Crime Concept in the Statutes of the Lithuanian Great Duchy and in Corpus Juris Canonici
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Abstract
The present article deals with the crime concept in the Statutes of the Lithuanian Great Duchy and in Corpus Juris Canonici with the aim of establishing the impact limits of the Canon Law on public secular law institutions embedded in Lithuanian Statutes.
While applying law dogmatics, critical analysis and comparative methods the researcher focuses on a crime as a legal phenomenon within the norms of the Lithuanian Great Duchy Statutes and the Canon Law. The researcher seeks to present an individual interpretation of the problem related to the impacts of the Canon Law on the crime concept embedded in Lithuanian Statutes without taking as a basis for analysis neither of the concepts by employing a neutral environment of philosophical categories (matter, substance).
The present research allows maintaining that there exist manifestations of continuity of the Canon Law criminal springs in the Statutes of the Lithuanian Great Duchy and that the intensity of this impact, in particular, reveals itself in Lithuanian Statute II and III. The said impact should not be taken as the absolute and it must be evaluated within the context of other probable and universally accepted (for example, the Roman law) impacts.
The conducted analysis of the criminal provisions in the Statutes of the Lithuanian Great Duchy allows proposing that the impact of the Canon Law on development fundamentals of the Law of the Lithuanian Great Duchy should be stated on a speculative and intellectual level and rated as inevitable continuation of the West European law development, which had been preconditioned by most general regularities of the law history.
It must be noted that the Lithuanian Great Duchy managed to escape negative impacts of the Canon Law, therefore, the said impact should be looked upon as a progressive element for a general progress of the criminal law provisions in the Statutes of the Lithuanian Great Duchy.
While applying law dogmatics, critical analysis and comparative methods the researcher focuses on a crime as a legal phenomenon within the norms of the Lithuanian Great Duchy Statutes and the Canon Law. The researcher seeks to present an individual interpretation of the problem related to the impacts of the Canon Law on the crime concept embedded in Lithuanian Statutes without taking as a basis for analysis neither of the concepts by employing a neutral environment of philosophical categories (matter, substance).
The present research allows maintaining that there exist manifestations of continuity of the Canon Law criminal springs in the Statutes of the Lithuanian Great Duchy and that the intensity of this impact, in particular, reveals itself in Lithuanian Statute II and III. The said impact should not be taken as the absolute and it must be evaluated within the context of other probable and universally accepted (for example, the Roman law) impacts.
The conducted analysis of the criminal provisions in the Statutes of the Lithuanian Great Duchy allows proposing that the impact of the Canon Law on development fundamentals of the Law of the Lithuanian Great Duchy should be stated on a speculative and intellectual level and rated as inevitable continuation of the West European law development, which had been preconditioned by most general regularities of the law history.
It must be noted that the Lithuanian Great Duchy managed to escape negative impacts of the Canon Law, therefore, the said impact should be looked upon as a progressive element for a general progress of the criminal law provisions in the Statutes of the Lithuanian Great Duchy.
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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.
