Abstract: The article describes the forms of guilt and culpability in the so-called normative texts of Great Moravia (Nomocanon, Admonitions to the Rulers and the Judicial Code for the People). The first part of the article describes the parts of the Judicial Code for the People, in which the actions are described, which we could define by modern legal understanding as intentional culpability and negligent culpability. In these provisions there are also indications of a distinction between direct and indirect intentions, and conscious and unconscious negligence. The author of the article considers in the text whether such a distinction of forms of culpability could have existed before the arrival of the Byzantine mission, or whether the distinction is the benefit of Byzantine (Roman) law for the domestic law of Great Moravia. The author also considers how these provisions have been implemented in practice. He points out that the rules in question contained a double sanction: secular and ecclesiastical sanctions, and sought to determine which of those sanctions had been imposed in practical life.

Authors: Jáger, Róbert

DOI: 10.17846/CL.2021.14.2.26-36

Publication order reference: doc. JUDr. PhDr. Róbert Jáger, PhD.; Matej Bel University in Banská Bystrica, Faculty of Law, Department of History of State and Law, Komenského 20, 974 01 Banská Bystrica, Slovakia; email: This email address is being protected from spambots. You need JavaScript enabled to view it.; ORCID ID: 0000-0001-6763-9245, WOS Researcher ID: AAT-8512-2021, SCOPUS Author ID: 57204071754

Source: Konštatínove listy, 2021, vol.: 14, issue: 2, pages: 26-36 (PDF file)

Keywords: GREAT MORAVIA, GUILT, CULPABILITY, OLD CHURCH SLAVONIC, LAW

Language: ENGLISH