Publication details

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


Year of publication 2023
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

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.

You are running an old browser version. We recommend updating your browser to its latest version.

More info