The Concept of Crime of «Murder» in Russian Medieval Law

Abstract

The paper pays special attention to the importance and long-overdue need for a more detailed study of historical and legal terminology, a revision of its etymology and semantics, legal meaning using all kinds of methodological structures, which, in turn, can significantly expand the scientific understanding of the legal life of past generations, become the key to understanding the intricacies of their legal life, legal consciousness and many other important aspects of life. The work reflects the ideas of a multidimensional study of Russian statehood and culture, which the author has been conducting for many years. It is especially emphasized that the study of the legal terminology of the period of medieval Rus’ should not be carried out in isolation from the spiritual traditions and customs and mainly the religious and philosophical foundations of the Russian people, which were decisive in the development of society, states and law. Using extensive research material, the author makes an attempt to reconsider the issues of the genesis of medieval criminal law. In pre-revolutionary, Soviet and post-Soviet historical and legal science, a purely narrow understanding of the concept of «murder» was formed as a crime against life in the form of intentionally causing death. Russian memorials of law related to the Middle Ages contain information indicating that this term denoted a fairly wide range of offenses and crimes — both against the life of Orthodox Christians and against their health, decency, religion, etc.