he article deals with the results of the scientific project “Medieval written sources as historical and litterary texts: creators and readers”. This project aimed at analysis of the features of the individual process of the creation of the historical text (source) in the Middle Ages and Modern times. It also aimed at disclosure of the mechanism of functioning of the specific historical sources in their cultural environment (the author’s message and creation of the text, its subsistence and dissemination, its perception by the readers, its popularity or the lack of it, the importance of such a text in the creation and recovery of the sociocultural and intellectual needs of the epoch). The project participants stated as insufficient the positivist method that dominated all historic research for quite a long time and was based on the principle of direct and undistorted reflection of historic reality it the text. In the present project the historical sources were studied primarily with the use of textual criticism methods that allowed to determine and to use in the analysis not only the factual side of the information but also so called “commonplaces and platitudes” in the text, borrowings and concealed quotations, “toposes”, “wandering sujets”. The textual criticism methods also allowed to determine three types of the text information: the unique information, the verified one and the repeated one. The methods of genetic critics allowed to the projects participants to fully understand the history of creation of this or that historical and litterary source and to comprehend the intentions of its author which, undoubtedly, can make it easier to study and to analyze the ideas and the images that this or that author (as well as the readers of the text) considered the most appropriate for his (their) epoch.
The article deals with the most important fragment of the History of the Francs of Gregory of Tours, which is sometimes called the “oldest treaty of France”. It is an agreement concluded by the Merovingian kings Gunthram and Childebert II in Andelot in 587. The singularity of this pact lies in the facts that it was added in an unusual context of the early medieval chronicle and is found nowhere else in collections of law of the 6th century. Discovering the similarities between the form and content of the treaty in Andelot, acts in public and private forms of the Middle Ages, the author applies the analysis of formulary to the text of the annual record of the History of the Francs and compares it with the capitularies of the Carolingian era. Deriving the clauses of the protocol, the operative part (corpus) and the eschatocol from the entire text one can make an assumption that Gregory of Tours actually was present at the time of its compilation and attestation, and also had the copy at the time of writing the History of the Francs.
The article explores how Rwandan history and its pivotal events are interpreted by Colonel Théoneste Bagosora, one of the chief instigator and mastermind of the 1994 genocide. It argues that this interpretation is shaped entirely by Bagosora’s politicoideological goals and intentions. His approach is based on the binary black-andwhite ethnicized vision of national history and it is tainted by racial and ethnic prejudices. By viewing history in this way, Bagosora tries to justify the mass killing of the Tutsis in April–July 1994 and to absolve himself and other extremist Hutu leaders of responsibility for one of the greatest tragedies in the history of mankind. The historical arguments he developed and systematized have become the basis of all subsequent attempts to deny, minimize or justify the 1994 genocide.
The theme of this article is the place of the university in the medieval urban space, in particular the case of the Portuguese studium generale, that was founded in Lisbon in 1288/1290 and then leaved it for Coimbra. Owing to the further numerous removals between those cities in the 14th century and the gaps of continuity provoked by this situation it’s possible to observe some unique aspects of the connection between conceptions of locus studii, their rhetoric and their realization. General case is observed in the context of common law texts and experience of other studia generalia. We can see two general concepts: the first – of the special academic district and the second which regards the whole city as common space of the university’s activities and privileges. Both of them were applied to the corporate law of so called “model” universities (e.g. Paris) and used the texts of jurist from Bologna in 13th – 15th centuries. As the result of the investigation we can observe how the privileged district conception became dominating in the sources of the corporate law of the Portuguese university. But in the first half of the 14th century its realization met various difficulties: ‘town and gown’ conflicts and clashes with other privileged social groups (court circle, officials), lack of consistent royal support. Only after the removal to Lisbon in 1377 academic corporation succeeded in fulfilling its program which proposed to create (literally – to re-create) the privileged district. So owing to the grow of the centralized royal jurisdiction that «washed out» and subjugated local, custom and municipal law, the university integrated to the legal and consequently topographic space of Lisbon – and to incarnate its old rhetoric “dreams”.
In the article are reconstructed the sources of the law P.VII.1.3 from the “Siete Partidas” of Alphonse the Sage (1252 – 1284) and made some observations about legislative technics of the Castilian jurists. Author has affirmed that the legists of Alphonse X had used as a sources some fragments of book IX of Justinian Code, of book LXVIII of Justinian Digest and – perhaps – of book IX of Theodosian Code. Also has noted that the Castilian legists, from one side, had used the Justinian Corpus without call its texts in question but, from another side, had done it very freely. The last is not usual for work of medieval jurists, according to classical historical conceptions.
The publication of the documents of the Foreign Policy Archive of the Russian Federation is devoted to the history of closure of the consulate of Czechoslovakia in South Africa in 1963. These documents reflect the interactions between the USSR and its Eastern European ally related to politics in Africa. They demonstrate what sources of information on the situation in South Africa the USSR has possessed in the early 1960s. After 1956, when the Soviet consulate in Pretoria has been closed, Moscow did not have any direct contacts with South Africa any more. Therefore, any additional sources of information on the situation in South Africa were of particular importance. The documents reveal that the issue of the consulate closure was decided at the highest level of the Soviet party system. This episode characterizes the complexity of relations of the Cold War period, both between irreconcilable rivals, within the socialist camp itself and its allies
This article reviews the prevailing tendencies in the interpretation of the works by the figures of the Irish Enlightenment: Geoffrey Keating, John Lynch, Charles O’Conor, Sylvester O’Halloran, and Charles Vallancey. The researchers of the works of the aforementioned authors can be divided into two groups depending on the angle of their approach to the issues: those who looked into ethnic discourses (first approach) and those who looked into ethnic groups (second approach) in the XVII—XVIII centuries. As a result of the review of contemporary historiography, Ireland is represented as a network of various discourses which are still to be reconsidered in their full diversity.
In the article is analysing the conception of good and bad deception and the different disciplinary regimes of the fraud described in the Siete Partidas of Alphonse the Wise (1252—1284). The author stresses the point that the lies were permitted only for physical persons meanwhile the political entities (such as a people or a king in his relations with the people) would not lie. That can be explained by the different discursive strategies used by the authors of the Siete Partidas: the laws of the Seventh Partida as laws about chivalry (Part. II.21) were composed by jurists and the norms about a King and his people the theologists had written. For making this analysis more complete in the article, the author gives a brief introduction to the history of the juridical and theological discourses about the lie. He shows the evolution of the interpretation of the concept of the deception from the Late Antiquity to the Law Middle Ages. The author stresses that the Augustinian conception of the lie was the most influent until, at least, a middle 13th century.
The article considers the doctrine concerning the national question in the work of the Juridical Council of the Provisional Government. The Juridical Council was established as a governmental body of legal expertise, which considered bills in the legislative system of the Provisional Government. During 1917 after the February revolution Juridical Council had faced up to longstanding national problem in Finland and Ukraine. To cope with secessionists tendencies lawyers of the Juridical Council offered a doctrine of cultural self-determination and autonomy with no political independence.
The article reviews a history of the internment camp Rieucros in France (1939—1942), which had emerged as other internment camps after the Spanish Republican Army’s defeat and massive escape of the combatants and civilians from Catalonia to France through Pyrenees. The Rieucro’s camp specificity consisted in keeping only women and children. Basing on the documental collections of the Russian State Archive of Social-Political History (RGASPI), the authors put together informations about total number of internees, life conditions and activities in the internment camp before and after 1942 (when the camp was moved from Rieucros to another camp in Brens). As the RGASPI documents on Rieucros Camp stay little known, the article includes some attached supplements in French, Russian and German (some previously unpublished primary sources with important testimonies of the internees).
The article gives an attempt to uncover the legal background of extraordinary actions related to Theodore, the pretender to the metropolitan see of Vladimir-on-Klyazma, who was eventually given a derogatory nickname, Theodorets. A Greek presbyter (most probably), once deposed or for some other reason deproved from a church he was assigned to, he either acquired the status of the hypopsephios of Souzdal, or even was actually consecrated as a bishop by Klim Smolyatich. However, despite all attempts of prince Andrey Bogolyubsky to officially install him as a Metropolitan of Vladimir, Theodore’s canonical status was never recognized neither by Constantine II, Metropolitan of Kiev, nor by the then Patriarch of Constantinople, Luke Chrysoberges. Both of the just mentioned Greek hierarchs denied Theodore’s legitimacy and blamed him. Their reasons included his active role in disputes concerning the new fasting rules, introduced by the representatives of the reformed Byzantine monasticism of the time. When prince Andrey realized that his plan to create a Metropolitan see in Vladimir has failed, he decided to send Theodore to Kiev in order to receive proper episcopal consecration from Metropolitan Constantine II. Theodore responded by a refusal to obey, and tried to demonstrate his power instead, blatantly closing all church buildings in Vladimir. In the end, Andrey handed Theodore over to the Metropolitan’s court. Metropolitan Constantine II decided to sue Theodore according the norms of the Byzantine civil law (obviously, considering him as a Byzantine citizen), and since the charges against Theodore included heresy, he was condemned to brutal physical injuries and, finally, death. Afterwards the body of the unsuccessful contender to a metropolitan throne was thrown to the dogs, in order to get a symbolical closure on his story.
This articles is dedicated to the analysis of three letters from the Register epistolarum of the Pope Gregory I of Great (590–604), which describe the case of the bishops Januarius and Stefan (XIII. 46, 47, 49). Letter XIII.46 is an instruction to the papal defensor John, sent in 603 by the pope to Byzantine Spain to investigate how and under what circumstances were convicted the bishops Januarius and Stefan several years ago. According to these letters we can learn that the bishops were removed from office and sent into exile by the Byzantine governor named Komitiol. The reason for their disgrace probably lies in their close connection with the bishops of the Kingdom of Toledo, the enemy of Byzantine Empire. The letter XIII.47 is the John’s retourn: we learn that the bishops were not only subjected to a completely unjust sentence, but the whole procedure of the trial was conducted with numerous violations. Finally, by letter XIII.49, which are the subtitle Exemplum legis, Gregory dismissed the accusation from Januarius and Stefan, and imposed a penance on their offenders and excommunicated them. The verdict also affected the successor of Komitiol (who had perished by that time): he had to return to Januarius the confiscated property. To confirm the legitimacy of his decisions, Gregory quoted in the letter fragments of 123-th Novellae by Justinian, as well as some of the constitutions of the Code. This is the only case of direct appeal of the pope to the legislation of Justinian, and generally to the norms of secular law. Partly the literal quoting of fragments of the Code can be explained by lacunae in the canon law of the VI century, which Gregory tried to close with the imperial legislation. However, this explanation is not exhausted. Gregory cited the laws though carefully (preserving the inscription and the subscript, noting the abbreviations, etc.), but still selectively: he leaved behind the scenes those fragments that could not justify his interference and his decision. We do not know exactly, if Corpus iuris civilis was known, how it was applied, so it is probable that the pope's addressees did not have the very books of the Codex and Novellae in their hands, and Gregory had no choice but to quote them. With the support of the norms of the imperial legislation Gregory the Great could defend his point of view in a correspondence dispute with the governor of Byzantine Spain, having taken a decision that was contrary to his interests.
The author analyses a legend of independence of Castile, which is inserted in the proemium of the “Collection of 20 fazañas” in the ms. 431 of the National Library (Madrid). He divides the article into three main sections. The first section is analysing the historiographic tradition precedent to this article, from Galo Sanchez to Javier Alvarado and Maximiliano Bistue. The author stresses that despite a rather significant quantity of mentions of the legend of independence of Castile in the literature, there are only few substantial researches of its genesis. A topic about the judges of Castile is more or less well-known, while a subject of the burning of the Liber Iudiciorum is almost unknown. Within the second part of the article the author examines the genesis of the legend of independence. He emphasises logically three principal points of the development of the legend, from the “Liber regum” of the late 12th century through the works of Lucas of Tuy and Rodrigo of Toledo to the Poem about Fernan Gonzalez and the “History of Spain” composed by Alphonse X the Wise. The last point was fixed in manuscript 431 mentioned above. In the last section of his article the author proposes his version of the legend of independence's interpretation. According to him, this legend could be created at the beginning of the 70th years of the XIIIth century, and its author was one of the highest nobles of the Kingdom of Castile. The author supposes the legend itself was a kind of the politic parable prepared especially for Alphonse X. The Castilian nobles invented it and much later, in the 60th of the XIVth century somebody fixed this legend as a prologue to the “Collection of the fazañas”.
This article deals with the problem of influences exerted by ancient and medieval legal and narrative sources on the Frankish law during the reign of king Clovis (481–511). This issue hadn’t sufficient attention in contemporary scholarly works. Among the sources, which could be available for Frankish officials and lawyers composed the Laws of Salian Franks (Lex Salica), authors explains both the Germanic sources (such as Code of Euric and Burgundian laws), and late Roman codes been in use in Gaul territory in the 5th – 6th centuries (Breviary of Alaric and some legal compilations), and even Celtic sources (The Welsh canons) and nonlegal texts (Exodus). Using the textual critisism, scholar proves that the biggest volume of textual adoptions in Lex Salica was a result of the long-time relations and collisions between the Franks and their southern neighbours – Burgundians and Visigoths. Influence of the late Roman legal culture on the Laws of Salian Franks was very close, namely it ends on the establishing of slave rank as “instrumentum vocale” (cattle with voice). This state was a feature of all late Roman codes and compilations based on it (such as Theodosian Code, Breviary of Alaric, Code of Justinian). The profoundest influence of the Burgundian, Visigothic and (in a less degree) late Roman laws on the Lex Salica was revealed in those titles, which are concerned to the social structure in Northern Gaul of the end of 5th – early 6th centuries. Firstly, it refers to the position of slaves in estate, degree of their legal capability and participation of business with free persons, compensation for their injuries and death. Then, some legal procedures of Burgundian laws (for example, the order of returning of the person sold into slavery from abroad, paying of pledge for a slave, which had been subjected to tortures on charges of third party) also had been put in the Laws of Salian Franks. Finally, the influence of the Old Testament (Exodus) and the so-called “Welsh canons” (Canones Wallici) can be find in the case of sale and division of slave accused in the murder of servant of another person between their owners.
The article proposes an identification of the place-name ustaulm / *Ustahólmr witnessed in the runic inscription of the mid-eleventh century on the stone from Ålstad (Nordland, Norway) as a Scandinavian variant of the Slavic oeсonym *Оусть-островъ, which is supposed to designate a settlement of the Rus’ on the island of St. Aitherios (presumably, contemporary Berezan’ Island) at the mouth of the Dnieper. The article suggests that the three main camp-settlements of the Rus’ on their way down the Dnieper River in the 10th and 11th centuries were named in this runic inscription: Russia = Kiev (= *Garðar), Vitichev (= *Vitahólmr) and a camp on an island at the mouth of the Dnieper *Estuary-island (= *Ustahólmr).