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Article

Медицинские практики в раннем средневековом праве

Лошкарева М. Е., Савенкова С. Р., Долкова Е. А.

The article is devoted to the study of the legal aspects of practical medicine in the early Middle Ages, prior to the development of universities and the emergence of professional medicine, opposed to other types of practices. The texts analysis of continental barbarous law codes, ancient Russian monuments of law, early Anglo-Saxon and early Celtic legislation enables to make a number of judgments about medieval medical practices and the human body, as well as the role and legal status of people responsible for healing. A comparative analysis of legal codes recorded in the VI – XIII centuries allows us to establish a number of common features of secular legislative tradition in medieval Europe regarding the ideas of the human body and healing practice, and also to highlight some significant differences. Medieval law codes have a lot in common in terms of severity of injuries and their consequences. Secular regulation of curative practice was rather limited, most of the laws provided compulsory treatment and the participation of healers in the procedures to assess the wounds and other damages, but the legal status of a physician and his liability are specifically established only in Visigothic Code (which might be justified by the Roman influence), Welsh Law of Hywel Dda and Brehon law.