Symbolism and criminal law of the XVI-XVII centuries in the Moscow state

Автор: Efimovskikh V. L.

Журнал: Ex jure @ex-jure

Рубрика: Теоретико-исторические правовые науки

Статья в выпуске: 2, 2024 года.

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The article considers the process of symbolism development in the criminal law of the Moscow state of XVI-XVII centuries. In its development it passes two stages. At the first stage, covering the time from Ivan IV to the end of the Time of Troubles, symbolism had supra-legal character. The first most widespread use of supra-legal symbolism was during the Oprichnina. During this period, Ivan IV abandoned the traditional dogmas of orthodoxy, according to which the monarch had the right to torture the body, but not the soul. Moreover, he was obliged to take care of the legality of the transition to the afterlife. Mass executions with the use of drowning, mauling by animals and hanging without observing funeral rites became an opportunity for the tzar not only to intimidate his enemies, but also to subject the souls of the executed to "ordeal". The Time of Troubles added to the already proven methods of intimidation and punishment of souls through the death penalty a new kind of symbolism - self-harming punishments. The second stage of the development of symbolism begins after the end of the Time of Troubles. The search for various forms that affirmed the principles of justice of criminal law without regard to estates led to the state's concern about ensuring a Christian transition to the afterlife for the executed and giving legal forms to symbolism.

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Symbolism, death penalty, deformation of the principles of criminal law, time of troubles, conciliar code, religious bases

Короткий адрес: https://sciup.org/147244109

IDR: 147244109   |   DOI: 10.17072/2619-0648-2024-2-10-21

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