The Science Work
History
Site is for sale: mail@thesciencework.com
Category: History

About the bases of legal full rights of privates of free centuries in Anglo-Saxon society vii-ix.



6. Constitutional law No. 92-554 of June 25, 1992, Article 5. Tsit on: Constitutions of the foreign states / Sost. V.V. Maklakov. - M, 2003. Page 71.

7. Case 26/62 Van Gend en Loos [1963]//ECR 1, Case 6/64 Costa v. ENEL [1964]//ECR 585, Case 106/77 Simmenthal [1978]//ECR 629, Advisory opinion No. 1/91 European Economic Area [1991]//ECR 6102.
8. Case 26/62 Van Gend en Loos [1963]//ECR 1.
9. Case 6/64 Costa v. ENEL [1964]//ECR 585.
10. Bundesverfassungsgericht, 29 May 1974, [1974] 2 CMLR 540.
11. Bulletin of the EEC. 1965. No. 5. P. 19.
12. Case 33/70 SACE [1970]//ECR 1213, Case 41/74 Van Duyn v. Home Office [1974]//ECR 1337, Case 8/81 Becker v. Finanzamt Munster-Innenstadt [1982]//ECR 53, Case 148/78 Ratti [1979]//ECR 1629; see also Case 152/84 Marshall v. Southampton and South West Hampshire Area Health Authority [1986]//ECR 723.
13. Treaty Establishing a Constitution for Europe. Luxembourg: Office for Official Publications of the EC, 2005. P. 18.
14. Case 294/83 Parti Ecologiste "Les Verts" v. European Parliament [1986]//ECR 1339.
15. General Report on the Activities of the European Union 2004. Luxembourg: Office for Official Publications of the EC. - 2004. - P. 334.
16. V.I. Margiyev. About some features of the internal law of the European communities//Jurisprudence. 1999. No. 1. - Page 213.
17. S.S. Seliverstov. Questions of a ratio of the international and European law//Moscow magazine of international law. 2004. No. 1. - Page 227.
18. Protocol on a role of national parliaments. See Documents of the European Union - the Amsterdam contract. T. V. - M, 1999. - Page 155.
19. Protocol on the role of national parliaments in the European Union. See Treaty Establishing a Constitution for Europe. Luxembourg: Office for Official Publications of the EC. - 2005. - P. 214.
20. Case 6/64 Costa v. ENEL [1964]//ECR 585.
21. V.I. Margiyev. About some features of the internal law of the European communities//Jurisprudence. 1999. No. 1. - Page 211.
22. Cat's S.Yu. the constitution for Europe: essentially new stage of development of constitutionalism//Bulletin of Europe. 2004. No. 12.
23. European law: the textbook for higher education institutions / Under a general edition of L.M. Entin. - M, 2004. - Page 41.

V.S. Nazarova

ABOUT the BASES of LEGAL FULL RIGHTS of PRIVATES

The FREE 7-9th Centuries IN ANGLO-SAXON SOCIETY

In the analysis of a social legal status of privates free Anglo-Saxon society it must be kept in mind that formed the bases of their legal full rights social and economic independence.

By 9th century the most important components of Anglo-Saxon society were defined in legal monuments by an alliterirovanny phrase which in translation sounds as "kerla and erla" (ge ceorle ge eorle) [1]1. In almost unanimous opinion of researchers, the term "kerl" in Anglo-Saxon sources designated the ordinary free person having social and economic independence. Nevertheless about understanding of this term in a historiography there are different opinions.

Since the second half of the 19th century, the majority and domestic, and foreign researchers was believed that the bulk of the Anglo-Saxon population was made by free community members-kerly. Was considered that kerla had all rights

1 References to the Anglo-Saxon legislation are provided according to the edition: Die Gesetze der An-gelsachsen/Hrsg. F. Liebermann. - Halle, 1903. Bd. 1, with the indication of a title, and if necessary and the paragraph.

free: they had allotments in the private use, participated in people's centesimal assemblies, appeared in court, had slaves and other dependent and could leave at discretion the occupied ground and pass to other place. In other words, in the opinion of a traditional historiography the Old English kerla not only represented the main productive force of Anglo-Saxon society UP-GH of centuries, but also formed frame of social structure [2-9].

In modern literature this approach was most boldly expressed by the famous English expert Mr. Loyn who again resolutely said that the socio-political history of medieval England begins with free community of peasants-kerlov [10].

At the beginning of the 20th century it began to be formed and further the different view on a being of a social order of early medieval England became widespread essentially. The researchers belonging to this direction fairly paid attention to a big role of various forms of personal dependence in Old English society and also to internal hierarchy and a strong stratifitsirovannost of the last, in many respects fastened already not so much communal and patrimonial, how many with new bonds of domination submission. From their point of view, in it at all not kerla, and the military nobility who was gradually turning into large landowners dominated. However, and supporters of "aristocratic" approach to the nature of a social order of Anglo-Saxons of U11-1H of centuries did not deny that in general kerla were full free members of early Anglo-Saxon society [11-15].

It is obvious that ambiguous understanding of content of legal full rights of kerl is in many respects caused by various approaches to the analysis of bases of their social and economic independence. In this regard the purpose of the real work is the attempt to establish limits of socioeconomic freedom of kerl and to define a legal framework of their full rights.

We will begin with etymology. Linguists and historians so often translated the Old English term "kerl" (seog1) as "the free community member" that it would be possible to draw a conclusion on a certain formal etymological communication between this term and the concept "freedom". Such conclusion, most likely, is wrong. Apparently, the word "seog1" comes from Old German "kag1a7" that is meant simply by "the old person" 1. By that period when we for the first time meet the term in written sources, the word "kerl" has, at least, three various, though interconnected values: "man" in purely sexual sense, regardless of age and the social status, "husband" as opposition to "wife" and also "not notable head of a household, the free commoner" [17]. In the last value the term is most often used in legal collections and diplomas.

Considerably the smaller attention in a historiography is paid to studying the right duty of an Old English kerl, namely, to participation in a military militia and also in general the place of kerl in the military system of early Anglo-Saxon kingdoms. It is impossible to tell that the problem of the military organization of Anglo-Saxons dropped out of a field of vision of researchers at all; on the contrary, the number of the editions anyway devoted to it is very high and continues to increase. But all these publications, first, most often deal with the materials relating to a late Saxon era or the eve of Norman gain, and, secondly, most often only casually raise the questions connected with participation in military structures of Anglo-Saxons of U11-1H of centuries of ordinary kerl.

1 [16]. The glossary relating to the 8th century transfers Anglo-Saxon "seog1" lat. "ихопш".

Meanwhile the analysis of these stories, in our opinion, not only gives the chance to specify limits of "freedom" of a kerl, but also at least partly to concretize our ideas of the nature of a social order of the first Anglo-Saxon kingdoms in general.

Some English and American scientists believe that definition "free" is no more than modern gloss attached to a kerl by researchers. It is difficult to agree with it. All legislative monuments of the early Anglo-Saxon period, both from Kent, and from Wessex, use a concept "it is from kerl" (cicrlisc mon) as definition of that person which on a scale of wergilds was below notable (gesithcund), but above slaves (theow). In purely legal sense kerl "is free" because it possesses a set of some rights duties, the most important of which are the right to bring a cleaning oath in court and to protect itself and the property and also relatives and the dependent people from encroachments of strangers. It is not accidental that in the analyzed legal monuments of a kerla act as the main carriers of precepts of law. The majority of titles of codes of laws protects, first of all, their interests: penalties for the mutilations put to them, murder, for the caused material and moral damage, for invasion into the house and the estate are defined [18].

In much smaller degree "freedom" of Anglo-Saxon kerl in the social and economic sphere. In early Kent, for example, in their private use there were arable plots (usually one in size sulung), strips the communities lying within lands. This plot formed the basis of economic independence of a kerl: without its existence no rights and duties characteristic of the full member of society could be carried out. Besides, were the house with the estate a part of economy of a kerl and the rights for use of various communal grounds which were available for it. Besides the owner and members of his family in economy of a kerl, slaves and leta usually worked. At field works we have no unambiguous evidence of application of the last: sources speak about their use, first of all, in a household and in personal service.

As well as in Kent, in early Wessex the kerla had in private use allotments (on average one - two guides) and had legal rights, similar to the Kentish fellows. The Wessex laws of the considered period as well as Kentish, dazzle with the titles devoted to protection of life, honor, safety and property of kerl.

It is confirmed by that circumstance that kerl without plot was not considered by the Anglo-Saxon barbaric Truths as the private free. So, Pravdy Ine when determining penalties for absence in a militia of owners of various quantity of allotments - the guide kerl without plot will not mention in Article 51, probably, as senseless and legally impossible phenomenon. In Articles 14 and 30 of the same Truth privates free swear the plots, therefore, the lack of the last would call into question the legal status of these people as free [19].

A variety in understanding of economic and legal sense guides and also that fact that even those very modest data which we have concerning the size of a plot of Anglo-Saxon privates free contained in sources not earlier than the 10th century, put researchers in very difficult situation. Nevertheless, comparison Wessex guides (where it really was a measure of land area) and the Kentish sulung and also use of these later sources, including the Domesday Book, give some material for the analysis.

At the end of the last century the English historian and the lawyer F. Sibom came to a conclusion that he Kentish sulung presented themselves double to the guide, equal on the area to 240 acres. Other researchers, in particular Asheton, interpreting a fragment from Domesday Book "... in communi S. Martini sunt CCCC acrae et dim quae fiunt II solinos et dim", determined the size of a sulung in 180 acres. It, however, did not clear a question of size guides at all, as induced the domestic lawyer P.G. Vinogradov to address the analysis of sources again. Researches went through terminological researches, having allowed to clear intrinsic difference of a sulung from guides and from here - impossibility of their direct comparison. In determination of the sizes guides the English historians and lawyers of the last time follow Sibom and Vinogradov, including its average size in 120 acres, virgata - in 30 acres, bovata - 15 acres. Data on the sizes, certainly, very approximate, a continence in one guide are provided at F. Stanton [20].

Among domestic historians Anglo-Saxon guides A. Gurevich was engaged in detailed researches on determination of the sizes. On the basis of these fiscal units which did not enter Domesday Book he drew a conclusion on equality of a sulung the guide and determined the size of the last in 120 acres [21].

Anyway, but these researches lead to the following result. Before becoming fiscal unit, the guide, as well as Kentish sulung, was a real measure of the land area (on it indicates etymological communication of these terms with the earth and tools of its processing) which was a plot of the ordinary free householder, the economic basis of its freedom and allowing to bear the state duties, sending before the state of a duty, beseeming the free status.

In reality the social system of Anglo-Saxons, certainly, was much more difficult and besides listed included various categories semi-free and slaves. Besides, it must be kept in mind that codes of various Old English kingdoms known to us show, though same, but in many respects dissimilar forms of social system.

BIBLIOGRAPHY

1. Aelfred, 4, § 2.
2. P.G. Vinogradov. Researches on the social history of England in the Middle Ages. - SPb., 1887.
3. D.M. Petrushevsky. Essays from the history of the English state and society in the Middle Ages. - M.-L., 1937. - Page 29-77.
4. Brown R.A. The Normans and the Norman Conquest. - N.Y., 1968. - P. 217-224.
5. ChewH.M. The English Ecclesiastical Tenants-in-Chief and Knight Service. L., 1932.
6. Douglas D.C. William the Conqueror. Berkeley, Los Angeles, 1964. P. 273-280.
7. Mait1and F. Domesday Book and Beyond. Oxford, 1897. - P. 156-161.
8. Stenton F.M. The First Century of English Feudalism. - Oxford, 1961. - P. 115-162.
9. Vmogrcdoff P. English Society in the Eleventh Century. - Oxford, 1908. - P. 22-38, 74-89.
10. Loyn H.R. The Governance of Anglo-Saxon England, 500-1087. - L., 1984. - P. 50-53.
11. Barlow F. William I and the Norman Conquest. - L., 1966. - P. 117-120.
12. Chadwick H.M. The Origin of the English Nation. - Cambridge, 1907. - P. 158-162.
13. John E. Land and Tenure in Early England. - Leicester, 1960. - P. 113-161.
14. Idem. Orbis Britanniae. - Leicester, 1966. - P. 128-153.
15. Matthew D. J. A. The Norman Conquest. - L., 1966. - P. 117-120.
16. Schcbrcm H. Bezeichnungen fur "Bauer" im Altenglischen//Wort und Begriff "Bauer". - Gottingen, 1975. S. 80.
17. Aston T.H. The Origins of the Manor in England//Transactions of the Royal Historical Society. - 5-th Series, 1956, Vol. 8. - P. 70.
18. Aethelbert, 6; 17-21; 27-31; 33-72.
19. Ine, 14, 30, 51.
20. Stenton F. M. Anglo-Saxon England. - Oxford, 1944. - P. 279.
21. A.Ya. Gurevich. From the history of property stratification of community members in the course of feudal development of England. - Middle Ages. - Issue VIII. - M, 1955.

I.V. Tymoshenko

DEFINIROVANIYE of the CONCEPTUAL FRAMEWORK AS ONE OF WAYS of MINIMIZATION of ESTIMATED CATEGORIES of the LEGISLATION ON ADMINISTRATIVE RESPONSIBILITY

The efficiency of fight against administrative offenses and respecting the rule of law in administrative and jurisdictional production in many respects depend on degree of scientific development of the concepts and terms which are contained in rules of law on the administrative responsibility which is fundamental base for its improvement and further development. There are no ideal laws therefore there is an eternal problem of improvement of the legislation, its permanent approach to an ideal though it is impossible to reach the last, probably.

The Russian Federation Code of Administrative Offences is the act of the federal legislation only now which contents covers itself all complex of the fundamental precepts of law which are institute of administrative responsibility in the Russian Federation. And though the legislation on administrative responsibility is also not limited only to standards of the Code of the Russian Federation on Administrative Offences (what it is directly told in Part 1 of Article 1.1 of this law about), the Code of the Russian Federation on Administrative Offences fixes the principled stands general for all possible options of establishment and use of administrative responsibility both on federal, and on regional levels. Therefore within the subject designated above the Russian Federation Code of Administrative Offences as a research object is of interest.

Lawmaking as a type of social activity is characterized by organic unity of three of its main components: knowledge, actually activity and its result which in the dialectic mutually transitions make rather finished cycle. As a result of lawmaking its result - law per se acts. "But this result only intermediate, primary result after which there comes the effect of the law consisting in practical regulation of the public relations. Studying effect of the law allows to define its efficiency, expediency, scientific validity, etc. that, in turn, influences as feedback legislative process, allows to specify, modify, add the existing legislation, to increase its level, to enrich it with practical experience and to improve" [1. Page 25].

As well as any special field of knowledge, the legal sphere operates with difficult, many-sided and quite often very specific concepts which are expressed by the corresponding terminology. And neither the legislation, nor jurisprudence can do without it.

"The term (legal) - the word or a phrase having the legal value expressing the legal concept applied in the course of knowledge and development of the phenomena of reality in terms of the right" [2]. Any term expresses

Clinton Virgil
Other scientific works: