Prísaha ako dôkaz v stredovekom inkvizičnom procese
The Oath as the Proof in the Medieval Inquisitorial Process
Author(s): Vojtech VladárSubject(s): Law, Constitution, Jurisprudence, Civil Law, Canon Law / Church Law
Published by: Univerzita Palackého v Olomouci_1
Keywords: canon law;procedural law;Roman-Canon process;proof;ordeal;oath;inquisitorial procedure;ratio
Summary/Abstract: Canon law is considered to be one of the most important legal systems forming the development of modern procedural law, namely in the area of public, as well as private law. The Church legislators, as well as the canonists as private persons, came up in the period of Middle Ages on the ground of moderation of severity of the penalties and refusing of proper evidences obtained under supposed intervention of divine authority in the form of so-called ordeals to design several institutions with its own individual development, which are applied in particular legal systems until nowadays. The main goal of this article is to point out the conceptual definition of the oath and its understanding as the proof in the medieval inquisitorial process, highlighting the important task of canon law in the development of probation in the criminal processes from ordeals towards ratio.
Journal: Acta Iuridica Olomucensia
- Issue Year: 14/2019
- Issue No: 3
- Page Range: 9-32
- Page Count: 24
- Language: Slovak