Ordeals in the Ancient Trial
##plugins.themes.bootstrap3.article.main##
Abstract
The topic of the article has not been studied sufficiently in the works of the law historians. More exhaustive studies on this issue were started at the end of the 19th century. German scientists J. Grimm, V. Schlagenweit and H. Nottarp conducted more extensive studies of ordeals as trial evidence. Most frequently this trial evidence is presented as most irrational evidence in the history of the criminal case. The author willing to justify certain rationality of evidence has studied the concept of ordeals and its evolution, the prerequisites for emergence of the trial evidence and its distribution. Special focus is laid on the special character of ordeals in the legal proceedings of Lithuania. Basing mostly on 16th-18th century legal acts collected by K. Jablonskis and the surviving law sources, a conclusion has been made that ordeals in Lithuania in the essence have been taken over from the Western European legal acts especially from the Magdeburg City Rights. It has been observed that ordeals applicable in Lithuania had lost their primary form and meaning.
##plugins.themes.bootstrap3.article.details##
Section
Articles
Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution-NoDerivatives 4.0 International Public (CC BY-NC-ND) License, allowing third parties to share their work (copy, distribute, transmit) and to adapt it, under the condition that the authors are given credit, and that in the event of reuse or distribution, the terms of this licence are made clear.
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.
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.
