The specifics of diocesan legal proceedings of the second half of the 19th century based on the example of one of the cases

Автор: Khokhlov Alexander Anatolyevich

Журнал: Христианское чтение @christian-reading

Рубрика: Церковное право

Статья в выпуске: 1 (104), 2023 года.

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The article reveals the specifics of diocesan legal proceedings in the second half of the 19th century, its principles, nature and correlates. The analysis of the problem is given on the basis of one of the investigation cases of the Kazan Spiritual Consistory. It is concluded that, despite the relatively high level of the regulatory framework, which was completed from the provisions of canon law and church legislation, the declared principles were hardly applied in the daily law enforcement practice of the diocesan level. Historical and social conditions, based on the psychology and culture of parish pastors and flocks, to a certain extent determined the nature of their legal consciousness, exerting a noticeable influence on the approaches of consistories to legal proceedings. De facto, when decisions were made by the latter, current circumstances played almost a greater role than the principle of objective legality, which was explicitly replaced by utilitarianism. This entailed characteristic effects. The identified problem manifested itself most clearly in cases with gender specificity. The declared topic is one of the first attempts to outline the contours of a new historical problematic. The study involved historical-genetic and historical-systemic approaches. The sources involved are introduced into scientific circulation for the first time. The article was written on the basis of a report made by the author at the conference “Church Law and Culture: Facets of Interaction” (St. Petersburg Theological Academy, October 21, 2022).

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Legal proceedings, legislation, law, justice, crime, sexual integrity, practice

Короткий адрес: https://sciup.org/140297602

IDR: 140297602   |   DOI: 10.47132/1814-5574_2023_1_214

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