mainly from Western Europe and Kievan Rus). In organizational terms, the Byzantine army, as before, was subdivided into two parts: the metropolitan and local (femines) contingents, and the role and significance of the latter steadily fell.

At the turn of the XI-XII centuries. The high-centralized Byzantine state becomes an objective brake that prevented the progressive development of the peoples who were part of Byzantium.

The political and socio-economic crisis of Byzantium in the XIII century. And the subsequent death of the Byzantine state has become a natural historical outcome.

Higher professional education

"Institute of Law and Economics"

Department of State Legal Disciplines

abstract

on the subject of the history of the state and the rights of foreign countries

for the topic: "State and the right of Byzantium."

Completed: Student 1 course

Law Faculty

(Group: USD-9-1)

Samsonov A.A.

Introduction

1. Public system

2. State Stroy

3. The right of Byzantium. General provisions

4. The main monuments of the Byzantine law of the VIII-XIV century.

List of used literature

Introduction

The Byzantine State undertakes as a result of separating the eastern part of the Roman Empire at the end of the IV century. n. e. It existed over a thousand years to the defeat in 1453 of its capital of Constantinople during the Turkish invasion.

The development of the Byzantine state, distinguished by identity, passed several stages. The first stage (IV is the middle of the VII century) was a period of decomposition of a slave-ownership, the origin in the depths of the Byzantine society of elements of early refortional relations. The state of this period was a centralized monarchy with a developed military-bureaucratic apparatus, but with some limitations of the power of the emperor. The second stage (from the end VII to the end of the XII century) was a period of formation of feudal orders. At this time, the state acquires the completed features of a peculiar form of an unlimited monarchy other than the despotic monarchies of the East and the monarchies of the feudal West: the imperial power in Byzantium reaches the highest level. Finally, in the third stage (in the XIII-XV centuries), there is a deepening of the political crisis of the Byzantine society caused by the strengthening of the process of its feudalization under the growing conditions of the Turkish military aggression. This period is characterized by a sharp weakening of the Byzantine state and its decay in the XIII-XIV centuries, which ultimately led it in the XV century. To death.

Byzantium has had a significant impact on the political development, peoples of South and Eastern Europe, as well as Transcaucasia. For a long time she was a keeper and conductor of the state-legal heritage of antiquity. The perception of the feudal states of Bulgaria, "Serbia, Kievan Rus and Georgia of the vast cultural heritage of the Byzantine state has contributed to their progressive development.

1. Public system .

The dominant class of Byzantium IV-VII centuries. was heterogeneous. Leading economic and social positions in Byzantium occupied

the old senatorial aristocracy and provincial know, the domination base was a large private property on the land of a slave-owned type. Along with them, a high place in the social structure of the Byzantine society was held by the city municipal top of the major cities of the Empire, especially the capital of Constantinople.

The composition of the operated part of the Byzantine society was also distinguished by significant heterogeneity. On the lowest stage of the social staircase were slaves. Their legal status determined by the standards of the Late Rime law has sharply differed from the situation of various categories of free. The latter were primarily free landowner peasants. Saving in IV-VI centuries. Free peasantry is an important feature of the social building of Byzantium. Free peasants lived in neighboring communities and had the right. private ownership of land. They were exploited directly by the Byzantine state: they paid to the gymnaste and carried a different kind of heavy property and personal duties. Widely used in the Byzantium of this period and the Late Rime-Sky Form of the Forest System - Coluntia. Byzantine legislation divided the colons on free and "assigned". Forced to rent the land from major landowners, the colons were dependent on their Lords. Particularly heavy was the position of "assigned" colons: they were attached to the ground. The free and "assignant" colons carried the duties both in favor of their Lords and in favor of the state. The position of both categories of Byzantine Colons sharply deteriorates in the VI century.

The public system of Byzantium undergoes serious changes in the progress of the most acute political and social crisis of the end of the VI - the first half of the VII century. Arab invasion, the invasion of barbarians, accompanied by their mass settlement in the territory of the empire, the destruction and decline of many cities accelerated the breaking of the slave-owned and the formation of feudal orders in Byzantium. In wars and social clashes, a significant part of representatives of those social groups were killed, which dominated Byzantium in the previous period. At the same time, the preservation of state forms of ownership, community land tenure and the tremendous prevalence of unlimited private ownership of Earth and in the following centuries seriously slowed down the formation of new feudal property and in addition to the development of the feudal exploitation of the Byzantine peasantry.

Only to x in. The tendency to the creation of a feudal-dealer system based on the labor dependent on land magnates of the peasantry was preserved, however, control by the state. The main forms of feudal land tenure are conditional land in the form of penetration, arithmos - are approved even later, in the XI-XII centuries. So, the most famous feudal institute - prokia The flourishing of which falls on the XII-XIII centuries., represented various types of land awards to the penetration. States on the conditions of service carrying, usually at the lifetime of pro-Niara or the emperor.

The slowdown nature of the development of feudal relations has determined the peculiarities of the social composition of the dominant class of Byzantine society at the second stage of its development. The dominant class at this time consisted of heterogeneous social layers: the surnone secular and church ranks, the local military-serving, and communal tops, elected from the wealthy peasantry. All these strength has not been consolidated for a long time and did not develop in closed classes. The hereditary vassal-dental system, characteristic of a developed feudal system begins to develop in Byzantium only by the XI-XII centuries. The incomplete development of the feudal dental system caused the relative weakness of the Byzantine landowner nobility. The leading place in the structure of the dominant class of Byzantium belonged to the metropolitan nobility and the highest officials of the empire, sharply competing with the military-landowner provincial one.

And in the second period of development of the Byzantine state, numerous differences in the legal status of certain layers of labor population are preserved. In Byzantium, the formation of the class of feudal-dependent peasantry stretched for a long time. In the Empire, a significant category of free peasants-communists remained, as well as a special layer of state peasants sitting on the lands belonging to the treasury and the emperor. Both of these categories of peasants were operated mainly in a centralized form through the state tax system. Cutting peasants sitting on state lands actually become serfs at this time: they are attributed to the treasury and lose freedom of movement. They were supposed to pay the canon - parmel tax, a pioneer, state bread rent, cattle tax. Especially ruining for the peasants-communities was the obligation to pay taxes for the wise and abandoned land of neighbors.

From the XI-XII centuries. There is a steady, the growth of the number of private peasants at the expense of peasants of free and even state, which indicates the formation of a feudal type in the Byzantium. Private owner Byzantine peasants were called wigs. They did not have ownership of land and were considered the hereditary holders of their incidents, were obliged to: to pay Mr. Rent in the workshop, natural, monetary, forms. Unlike state peasants, they were not attached to the Earth until the XIII-XIV centuries.

The lower position in the Byzantine society, as before, was occupied by slaves. Long-term slavement preservation was a characteristic feature of the public building of Byzantium. The slave labor was widely used in the household of the Byzantine nobility: servants - the slaves of Constantinople's nobles were calculated by hundreds. In the X-XI centuries. The social position of Byzantine slaves is somewhat improving, they, for example, get the right to conclude a church marriage. Perfect the appeal to slavery. Slaves are often transferred to the position of wigs. In the XI-XII centuries. The trend towards the erasure of the faces between the slaves and other categories of the underlying classes of Byzantium. |

2. State Stroy

Byzantine state of the IV-VII centuries. Inherited, with those or other features, the main features of the state system of the Late Rime Empire. The head of the state stood the emperor, the heir to the authorities of the Roman Caesarians. He had all the completeness of the legislative, judicial and executive authority and was a supreme patron and defender of the Christian Church. Byzantine Orthodox Church played a huge role in strengthening the authority of the emperor.

The power of the Byzantine emperor in the IV-VII centuries. It was not, however, arbitrary. With the entire latitude of the powers of the emperor, she died the need to follow the "general laws" of the empire and especially the absence of the principle of heredity of the throne. The new Byzantine emperor was elected by Senate, the "People of Constantinople" and the army whose role in the election of Emperor Byzantium was steadily fell.

An important factor in the political life of the Byzantine state of this time was the approval of the candidacy of the emperor "People of Constantinople". Back in IV century The imperial decree was given the right to express requests and to make the Emperor to the "people of Constantinople", various social sections and groupings of the population of the capital, who were collected at the Konstantinople hippodrome. On this basis, special political organizations arose in Byzantium - the so-called city parties (Dima). The social support of the two largest dimes - they were called "blue" and "green" - constituted various groups of the dominant class. First supported the Senatorial and Municipal Aristocracy, the second is the trade and financial top of the Byzantine cities. Dima had a certain organization and even armed detachments. In V c. Similar organizations, according to the type of metropolitan dimov, were also created in other cities of the Byzantine Empire. They turned over time in a kind of community organizations, closely related to each other. In IV-VI centuries. The role of Dimov in political life was very significant. Byzantine emperors were to often make a bet in their policies for one of these parties.

Another factor restraining the selfhood of emperors was the presence of a special state body of the Byzantine aristocracy - Constantinople Senate. In the Senate could be considered any affairs of the empire. Its influence was provided by the composition of the Senate, which included almost the entire ruling top of the dominant class of Byzantium. To V c. The number of senators was 2 thousand people. The discussion of public affairs to the Senate, as well as his right to participate in the election of the new emperor provided by the Byzantine aristocracy, a well-known share in the leadership of the Empire affairs.

That is why the Earlyzantine emperors, including the most powerful Justinian I, recognized the need for the "consent of the Great Senate and the People" in the legislative acts. This indicates the sustainability of some political traditions that remain over the time of republican statehood.

From viii century. New strengthening of the central authorities of Byzantium begins. It for a long time determined the development of the Byzantine statehood. The base of centralization and broad gaining policies

Byzantium in the IX century. Served the stabilization of the economy on a new feudal basis. The Byzantine State, which has reached the highest development during the Board of the Macedonian dynasty (867-1057), sought to control all directions of the economic, political and cultural life of the country with the help of a huge bureaucratic apparatus. The rigidly centralized nature of the empire has sharply distinguished by the Byzantium from the modern European feudal states.

The only major political force in the Byzantine state remains Orthodox (Greek) church. Its authority and influence are strengthened. In particular, the role of the head of the Church, Constantinople Patriarch, In the socio-political life of Byzantium. Patriarchs often become rents of juvenile emperors and directly interfere with the political struggle for the throne, using the fact that the only procedure, provoking "putting on the kingdom", becomes from the VII century. The wedding of Emperor Patriarch in the temple of St. Sophia. However, at this time, the Byzantine Church failed to achieve independence from the imperial power. The emperor retained the right to choose a patriarch of three candidates recommended by church hierarchs, and navigate a dismissal patriarch.

Strengthening the foundations of the imperial power in the VIII-IX centuries. accompanied by changing its attributes. The Byzantine emperors finally approved by the Greek titles of Vasilevs (king) and autocrat-torus (autocrat). The cult of Emperor-Vasilevs reaches unprecedented sizes. The divine emperor was considered the Vladyka of the Universe (Okumen). His prerogatives were unlimited. Vasilev issued laws, appointed and displaced the highest officials, was the supreme judge and the commander of the army and the fleet.

It is characteristic that at such a omiguration, its position was not very strong. Approximately half of all the Byzantine emperors were deprived of power for violently. The Swing System for a long time by the Byzantines was absent: the son of Vasiles was not considered custom as a mandatory legal heir. The emperor did not make birth, but "Divine election." Therefore, the emperors widely practiced the institute of co-guards, choosing, therefore, during the life of the heir. The principle of legal throne is beginning to be approved in Byzantium only from the end of the XI century.

Traditionalism, the routine of ceremonials worked out to the smallest details and consecrated custom, seriously the personal capabilities of the emperors were seriously shot. Their real power, according to a number of researchers, begins to easily weaken. This was facilitated by new trends generated by the impact of feudal relations. As the feudalism is developed in the Byzantium between emperors and major feudal landowners (dinates), new for the Byzantine state practice of senorial-vassal relationships are developing. Starting with x in. Byzantine autocrats are often forced to conclude feudal treaties with some of their subjects - dynamines, taking on the responsibilities of feudal seen.

For the state system of Byzantium, the main stages of its development are characterized by the presence of a huge bureaucratic apparatus, both the central and local. It was based on a strict hierarchy. All Byzantine officials were divided into ranks (titles). Their system was deeply designed. In x in. In the Byzantine "table of ranks" there were 60 such ranks. The central administration of the Empire focused on State Council (consistory, And later synclite). It was the highest body under the Emperor, who led by the current affairs of the state. His features were not clearly defined and in practice he played a considerable political role. The State Council consisted of the highest state and palace ranks, which are the closest assistants of the emperor. Their number included two prefects of Pretoria Prefect Constantinople, Master and Quester Palace, two comic finances. These top officials of the empire have extensive powers, including judicial. Thus, the two prefects of Pretoria were the highest leaders of the local state apparatus; Prefect of Constantinople was a civil ruler of the capital and the chairman of the Senate.

The highest palace ranks have important functions: Master - Chief of Palace and Quester - Chief Lawyer and Consistory Chairman. They carried out direct management of the Empire's affairs with an extensive bureaucratic apparatus. The total number of Byzantine officials at this time was huge. Only in the depths of the two prefects of Pretoria was at least 10 thousand civilian officials.

The role of the central state apparatus has increased in the IX-XI centuries. The state bureaucratic apparatus at this time controlled all areas of the political, economic and even cultural life of Byzantium. Its structure has become even more complex I.Gromoz. The number of departments ("secrets") increased to 60. With IX century. The Palace Administration is complicated, thanks to the growth of the imperial economy and the courtyard. The differences between government departments and palace services are becoming less and less clear. The Palace Administration is increasingly invading in the leadership of national affairs. Another feature characteristic of the central administration of the Byzantium of this time is spraying of individual government functions between different, often duplicate government departments. So, financial management was divided from the VII century. For some not subordinate to each other "secrets". The judicial functions were divided between various institutions:

court of Patriarch, Court of the City Prefect (Epara), a special court for the Palace Services of the Emperor, etc.

Local control. The local state apparatus of the Empire in the IV-VII centuries. The whole was based on the Laterimian Management System (division at prefectures, diceses and provinces). Civilian government was separated from the military and possessed in this period priority over the latter. At the head of the local government of the empire stood two prefects of Pretoria. These top civil officials have a broad administrative, judicial and financial power. In the immediate subordination of the prefects were civil rulers of diceses and provinces. The rulers of the provinces, the main link of local governance, along with extensive administrative and

financial authority had the judicial authority. They were the judges of the first instance on all significant judicial affairs within the province.

In the VII century A new one has come to replace the old local government system Femna The flora system arose as military districts and were originally much larger than old provinces. The chapter of the fams stood stratags Which united in their hands the full fullness of military and civil authorities, the sense of the local government of the empire was a consequence of the exacerbation of the foreign policy situation and the socio-class antagonisms of the Byzantine society. In the future, with the strengthening of the feudalization of the Byzantine society, the feta organization of local governance begins to weaken and in the XI in definitively declining.

Army. In IV - VII centuries, the Byzantium army was built at a post-non-rental basis, with division into border and mobile troops. In order to weaken the threat of seizure of power from military leaders, the Byzantine emperors practiced the fragmentation of the highest management of the army between five leaders (master) The composition of the Byzantine army gradually changed in the VI-VII centuries, the contingent of barbarians

The basis of the army with the beginning of the second period of the development of the Byzantine state (the end of the VII-IX B) was the stratiotic (peasant) militia. At this time, a powerful military fleet was created in Byzantium.

3. The right of Byzantium. General provisions

Byzantine law, whose history has more than a thousand years, is a unique phenomenon for medieval Europe. It is characterized by a relatively high degree of stability, internal integrity, as well as the ability to adapt to changing socio-economic and political conditions. These qualities of law in Byzantium were determined by a number of historical factors, among whom traditionally strong central imperial power, Roman legacy, the Byzantine Christian Church had special importance. These factors have an integrating influence on the right, attached to it the properties of the system.

Already in the early stages of the development of the state in Byzantium, a peculiar legal system has developed, which has grown directly from Roman law, but has experienced the influence of specific transients to the feudalism of relations in society, distinguished by a large social and ethnic variety. Under the influence of time and purely local conditions, in particular a variety of legal customs, Roman legal institutions gradually evolved. But the fundamental principles of Roman law and legal culture were not undermined and not undergoing indigenous changes, which in a large extent contributed to the long-term preservation in the Byzantium of the slave-owned mistake.

The direct continuity of Roman and Byzantine law has been reflected in the use of imperial legislation as the main source of law. The relative stability of the political system of Byzantium contributed to the fact that it was here that the first attempts of the codification of the imperial constitutions were made, and then the Roman law in Tse-Lomb. Thus, the first official Codex of the Byzantine Emperor Feodosia (Codextheodosianus), which included all the imperial constitutions since the Board of Constantine (since 312), was compiled in 438. Thus, in Byzantium, earlier Roman legislation has lost its strength, not included in this collection.

In IV-VI centuries. In Byzantium, there is a high level of development of legal thought, there are independent legal schools (the most famous - in Beirut and Constantinople). Among the lawyers of the Beirut school, which teaching work was combined with participation in the imperial codifications, Domnin, Skydiatia, Cyril, Patrish, etc. were especially famous.

Byzantine lawyers were not just guardians of antique legal and cultural traditions. They adapted the Roman law in relation to the new needs of the Company, at the same time, with changes and insertions (interpolations) into the classic texts of Roman lawyers. Thus, the soil was prepared for large-scale codification works. It is not by chance that it was in Byzantium, as already indicated, in the middle of the VI century. Under the guidance of an outstanding lawyer of the Tribonian, a comprehensive systematization of the Roman law was carried out, the result of which the Corpusjuriscivilis laws were the summary of the laws of Justinian. This codification is up to the XI century. It remained not only the most important source of the law of Byzantium, but was the foundation on which its legal system was finally formed.

4. Home Monuments of Byzantine Law VIII-XIV.

At the turn of the VII-VIII centuries. The legal system of Byzantium is experiencing serious tests associated with the deep crisis of the economic system, the decline of cities, the settlement on the state lands of the barbarians, the invasion of Arabs, etc. It is at this time that the process of turning the Byzantine law from lateantic to medieval is gradually completed. In the VIII century The legislative activities of Byzantine emperors and legal schools again revives with the general economic and cultural lift.

At the second stage of the history of the Byzantine law, legislation supported not only by the Roman legal tradition and the usual right, but also its own experience of Byzantine lawyers becomes more flexible and vitality. It is the vital needs of the Byzantine Society that made the necessary new work on the systematization of legislation and the processing of the codification of Justinian, which was carried out on Latin and which was only a small circle of persons. Judicial practice could not satisfy the fact that in the Digests of Justinian Many terms and whole fragments from the compositions of Modestin, Papinian and other classic lawyers were given in Greek, the actual transformation of Byzantium in the Greek-Slavic state persistently demanded and changes in the language of legislation.

The needs of judicial practice did the necessary processing of the Code of laws of Justinian and its presentation in a brief and understandable form. In 726 (according to some data - in 741), an eclog was published on the instructions of the Emperor-iconoborce of the Lion's Emperor ("Selected Laws"), which was the most important stage in the development of Byzantine law.

Ecloga compilers have retained from the codification of Justinian only a small part of the legal material, so it consisted of 18 small titles, some of them included only one article. In the subtitle to the ecologic, it was indicated that it represents a reduction and correction "in the spirit of greater humanity" the legislation of the "Great Justinian" legislation. The iconoborical phraseology is eclogicized only in its introductory part, where it was said about the need to follow the "true justice", and not express "the words admire" her and even prescribed "in fact" to give preference to poor and poor. Ecologic had a special title (VIII) dedicated to the slaves. Some cases of transforming into slaves of free people (for example, deserters) were envisaged, but the main emphasis was made to new ways and forms of liberation of slaves (for example, their vacation to freedom in the church, etc.), which reflected the development of feudal relations.

In the ecologist, the influence of Christian religion and morality was fully manifested, and the references to the Gospel were used to substantiate a number of legal provisions. Especially deeply Christian ideas have entered the marriage-family law (titles I-VII). Eclog introduced an unknown to the previously by the Byzantine law, the engagement (from 7 years), which required the formally consent of the engaging themselves, and in fact in connection with their youngsters - parents. The marriage age was set at 15 years old for men and 13 - for women. Under the influence of the Christian church, the number of legitimate reasons to the divorce was reduced. The woman, according to Christian Moral, held a subordinate place in the family, but, unlike the classical Roman law, Eclog reflected the tendency to equalize the property regime of her husband and wife. The dowry and marriage gift received by the wife were considered not as the property of her husband, but as property given to his office. When inheritance in the will, the mandatory share of children was established (at least 1/3 of the part of the inheritance), the seven categories of the heirs were determined, which consistently crossed the property of the deceased in the absence of a testament.

Eclogy titles, devoted to the contractual law (IX-XIII), from numerous transactions discussed in the arrangement of the laws of Justinian, refer to only buy-selling, loan, contribution (storage), partnership. In the contract of sale, concluded both orally and in writing, a deposit was introduced under the influence of Greek right. The loan agreement is likely as a concession of church dogmas, a mention of interest known to the Roman law was omitted. Briefly referred to such an important institution as a hiring, which included and rent a land, which could be envisaged for a period not exceeding 29 years. Obviously, the rental of private lands in Byzantium was not distributed. But it is characterized by mentioning in the ecologic about the rental of state, imperial and church lands with an annual contribution by the tenant of the hired fee.

Another typical Emphiteiis Institute has been widely developed in the ecoball. The latter was established as eternal or as limited rental "for up to three generations inheriting each other in a will or without a will." The person (Emphitet), who received Emphites-ZIS, as a rule, the land was obliged to pay the owner of "without judgment" an annual contribution, as well as take care of the "preservation of real estate improvement". If the Emphithet did not contribute for three years, it could be deprived of the property provided to him.

The most extensive and detailed in the Elog was the title of XVII dedicated to crimes and punishments. Under the influence of in-depth social contradictions, other new provisions were made to the criminal law reflecting the strengthening of state repression. It is not by chance that this title of Eclo-Gota received the greatest fame and was invariably used in subsequent legislative arches of Byzantium.

The ecologic prosecution of state criminals was envisaged: the fakes to the enemy, counterfeiters, and the article was particularly highlighted, where it was said about persons raising an uprising against the emperor or the Christians against the State of Christians participating. Such persons were considered as intending "all destroy", and therefore they should be betrayed by death. " Much attention, the legislator also paid crimes against Christian religion. Sigor punishments were subject to persons giving a false oath to the "Divine Gospels", raising her hand on the priest during the prayer, who was repurchased from the "Immaculate Christian Faith", the sorcerers, the characteristics, the manufacturers of amulets, supporters of hostile Christianity of religions, participants of pagan or heretical movements ( In particular, manianes and montanists).

Eclog covered the punishment for killing and corporal damage caused in a fight, and the punishment was differentiated depending on whether these crimes were preimensive or uninforced. So, "if someone beat his slave with a whip or sticks and the slave died, then Mr. His murderer is condemned." The owner's responsibility arose to the owner "in the case of a suitable killing of the slave (" he was uniformly tortured, or poisoned him with poison, or burned it ").

A number of property crimes are also listed in the ecologic: theft, robbery, destruction of someone else's property, arson, the plundering of other graves. But the majority of her articles were devoted to crimes encroaching on the church established by the state and the consecrated system of family and moral relations. Among them are distinguished: heaving, rape, adultery, entry into contact with the nun, klyask, girl, dressing, fetal etching, etc.

Developed and more cruel (even compared to the legislation of Justinian) was a system of sentences. Frequently often the death penalty was provided in the ecologic. But a system of members of members of the members of the members of mediating and bodily punishments was especially sophisticated, which in the classical Roman law were used mainly to the slaves, and now they were distributed on free people: cutting off the nose, breaking the language, cutting off the arm, blinding, deposition, etc. Decoring punishments were known (for example, the cropping beard and hair), as well as the confiscation of property.

According to some crimes, the character of punishment in the EMPM was determined depending on the social position of the perpetrator. So, according to Art. 22 For the surnames for contacting someone else's slave, a major fine was relied. For the same crime, the "simple person" was subject to not only a fine, but also by the cross section. Differentially punished for contacting the girl "without the knowledge of her parents" for persons "wealthy", persons "medium welfare", as well as for "poor and the poor." If the first should have paid the seduced compensation, the size of which depended on their position, the latter were fragile, cropping and expulsion (title XVII, Art. 29). However, in the overwhelming majority of other articles, criminal liability was not addicted to the social position of the perpetrator. According to a number of researchers, this manifested the desire of the creators of the EcoLog somewhat to soften social contrasts.

Social inequality is fixed in the ecologic and in those provisions that are devoted to evidence (Title XIV). It refers directly here that "witnesses having a title, or position, or occupation (or well-being), are considered to be acceptable." As for the "witnesses of unknowns", i.e. Persons of the lowest social status, then they, if the data of the testimony was challenged in court, were subjected to interrogation under the shoulders. Excessive compression of the EcoLog, the lack of such important issues in it, as the methods of acquiring and losing property rights, the prescription, etc., led to the fact that in spite of its great practical significance, the courts for a variety of cases subsequently had to contact the codification of Justinian.

In a number of their lists, the eclopa was complemented by agricultural. Marine and military laws. The greatest value of them had an agricultural law, which in its content resembled Western European "barbaric truths". He replenished the essential gap of the Eclo: regulated the relationship, folded in the rural communities, which by the VIII century. began to play an important role in the life of the Byzantine society. Two main versions (editors) of the agricultural law differ: early (the most valuable as a source of customary law and late, which has repeatedly reflected a higher level of social differentiation. The time and place of the preparation of the early editorial board are controversial. Some researchers refer her by the end of the VII century. (To Justinianan (Ii), others insist on her Yuzhnitalian origin. However, the dominant is point of view. According to which the agricultural law was drawn up in Constantinople under the emperors of the Isairny dynasty in the 20s of the VIII century, i.e. approximately at one time with the ecloga, as Annexes to which he usually also corresponded.

The agricultural law was a private compilation, but then received official recognition, perhaps simultaneously with the ecloga. The early edition of the agricultural law consisted of 85 articles and, as it was characteristic of the monuments of ordinary law, did not have a clearly pronounced internal structure. Agricultural law acted in the Byzantine Empire throughout its history, but later editions related to the XIV century, there are already 103 articles grouped into 10 titles.

The legal norms entered into agricultural law were aimed at resolving the most typical conflicts arising within the framework of rural communities. Much attention was paid to the observance of the boundaries of the adjacent sites, the consequences of the unauthorized disintegration of the Earth, the exchange of land. About community orders most convincingly testifies Art. 8, which provides for the distribution of land plots by lot. Earth and vineyards are important. In agricultural law, the interests of the state treasury, charged from land plots of land plots, as well as extraordinary taxes (Article 18, 19), are especially negotiated.

In a casuistic manner, numerous articles of agricultural law are formulated, establishing responsibility for theft of foreign cattle, agricultural inventory, behind the rod of someone else's forest, etc. In most cases, theft or damage of someone else's property attracted only property sanctions that were intended primarily to reimburse damage. But in cases where the damage was particularly significant and thus threatened by developing joint-effective orders, members of the thief and corporal punishment were applied (cutting off the arm at the thief, a stress of someone else's barn, etc.) and even the death penalty (for burning out of the revenge of someone else's Humna, For most thefts committed by slaves).

From other applications to the ecologic, the marine law was the greatest importance, which in Western Europe received fame as the ROAOS marine law. The compilation of this collection refers to the VII-VIII centuries. It contains legal customs that have developed in the practice of antique and medieval maritime trade and partially treated with another Roman lawyers. The Marine Law contained rules related to the shiping, transportation of goods and passengers, chartering courts, throwing out the cargo in the event of danger to the sea (the so-called accident), selling profits and losses between the shipowner and the owner of the cargo, etc. Separate norms of this collection were used in international trade until the XV century.

The further development of Byzantine law is associated with the law-creative activity of the emperors of the Macedonian dynasty (ICO-NECTORERS) of Vasily I and Lion VI. By repealing the Ecloga, compiled by his political opponents (iconoborets), Vasily I ordered the recycling of the laws of Justinian, eliminate outdated provisions from it, clarify difficult legal terms and translate them to Greek. The result of legislative work was the publication in 879 of the Projiron, which in the following centuries was one of the most authoritative sources of the right of Byzantium and left a noticeable trace in the history of the right of neighboring Slavic states.

Prokhron compared to the eclogo was a more complete collection of laws (additionally 17 titles were included

likes), but according to the lawnistant (for the clarity of the location of the legal material, his editorial board) he was inferior to the latter. Although the preface to the Prochronum of Eclog is referred to as "elected", and "perverted" laws, Vasily I borrowed a number of provisions from it, especially related to criminal law.

The changes made by the Projiron into the legal system of Byzantium were not significant, and on some of the private law, the roll was made towards Justinian (or even mercupian) legislation, as, for example, in the darishes of intermovers and his wife, in the dowry mode, in the wills of freeds and T.P. But the Projiron reflected in some extent and the new conditions of the Byzantine society of the IX century. It sets out a contractual right in more detail (the partnership agreement is being developed, a direct ban is established for interest on loan, etc.), some changes to the family law are being made (a preban gift is introduced, etc.).

Soon after the preparation of Projiron (between 884 and 886) on behalf of Emperor Vasily I and his sons of the co-guards, a new guide was published on the right, which was also intended to "purify old laws" and facilitate the use of the right set forth in the Justinian codification. This guide received the name of the Epanagoga (i.e. revised repetition). In its structure, she followed the Digests of Justinian, reproduced many provisions of Projiron, as well as Eclo. With all its compiler, it is in more detail, and in some details and in a new way set out a number of questions of private law. But the most significant changes were the changes that Epanagoga contributed to the sphere of public law. A number of new provisions were formulated, such as the Patriarchal authorities, complementing the imperial, about the rights of the clergy. These provisions were determined by the relationship between the Orthodox Church and the state and were widely used subsequently in church law.

Brief vaults of Byzantine law could not fully satisfy the needs of the judicial practice, which from time to time was forced to apply to the increasingly aging sum of the laws of Justinian. Under the emperor of Leve VI (wise), the board of which (886-912) was marked by the rise of legal science, large codification works were completed, initiated during Vasily I, on the new processing of the legislation of Justinian. About 890 compiled by melting, under the guidance of a prominent lawyer, the symbols of "Vasiliki" ("Basilica"), i.e. "Tsarist laws" were called upon to replace themselves increasingly hard to reach for understanding (including because of the language barrier) Collections of the right of Justinian.

Used in "Vasiliki" a huge legal material is located more compactly and sequentially than in the archway of the laws of Justinian, which consisted of several independent parts (books). "Vasiliki" - a single legislative monument, which includes 60 books divided into titles and fragments. Everyonetite "Vasily" began with a fragment of the text of one of the Roman lawyers cited in Digesa (other opinions, as less authoritative, descended), then followed the corresponding additions from the Code, Institutions and Novel. Justinian Right in "Vasiliki" was not used directly, but through Greek translations and comments (epitomas, paraphrase) of Byzantine lawyers VI in. - Anonymous, Ferofila, Dofei and others.

In "Vasiliki" there were no provisions from the codification of Justinian, which, in the opinion of the compilers, did not have a practical significance (most of the institutions, Digest titles (1 and 2) on justice and the origin of law, etc.). From the Code and Novella of Justinian, a number of constitutions were also excluded, which were revised by subsequent legislation. But the processing and reducing the preceding right in "Vasiliki" was not carefully thoroughly and hastily. They preserved a significant number of obsolete or separated by the norms mentioning, for example, for a long time disappearing positions (Roman consuls, imperial legates, etc.) or areas that were not part of Byzantium (Egypt, Scythia, etc.).

List of used literature

1. Livents K. E. // Collection of documents on the general history of the state and law. Leningr. Institute. 1977

2. Kraschiennikova N.A.// The history of the state and the rights of foreign countries. Part 2, Book 1. M., 1994. 3. Kraschiennikova N.A.// The history of the state and the rights of foreign countries. Part 2, Book 2. M., 1994.

Tutorials:

4.Shidkova O. A. History of the state and the rights of foreign countries. // Part 1. Moscow State University 1991.

5.Zhidkova O. A. History of the state and the rights of foreign countries. // Part 2. MSU 1991.

6. Kraschiennikova N. A. The history of the state and the rights of foreign countries. // Part 1. M., 1993.

7. Chernilovsky Z. M. Universal history of the state and law. M. 1995

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