Bondaruk T. Legal doctrine as a source of law in the Grand Duchy of Lithuania
The legal doctrine can determines like the initial source of law in relative to other sources. In particular definition is formulated as a result of intellectual, volitional and focused activities in generalization of publicly-legal experience with the experience of lawyers during the late Middle Ages. Make such a conclusion primarily allows analysis of codification process in the Grand Duchy of Lithuania. In close connection with them were the process of formation and institutionalization of all areas of legal processes with gradual dominance segment of professional lawyers who create new law.
Methods of detection legal doctrine among others are the principles of law and legal definitions, doctrinal interpretation of the law, legal structures, rules for resolving conflicts of law rules of addition and preparing legal documents.
The main way of sanctioning legal doctrine embodies generally accepted in the professional environment, first legislators, ideas, opinions in legislation. In fact, applicable legal doctrines becomes subject to recognition of their style forming factor in law enforcement.
Talking about legal space of the Kingdom of Poland, Grand Duchy of Lithuania and Poland, should be talking about several levels of legal doctrines like Christian and secular, which were in close contact with each other. Actually in Ukraine a new understanding of the nature of social processes associated Yuri Drohobych (Kotermak), Paul Rusin, Shimon Shimonovich, Stanislaw Orzechowski-Roxolanin, Jan Vyshensky. Proceedings of these and other thinkers consisted primarily ideological and philosophical subsoil of legal culture in these lands. Produced materials of doctrinal ideas largely took place in the chancelleries of the courts, chancelleries of magdeburg and zemsky governments, and mostly of the Grand Duke’s chancelleries.
Intellectuals so-called «second circle» contributed to the intellectual life of new ideas and initiatives. Important role played by special legal education of immigrants from these lands in the universities of Krakow, Prague, Bologna, Padua and more. Their special role in the implementation of legal doctrine in law belonged commissions for the preparation statutes. Thus, the preparation of the Lithuanian Statute 1529 associated with M. Radvyl and his brother Ian. A. Goshtauld who made his final editorial revision. In preparing the Lithuanian Statute 1588 took an active part A. Rotundus (Meleskyy), founder of the school of law in the Grand Duchy of Lithuania. Obviously, owing to their efforts, Lithuanian Statute 1566 was full of common European humanist ideas and Roman legal structures.
Preparation of the Third Lithuanian Statute was carried in parallel codification and on the county sejmik under the direction of A. Volovich and L. Sapieha with A. Volan. The preamble of Statute 1588 contains provisions theoretical and political law, essential features and principles of public and legal system of the Grand Duchy of Lithuania: about the law as the foundation of the state system of the Grand Duchy of Lithuania, the obligation of the king to keep the rights and freedoms of the nobility, the priming state security on the right of equality all before the law. Legal doctrine in the Grand Duchy of Lithuania was the «right of lawyers» within the meaning of the lawmaking concept H. Puhty or «right of intellectuals» and formed under the influence of Roman law and canon law, legal ideas, primarily produced by Christianity and the Reformation, which largely determine character of the Lithuanian Statute. They are not only have become landmark law, but ahead of their time, too early to fixing the basic ideas of the rule of law.
Key words: legal doctrine, Grand Duchy of Lithuania, Statutes of Lithuania, medieval law, sources of law.