Monuments Of Law Research Articles

The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation

In this study, the milestones (stages) through which the norms regarding extreme necessity have emerged and developed in the legislation of Russia, specifically its criminal legislation, were considered. A historical and legal analysis was performed to shed light on the processes that have influenced the establishment of the institution of extreme necessity in Russia. The evolution of the above norms was conditionally divided into different periods based on a number of criteria. The high relevance of extreme necessity and its justified position among the current norms of the Criminal Code of the Russian Federation were emphasized. The general terminology was elaborated as a conceptual apparatus. In line with the modern legal understanding and interpretation of criminal law canons, it was logically deduced that certain monuments of law from the studied periods are more progressive compared to others. When investigating the legal and legislative approach employed by “the legislator from the era under survey” in order to formulate provisions in legal acts, a distinctive aspect of placing norms according to different types of crime was highlighted. For the generalization and systematization of the legislative processes that occurred in Russia and influenced the emergence of extreme necessity, the development of this institution should be perceived within a historical retrospective and perspective of criminal law. Therefore, the views of a wide range of researchers were examined here.

Professor of Kharkiv University A. M. Stoyanov as a historian of law

Introduction. The article highlights the main milestones of the professional development of Kharkiv University professor A. Stoyanov and his scientific activity in the field of history of law. It was found that modern researchers who, in the course of their scientific research, turned to the analysis of his works, for certain reasons, emphasize primarily the work of the scientist in the field of international law, but usually do not pay any attention to the extremely wide range of historical and legal research of the scientist, which in his scientific creativity, he himself took far from the last place in terms of importance and volume. This is what determined the topic of this article. Summary of the main results of the study. It is noted that one of the most interesting historical and legal works by A. Stoyanov's monograph "History of Advocacy among Ancient Peoples", in which the monuments of law and legal thought of Egypt, India, ancient Jews, Greeks and Romans were analyzed. The embryo of the Institute of Advocacy A. Stoyanov saw precisely in the ancient Greek synegory. His historical and legal studies "Historical analogies and points of intersection of new legislation with ancient law", "The beginnings of family law among primitive peoples", "Family law and inheritance among Jews" and published by the publishing house of Kharkiv University in separate brochures aroused considerable interest among scientists and students of that time, "Family, marriage, and the legal position of women according to the legislative monuments of India", "Customary law in the history of the most important states of Europe and especially France", "Customs of society and courts in France from the end of the 17th century. until 1789". A certain result of this stage of his studies of ancient law was the publication of the author's lectures devoted to the history of the legislation of the countries of the East. Some scientific research carried out by Professor Stoyanov at one time caused heated discussions and controversies. Among these, first of all, we can mention the work "Historical analogies and points of intersection of new legislation with ancient law", which was published in 1883 and was an extremely interesting attempt at diachronic comparative research, one of the first that was carried out in the universities of Eastern Europe. He was an ardent supporter of comparative and especially historical methods of studying legal institutions. He used them widely when writing his scientific works. The scientist published a significant part of his works in the journal "Notes of the Kharkiv University". One of the most interesting historical and legal studies, which has not lost its relevance even today, is the work "Criminal Law of Rome from the earliest times to Justinian inclusive", published here in 1895. Conclusion. The conclusion that A. Stoyanov was a bright representative of that generation of lawyers of the Kharkiv school, whose work created the foundation of the modern national science of the history of law. His works, which during the Soviet era were forgotten for ideological reasons and only briefly mentioned by researchers, contain many layers of valuable historical and legal information and deep scientific conclusions. The merits of the scientist in the future have yet to be fully assessed by the next generation of lawyers.

Russia as the State-Legal and Theoretical-Historical Category

Introduction . Ensuring the legal order and fostering the legal values constitute the complex multifaceted process requiring concentration of efforts on behalf of the state, society and personality, all integrated in an overarching term "provision of national security", that is being supplementary edited in legal sciences into the category "legal provision of national security". There are no minor or insignificant problems on the way to achieving the objectives aimed at respecting the national interests, the same as not yet compiled is the list of measures considered exhaustive enough to achieve them. In the present scientific article the problems directly referring to the terminology used in the name of the state "Russia" are investigated in the state-legal and theoretical-historical sense. In addition, the issues related to the use of the state emblem, anthem and flag as official state symbols of the Russian Federation, the legal status of which is regulated by the federal legislation and the international regulatory legal acts, are addressed. The use of the above symbols in practice refers directly to such an attribute of a state as the legal sovereignty in terms of its visual and phonetic demonstration on the international arena and within the state. The attitude to the state symbols as well as the interpretation of the name of the state are the markers of the legal status of the country, its actual capacities on the world arena and attitude of its own people and foreign citizens towards Russia as a civilisational, cultural and state-legal phenomenon. Thus in order to increase the efficiency of the legal provision of the national security, it is expedient to detail the legal status of the state and the national symbols of Russia. The aim of this study is to carry out the state-legal and theoretical-historical research of the verbal and visual designation of the Russian Federation as a sovereign subject of the international law. Materials and Methods . This scientific article investigates the topical problems of the national security provision in correlation with the verbal, phonetic and neuro-linguistic designation of Russia as a sovereign subject of the international law. The legalistic, the historical-legal and the concrete-historical methods, as well as the political-legal method of juridical research have been used. Results . It has been proved that the constitutional-legal norm stating the identity of the categories "Russia" and "Russian Federation" does not have a completely identical semantic meaning at the level of scientific doctrine and the former refers to the latter as the general to the specific. The authors draw attention to the fact that the name "Russian Federation" being the name of the state formed in 1918-1991 is not the only etymological variant of denoting the Russian state. The term "Russia" is a Greek interpretation of the category "Rus", which has been specificated as "Ancient Rus" in the historical and historical-legal doctrine. Therefore the “Russkaya Pravda (Russian Truth)” is entitled to be referred to the first monuments of law, as well as the "Zakon Russkij (Russian Law)" mentioned in the treaties with Byzantium. At the same time, attention is paid to the need to toughen the measures preventing cases of incorrect or, not to mention it, offensive attitude to the name of the Russian state, as well as to the official state symbols. According to the authors, participation of the Russian Federation citizens in the status of "neutral athletes" in the international competitions, where the state symbols of foreign states are demonstrated corresponds to such cases. Depriving Russia of the sovereign right to officially demonstrate the state symbols is illegitimate and should not be permitted in any circumstances under the threat of refusal of the official representatives from participation in the events where the multinational Russian people is discriminated against. Moreover, the very participation of athletes from Russia in the "neutral status" is regarded “by default” as a consent with implementation of the illegitimate Russophobically tended measures discriminating against the state. At present, such participation is not considered to be a violation of the Russian Federation legislation, but it is obviously unethical and unpatriotic, but in future the law-makers may change the qualification of the respective "misdeed". Discussion and Conclusions. The state-legal and theoretical-historical type of problems related to understanding of the categories "Russia" and "Russian Federation" fixed in the legal consciousness have been revealed. The objective to specificate the meaning of these notions at the level of a doctrine has been fully achieved, which enables to clarify the unbiased understanding of the state genesis as well as the current level of development of the Russian statehood and the mission of the Fatherland on the international arena.

Criminal liability for suicide in the law of pre-Petrine Russia

This study is devoted to the criminal law regulation of issues related to suicide in pre-Petrine Russia. This period of development of domestic law is characterized by a rather weak, compared with the later stages of the history of criminal legal counteraction to suicide, study. The work presents the testimonies of contemporaries, as well as the monuments of law that were not previously considered in publications devoted to a similar topic. The prescriptions of the norms of positive law affecting suicidal behavior, as well as the sanctions that threatened suicides under the church and customary law of the period under review, are described. Special attention is paid to the popular opinion about the identity of murder and suicide in ancient Russian criminal law. Based on the analysis of normative legal acts of the era in question, it is concluded that although there was no legal responsibility directly for committing suicide in pre-Petrine Russia, the condemnation of suicide by the state authorities still found expression in other forms, in particular, by mentioning this phenomenon in a negative context. At the same time, on the example of a number of normative legal acts of the period under review, the inconsistency of the statement common in Russian science that the term "murder" included not only murder, but also suicide is shown.

Prussian codification of 1794 as a monument of law and an object of study

The article is devoted to the general analysis of Landrecht of 1794 - a monument of law, which, according to the author, is unfounded, ignored by legal historians. Landrecht is unique in many ways: an unprecedented scope, the number of branches of law included, the legal sources used, the detailed method of presenting the rules, legal technique and language, the history of creation, focus on application in judicial practice, low “viability”, etc. Explain why the legislative act has such characteristics - the task of the historian of law. The study of the realities associated with this codification, the analysis of the structure, institutions and legal terminology, and finally, the translation and publication into Russian will fill the gap in historical and legal science and help in solving the most important issues for modern law enforcement practice, such as: assessment criteria legal act (understandability, accessibility, applicability, optimal combination of volume, structure and content, compliance with the ideological program of state power, continuity of legal norms and institutions, and many others) and the use of the legal experience of the past in the modern legislative process and law enforcement

The Charter of Kotor – a source of medieval urban law on the territory of Montenegro

The article is dedicated to highlighting the sources of codification and analysis of the content of the Charter of Kotor – a town located on the shore of the Kotor Bay of the Adriatic Sea. It is emphasized that the oldest norms contained in the Kotor Statute date back to 1301, although it should be borne in mind that before the publication of its codified text, printed in Venice in 1616, the compilers did not include some previous decisions, and therefore it is assumed that this the monument of law goes back to even more ancient times. It was emphasized that the sources of codification were, first of all, norms originating from the city self-government bodies, as well as the practice of judicial bodies. In addition, the norms of customary law and the norms of the law of the Republic of Venice obviously had a significant impact on the codification. The canon law of the Catholic Church had a certain influence on the Statute of Kotor. The entire text is divided into four parts, which, in turn, consist of sections.
 Attention was drawn to the fact that the text of the Charter contained a number of norms that determined the legal status of certain population groups. The local aristocracy (nobility, nobility) was a closed state that constituted the ruling elite; its representatives held all the highest administrative positions.
 It is noted that the Kotor Charter has clearly defined the system of authorities and city management. A prominent place among the norms of law included in the Charter was occupied by norms of an administrative nature. They regulated the most diverse spheres of life of the population. A certain part of the document consists of norms regulating fiscal relations.
 It was emphasized that lively trade was carried out through Kotor. Obviously, taking into account the need to regulate relations of an obligatory nature in the first place, a significant number of norms regulating civil-law relations were included in the Charter. The statute also provides an opportunity to create an idea about crimes and punishments for them, about the some features of Kotor’s procedural law.

Эволюция института государственного обвинения в уголовно-процессуальном праве России

Introduction: in the modern criminal procedure of Russia, by virtue of the principle of adversarial parties, the court only performs the function of resolving the case, and the function of prosecuting is assigned to the public prosecutor, which is carried out by the prosecutor’s office. Despite the fact that the prosecutor’s office, as a supervisory authority, has existed in Russia for three centuries, however, there are gaps in the legal regulation of the institution of public prosecution, whose elimination is often facilitated by the study of historical experience. In this regard the authors set a goal to investigate the evolution of the institution of public prosecution in criminal procedure law of Russia. Methods: during the research, such methods as historical-legal, comparative-legal and the method of analysis are used. Results: in the paper, the authors, relying on the modern legislation and monuments of law, and the opinions expressed by competent scientists, have conducted a study of the emergence and development of the institution of public prosecution, showing that handling public prosecution is one of the guarantees of a lawful and reasonable sentence. Conclusions: as a result of the study, it is found that the emergence of the institution of public prosecution has been a natural result of the development of Russian criminal procedure legislation, the separation of the function of resolving the case and that of prosecuting allows the court to objectively evaluate the evidence presented by the parties, without being associated with the position of the prosecution.

Создание судебно-медицинской экспертизы в России: устав воинский (1716 г.)

One of the legal innovations of the reign of Peter the Great is the creation of forensic medicine in the form of legislative regulation of the anatomy of a dead body before burial to establish the cause of death. The final conclusion is made that this document is a monument of law. The task of a retrospective review of the complex of causes and conditions that led to the establishment of the Institute of Forensic Medicine at the beginning of the XVIII century in Russia has been solved. The method of formal legal analysis of the first Russian legislative act on forensic medical examination was used. It is concluded that this monument of law has a general cultural significance, as a result of a long tradition of the development of medicine and law in Russia. The legal norms related to the establishment of the institute of forensic medical examination in the Russian state, contained in the texts of the monuments of the law of the feudal period: The Contract (“Pravda”), were used as research materials Smolensk with Riga and the Gothic coast, the Charter of Tsar Boris Fedorovich to the Patriarchal Throne, a hundred and a number of normative legal acts of the era of Peter I, including the Military Charter. It is established that the Russian society of the beginning of the XVIII century was objectively ready to create a forensic medical examination in the form of an institute of examination and autopsy of a dead body to find out the causes of death. The conditions in which the monument of law was created were revealed. It is concluded that Peter’s reforms were in many ways ahead of their time, as a result of which a legislative act was created that reflected the advanced trends in the development of law.

ЗНАЧЕНИЕ ФАКТОРА ГРАМОТНОСТИ НАСЕЛЕНИЯ В ДОСОВЕТСКОЙ ИСТОРИИ КОДИФИКАЦИИ ПРАВА В РОССИИ

The article is devoted to identifying the significance of the literacy factor of the population for the codification of law in the pre-Soviet period of the history of the Russian state. Based on the analysis of empirical materials, data from researchers, texts of monuments of law, the author concludes that, along with the formation of a national language, the literacy of the population should be recognized as an important prerequisite for the transition to a unified legal order. The article proves that the spread of written culture among the Russian population contributed to the evolution of law from arbitrary casual to systemic legal forms.

Legal incentive as an element of legal culture

In legal science, the question of the influence of legal understanding on the formation of legal culture is debatable. It seems that the legal understanding is the starting point of legal culture, since the ideas of law in its internal and external expression are the basis of individual behavior. The article presents the author’s interpretation of legal incentives from a functional approach. Monuments of law, the scientific heritage of past years strongly speak of the deep historical roots of legal stimulus, the objective need of which is due to the “eternal” desire of a person to receive a reward. The effectiveness of legal incentives depends directly on the level of the legal culture of the individual, the quality of law-making and law-enforcement activities.

Генезис института судебных приставов в России в IX–XVI веках

This article discusses the basic theories of the emergence and development of the institution of bailiffs in Russia. The features of their activities in various historical periods, from the occurrence to the XVI century. Bailiffs are mentioned in various monuments of law and play an important role in the development of the entire system of state bodies. In the history of the state and law of Russia, they performed a wide variety of functions, from debt collection to tracing and torture. Particular attention is paid to the Code of Laws of 1550, as the main source of law of the XVI century.

Историко-правовой анализ развития института адвокатуры в России

This research featured the origin, formation, and development of the institute of defence attorneys in Russia. The methodology was based on the classical principles of historicism and objectivity. Comparative-historical and chronological methods made it possible to reproduce a retrospective analysis of the development of the Institute of defence attorneys. The formal-legal method helped to clarify its legal basis. The authors studied normative legal acts and monuments of law, as well as scientific publications, monographs, and dissertations related to the history of the Bar in Russia. The institute of defence attorneys proved to have a long history, from the first legal representatives of the XV century to the first Russian Bar in the second half of the XIX century, the Soviet Bar, and the contemporary Bar. At each stage, the Russian Bar had its own specific features. For instance, the term "lawyer" was not used in the pre-revolutionary period. The Judicial Statutes of 1864 included the term "sworn attorney". During the Soviet period, lawyers were called "defenders". Their function was quite formal: to represent the general principles of Soviet legislation rather than to defend the interests of the client. The contemporary law on legal practice and defence defines the terminology and regulates the legal status of an attorney. The paper also introduces an analysis of the forms of Bars in Russia and their main functions. The Institute of defence attorneys provides qualified legal assistance to the population, which makes the review quite relevant.

DEVELOPMENT OF THE INSTITUTE OF QUALIFIED LEGAL ASSISTANCE IN RUSSIA AND THE FORMER SOVIET UNION

The relevance of this work is due to the modern processes of regulation of the legal services market, typical both for Russia and for sovereign States in the post-Soviet space, in order to ensure the constitutional right to qualified legal assistance. The purpose of the work is predetermined by the analysis of ideas about qualified legal assistance in a retrospective and modern sense. The research was based on normative legal acts, including monuments of law, and scientific works (academic publications, monographs) devoted to the development of legal aid. The study was carried out using a set of comparative legal methods: the diachronic method allowed us to compare the basics of legal aid that existed in different historical periods; the synchronous method made it possible to compare the legal reality of Russia with other countries. The problem-chronological method allowed to study the essential features of the evolution of ideas about legal aid that are directly dependent on the socio-cultural transformations of the political and legal system of the and interpretation of norms, implementation of which determines the modern processes of professionalization of legal aid. The study of pre-revolutionary legislation of Russia allowed us to conclude that the traditional understanding of the provision of professional legal assistance by lawyers is formed in the process of socio-cultural modernization of the legal system during the implementation of the Judicial reform of 1864. the Paradigm of legal nihilism in the first years of Soviet power resulted in lacking any qualification requirements for persons who can provide legal assistance, which predetermined the stable practice of lawyers who did not have professional education. The liberalization of legislation during the thaw period contributed to the return to traditional understanding of legal aid. The regulation of legal aid in modern States is carried out in line with the implementation of international standards in national legislation.

Штрафні санкції за порушення природоохоронних норм у Статуті Великого князівства Литовського 1588 р.

Захист навколишнього природного середовища відноситься до найважливіших питань життя суспільства та є однією з основних функцій сучасної держави. На сьогодні склалася ситуація, пов’язана з тим, що людство дійшло до межі, коли природа не може самостійно впоратися з негативними результатами антропогенного впливу. Тому вирішення цього завдання потребує втручання держави за допомогою використання методів адміністративного впливу.
 Метою статті є розгляд штрафних санкцій, передбачених Статутом Великого князівства Литовського 1588 р., та їх порівняння із чинним законодавством України.
 Наукова новизна дослідження обумовлена необхідністю розгляду історичного досвіду, який був накопичений упродовж минулих етапів розвитку держави та права у сфері притягнення винних осіб до адміністративної відповідальності. Вітчизняною та зарубіжною юридичною наукою накопичено значний матеріал з дослідження Статутів ВКЛ, але повної картини щодо застосування штрафних санкцій у сфері охорони природи не було створено, тому це питання потребує подальшого розгляду.
 Висновки.
 
 Причиною включення до змісту Статутів ВКЛ норм з охорони природи були економічні, політичні, соціальні та екологічні чинники. Так, політичні фактори вплинули на необхідність закріплення феодальною верхівкою виключних прав на користування природними ресурсами; економічні фактори пов’язані з переходом від ведення натуральної системи господарювання до товарно-грошової; соціальні фактори обумовлені необхідністю врахування інтересів селянства, що знайшло відображення у можливості безкоштовного збору сухих дерев, проведення сінокосіння, розміщення вуликів, користування бортними деревами у великокнязівських лісах; екологічні – пов’язані зі зменшенням площ лісів, чисельності представників флори та фауни.
 Статут ВКЛ 1588 р. охороняв лише найцінніші види звірів, птахів та дерев, а за їх знищення встановлювалися штрафні санкції розміром від 0,5 копи грошей до 12 руб. грошей.
 Порівняльний аналіз штрафних санкцій за правопорушення у сфері охорони природи згідно зі Статутом ВКЛ 1588 р. та чинним законодавством України свідчить, що їх нинішній розмір значно перевищує ті, які були закріплені у давній пам’ятці права.

Грамматический облик закона в языковой практике начала XVIII века

The structural and semantic elements of the legislative situation, fixed in the legal acts of the beginning of the 18 th century, are considered in comparison with the corresponding structural components of the ancient and Old Russian legislative texts. It is determined that the historical changes in the structure of the legislative situation consist in its significant complication, which manifests itself in the explication of a larger number of elements of the situation, and therefore increases the number of grammatical representations of these elements. The elements of the organization of the law as a text in the period under review are determined: circumstances that caused the need for legislative action; something that should be performed; violation of the prescribed; punishment for violation. Particular attention is paid to the definition of the general structural features of the ancient monuments of law and documents of the early 18 th century. It is shown that among such features there is the description of situations, including the element “something that should be performed,” which is the semantic center of the text of the law and is represented by infinitive constructions. In addition, in these texts situation are marked, built on the model of violation of the law → punishment : both in the Old Russian texts and in the laws of Peter the Great’s time they expressed by constructions with conditional clauses. At the same time, in 18 th century documents elements of violation of the law → punishment often took a peripheral position in the structure of legislative act. The relevance of the research is seen in the identification of the structural model of the law as a text not on the basis of formal-compositional division, typical to the analysis of documents texts, but on the basis of the determining semantic components and their lexical-grammatical representation, characteristic for certain periods.

The Forgotten Codes of Justice (1589 and 1606/07)

This article discusses two Codes: 1589 and 1606/07. For unexplained reasons, these two large collections of laws almost fell out of the field of view of Soviet and modern historical and legal sciences. The objective of this article is to restore the unjustly forgotten monuments of law of the 16th-early 17th centuries: the Code of 1589, adopted during the reign of Fedor Ioannovich and Consolidated Code of 1606/07 promised to the people by Lzhedmitry (I), and released under Tsar Vasily Shuisky. Both Codes had a significant impact on the further development of the law. The 1589 Code provided the first systematization of legislation, implemented during the period subsequent to the adoption of the 1550 Code of Justice, covering the reign of Fedor Ioannovich and Boris Godunov. Many innovations of these Codes possessed a great democracy compared with previous legislation. The aim of this Code was the settlement of relations in the Russian North, not aware of feudal land tenure and serfdom. The 1606/07 Code regulated more extensive in volume range of relations than the 1589 Code. Large-scale tasks arose before the drafters of the Code: the settlement of the government's relationship with the nobility, who Lzhedmitry wished to rely on, as well as the relations of the peasantry, with both the government and with their owners-nobles and children of Boyar, while roll in any direction, instead of establishing relations could bring to their aggravation, so Lzhedmitry carefully balanced between social groups, which explained the compromise in the consolidated code of laws. The 1606/07 Code is a very interesting legal monument representing the first experience of systematization in the form of codification of the legislation in the history of Russian law common law. It combined rules and regulations on the basis of the subject into chapters and homogeneous chapter in the bounds, the Code comprising 25 of which. Subsequently, this way of systematizing the regulations was accepted by the members of the order of the N.I. Odoevskiy when drafting the Council Code. It should also be borne in mind that COdes of Justice 1589 and 1606/07, irrespective of their use, indicate the level of legal thought and legal qualification degree reached by lawmakers of Russia in the late 16th and early 17th centuries. They also represent a significant interest to historians of law because they found its most complete reflection events, which shook Russia at the end of the first decade of the XVI-XVII centuries. Adopted normative acts in this period mainly became known to the legislators thanks to the texts in these Codes. The article focuses the greatest attention on state-legal relations, the judicial system and legal proceedings, as well as undertaken by the 1589 and 1606/07 Codes combat against bribery in the judiciary. Consideration of the principles of the repressive policies of the State, made it possible to refute established in Soviet and modern literature, opinion on the strengthening of the "principle of deterrence" at the end of the 16th century, and on the basis of the analysis of the application of sanctions articles both Codes, sanctioning of offences, including serious, courts prove the democratic nature of the work carried out in these punitive policies.

COMPARATIVE ANALYSIS OF TERMS RELATED TO “WILLS” AND “TRUSTS” IN GEORGIAN AND ENGLISH LANGUAGES (ACCORDING TO “THE CIVIL CODE OF GEORGIA”, “COMMON LAW” AND THE LAW OF THE UNITED STATES OF AMERICA)

Problems associated with the transference of the property acquired pressing urgency with the change of political life of Georgia (from Socialism to Capitalism). The drastic changes of Georgian political and economic systems cause the creation of new institutions. On-going processes influence the sphere of law and its terminology. The establishment of new legal institutions facilitates the emergence of the so-called “empty gaps” – the unnamed elements of the system of concepts. Therefore, it is of particular importance to formulate the system of basic terminological units and clarify their precise meaning. The given paper offers the comparative analysis of the terms related to “wills” and “trusts” in Georgian and English languages according to the data of the contemporary monuments of law. It shows the similarities and differences of Georgian and English terminological systems. Therefore, the necessity of the creation of new lexical units (in order to “fill” the so-called “empty gaps”) is singled out and revealed.

The Architecture of Public Health Statutes and Administrative Regulations

T HE DRAFTING of statutes is more art than science and is perhaps closer to architecture than to English composition. The task could be analogized to many artistic efforts. It could be compared to painting, and we could now begin with bare canvas and work our way to the finished picture. But the simile of architecture seems to me to hold truest. Before the architect begins to design a building, he is limited by the terrain, climate, materia,ls, and money available, and by the local building code. The same is true with the legislative draftsman. When he begins his work, he is limited by factors similar to those facing the architect. Within these limitations the statutory artisan must build his monument of law, his legislative lighthouse-avoiding as much as possible ending up with a, Tower of Babel.