PRÁVNĚHISTORICKÉ STUDIE
PRÁVNĚHISTORICKÉ STUDIE

Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.

Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.

PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.

PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.

PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.

The journal is archived in Portico.

PRÁVNĚHISTORICKÉ STUDIE, Vol 46 No 1 (2016), 16–44

Opätovne k súdnemu zákonníku pre ľud (Zakon sudnyj ljudem): K možnostiam rekonštrukcie archaického práva na Veľkej Morave

[Again on the Zakon sudnyj ljudem : On the Possibilities of Reconstruction of Archaic Law in Great Moravia]

Tomáš Gábriš, Róbert Jáger

published online: 18. 11. 2016

abstract

When researching law in Great Moravia, one can move in two directions - to study archaic law from before the arrival of the Byzantine missionaries Constantine and Methodius, and on the other hand, the law that we find in the extant sources as written down by the Constantine, Methodius and their disciples. So far, the research of the written sources prevailed in the sense of analysing contents of the extant written sources. However, it is questionable to what extent these texts do reflect the law actually applicable in Great Moravia, and what is the relationship of these standards to the previously existing archaic law. Should one wish to compensate for the lack of research on the original, archaic law applicable before the arrival of the Byzantine missionaries, there are two ways to do so. The first way is the one which, although also primarily focused on the extant written sources, tries to analyse the differences between the extant texts and their Byzantine models from which the missionaries drew. By identifing differences, the reasons for these differences, the aims pursued and the tools used by the Byzantine missionaries one may be able to uncover the archaic legal norms of behaviour that the missionaries tried to tackle in their written texts. The second way how one may get closer to knowing the archaic law applicable before the Byzantine influence became dominant, is also connected to the extant written sources. However, this time it is their linguistic analysis rather than content analysis that can help us further. It is namely highly probable that the missionaries did not replace completely the archaic legal terminology by new legal notions; quite the opposite, one may expect they used the original terminology in their translations of Byzantine laws into Slavic language. The extant sources can hence enshrine important archaic legal terminology to be uncovered, being a carrier of potential archaic legal meaning hidden in the words that we are still using up until nowadays.

Creative Commons License
Opätovne k súdnemu zákonníku pre ľud (Zakon sudnyj ljudem): K možnostiam rekonštrukcie archaického práva na Veľkej Morave is licensed under a Creative Commons Attribution 4.0 International License.

240 x 170 mm
periodicity: 3 x per year
print price: 250 czk
ISSN: 0079-4929
E-ISSN: 2464-689X

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