The evolution of written law until the phanariot ruling. Aspects regarding law in the phanariot age

• Author: C. Murzea/R. Matefi
• Position: Law Department, Transilvania University of Brasov
• Pages: 227-234

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 8 (57) No. 2 - 2015

THE EVOLUTION OF WRITTEN LAW

UNTIL THE PHANARIOT RULING.

ASPECTS REGARDING LAW IN THE

PHANARIOT AGE

C. MURZEA1 R. MATEFI 1

Abstract: This paper aims to analyze the evolution of the written law until

the Phanariot rulings, also poring over some general issues regarding law in

the Phanariot age. A very important role in the development of the feudal

society was played by the appearance of the books of law which were written

both in an ecclesiastic manner and in a laic manner. The written law was

meant to provide increased authority to central power as opposed to

unwritten law.

Key words: written law, rules, Phanariot period, reforms, evolution.

1 Law Department, Transilvania University of Braşov.

1. The Evolution of Written Law in the

Romanian Country and Moldavia

The centralization of the feudal state was

achieved by the initiatives of the lords

supported by the Orthodox Church. One

factor which contributed to the overall

development of the feudal society was the

appearance of the books of law which were

written both in an ecclesiastic manner and

in a laic manner, which would legalize and

regulate the feudal reports which existed

on an economical, social and political

manner. These would represent true works

of art, as they would regulate religious

matters as well as customary laic matters,

which reflected Christian spirituality in

connection with the practical aspects of

material life.

Written law provided increased authority

to central power, which was represented by

a lord, as opposed to unwritten law,

namely legal custom, which allowed for

the possibility of local leaders, the great

feudalists, to have different regulations,

which would affect the very functioning

and existence of the feudal state,

threatened by these discrepancies and the

political division.

The appearance of the religious books of

law would also provide an increase of the

lord’s power along with the authority of

the Christian orthodox cult, as they were

elaborated on the order of the lord or the

high clergy. In regard to the content, these

legislative monuments contain specific

regulations of civil law, criminal or

procedural law, profoundly affected by

religion, as it was a time when the

religious ideology was the main form of

manifestation for doctrine in the feudal

state.

The Orthodox Church in the Romanian

country, much like all the churches of the