History of Oath Institution in Lithuania until XVIII Century
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Abstract
The present article is a review of the historical origin, purpose, form and meaning development of the oath in Lithuania. The article overviews impact of the neighbouring countries (Germany, Russian, and Poland) on development of oath institution. Article presents the historical, religious and legal aspects of the oath, the social effectiveness and vulnerability of oath institution. Taking into account that the subject under analysis is rather extensive the present paper is attempt to cover period from creation of the State till XVIII century.
The article has tried to give answers to what kind of nature is prevailing in the Oaths (mores, religion or law) regarding periods of development of society. Research shows evolution of oath institution together with social changes in society; especially it is evident when Lithuania turns from Paganism to Christianity. The article has also tried to determine the nature of the institution throughout different historical periods and forms of the Lithuanian state.
Research showed that in 16th-17th centuries in Lithuania were not less than 36 kinds of oath required to get into office and not less than 3 judiciary oaths. The article gave an answer to hypothesis that until year 1795, when Lithuania lost its independence, it was no freedom and independence motive in oaths.
The article presents the composition of oath: two sides of oath giving; witnesses (people, gods, to whom or in whom presence is oath giving; sacramental goods or their characteristics; ceremony; text (context); place of the ceremony.
Chronological analysis of the oath institution will enable to identify changes of its purpose and meaning in Lithuania, as well as its legal consequences. That could be the basis concentrating attempts to legally establish the present institution; and which might provide further preconditions to strengthen and to prove the efficiency of its application in the law of Lithuania.
The article has tried to give answers to what kind of nature is prevailing in the Oaths (mores, religion or law) regarding periods of development of society. Research shows evolution of oath institution together with social changes in society; especially it is evident when Lithuania turns from Paganism to Christianity. The article has also tried to determine the nature of the institution throughout different historical periods and forms of the Lithuanian state.
Research showed that in 16th-17th centuries in Lithuania were not less than 36 kinds of oath required to get into office and not less than 3 judiciary oaths. The article gave an answer to hypothesis that until year 1795, when Lithuania lost its independence, it was no freedom and independence motive in oaths.
The article presents the composition of oath: two sides of oath giving; witnesses (people, gods, to whom or in whom presence is oath giving; sacramental goods or their characteristics; ceremony; text (context); place of the ceremony.
Chronological analysis of the oath institution will enable to identify changes of its purpose and meaning in Lithuania, as well as its legal consequences. That could be the basis concentrating attempts to legally establish the present institution; and which might provide further preconditions to strengthen and to prove the efficiency of its application in the law of Lithuania.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
