Delikt “hanění” v právní praxi středověkého a raně novověkého brněnského městského práva
| Title in English | The delict of defamation in the legal practice of medieval and early modern Brno municipal law |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | Trestné činy proti svobodě a lidské důstojnosti včera a dnes |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Doi | http://dx.doi.org/10.5817/CZ.MUNI.P280-0445-2023-7 |
| Keywords | Brno municipal law; defamation; slander; Middle Ages; early modern times; law; legal instructions; Uherské Hradiště. |
| Description | The paper deals with the offense of "defamation" and ways of punishing the perpetrator in the light of medieval and early modern Brno municipal law. From the point of view of terminology, defamation included several facts, not only defamation itself, but also defamation and insulting a public official. The type of punishment and its amount then depended on the seriousness of this illegal act, while the Brno jurors who decided to punish the perpetrator took into account the motives behind the "defamation". In the preserved agenda, there was a completely unique case where the swearing was supposed to have taken place as a so-called joke, and it turned out that it was a common way of communication between men who did so to each other. Following this, the Brno swornmen issued legal sentences, in which they pointed out this fact and relied on the well-known Roman law principle expressed in the Digests (Dig. 50.17.56: "Semper in dubiis benigniora praeferenda sunt."). This and other cases that were presented in the article have been preserved in the town books of Uherské Hradiště and point not only to the diversity of the disputes solved in practice, but also of the sanctions imposed. |
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