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History of Science and Engineering Annotation << Back
THE SYSTEM OF CUSTOMARY LAW AND MECHANISMS FOR REGULATING PUBLIC RELATIONS RELATED TO HORSEMACKING (INSTITUTES OF HASHJE, BARAMTA) AMONG THE CIRCASSIANS IN THE SECOND HALF OF THE XVIII–THE FIRST QUARTER OF THE XIX CENTURIES |
A.S. Mirzoyev
The article is devoted to the consideration of the mechanisms of customary law of сircassians by regulating of social relations in the sphere of criminal law in the absence of developed state institutions in this field. The institute of ridership (zekeu) and related institutions of secret dockmen (hashje) and baramta were traditional institutions of the Circassian society, whose existence in a transformed form took place until the XIX century. Their transformation began already at the end of the XVIII century during the Caucasian War and the subsequent integration of Circassians into the legal space of the Russian Empire. The article deals with the functioning of these institutions before the beginning of these transformations, i.e. before the inclusion of Circassians in the administrative and legal system of the Russian Empire. The term «zekeue» corresponds to the institute of horsemanship in the Circassian language, meaning a military campaign in order to seize prey and gain glory beyond its small homeland. Since the institute of horsemanship was an important mechanism for maintaining military mobility and contributed to the preservation of national independence, it was cultivated in the Circassian society and was sanctified by the
norms of customary law. At the same time, the functioning of this institution, connected with such collisions as murders, kidnapping of cattle, horses, capturing people, was regulated by certain customary norms and interacted with other traditional institutions. If there were no such rules and regulations that regulated its activities, then normal economic and social life would be impossible. Any institution is called upon to perform a function that is vitally important for society. But no institution can be of a self-sufficient nature and, as a rule, is limited to other institutions, being in balance with them.
Keywords: traditional public institutions zekIuje (horsewhip), hashje (secret salesman), baramta, pre-trial investigation, plaintiff, defendant, compensation of material damage.
DOI: 10.25791/intstg.07.2019.774
Contacts: E-mail: marzeibach@mail.ru
Pp. 37-46. |
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