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Europeennes Revue Desetudes Sud~Est Europeennes Civilisations Mentalites Ic ACADEMIE ROUMAINE INSTITUT D'ETUDES SUD-EST EUROPEENNES REVUE DESETUDES SUD~EST EUROPEENNES CIVILISATIONS MENTALITES IC TOME XXXIV 1996 NOS 3 4 L'HERITAGE BYZANTIN EA EDITURA ACADEMIEI ROMANE www.dacoromanica.ro DIRECTEUR DE LA PUBLICATION ALEXANDRU DUTU COMITE CONSULTATIF SKIL AKGUN (Ankara), VIRGIL CANDEA, N. N. CONSTANTINESCU, NADIA DANOVA (Sofia), DENNIS DELETANT (Londres), LOUKIA DROULIA (Athenes), ZOE DUMITRESCU-BU$ULENGA, ALEXANDRU ELIAN, ANNELIE UTE GABANY (Munich), ZORAN KONSTANTINOVIC (Innsbruck-Belgrade), M.N. KUZMIN (Moscou), PAUL MICHELSON (Huntington), EMIL NIEDERHAUSER (Budapest), ST. POLLO (Tirana), M. D. PEYFUSS (Vienne), MIHAI POP, RUMEANA STANCEVA (Sofia), POMPILIU TEODOR, BIANCA VALOTA- CAVALLOTTI -(Milan), ALEXANDRU ZUB. COMITE DE REDACTION CORNELIA PAPACOSTEA-DANIELOPOLU, ANDREI PIPPIDI, ELENA SCARLATOIU, NICOLAE-URBAN TANAV:ICA, DANIEL BARBU, LAURENTIU $TEFAN-SCALAT (secretaire de la redaction). Tome commande sera adressee a: RODIPET SA, Plata Presei Libere nr. 1, Sector 1, P. 0. Box 33-57, Bucuresti. Romania, Fax 401-222 6407, Tel. 401 618 5103; 401-222 4126. ORION PRESS INTERNATIONAL SRL, $os. Oltenitei 35-37, Sector 4, P. 0. Box 61-170, Bucuresti, Romania, Fax 401-312 2425; 401-634 7145, Tel. 401-634 6345. AMCO PRESS SRL, Bd. N. Grigorescu 29A, Ap. 66, Sector 3, P. 0. Box 57-88, Bucuresti, Romania, Fax 401-312 5109; Tel. 401-643 9390; 401-312 5109. La correspondence, les manuscrits et les publications (livres, revues etc.) envoyes pour comptes rendus seront adresses a la REVUE DES ETUDES SUD-EST EUROPEENNES Casuta postala 22.159 71100 Bucuresti Les articles seront remis dactylographies en deux exemplaires. Les collaborateurs sont pries de ne pas depasser les limites de 15-20 pages dactylographiees pour les articles et 5-6 pages les comptes rendus. EDITURA ACADEMIEI Ca lea 13 Septembrie nr. 13, telephone 410 32 00 Bucuresti ROMANIA www.dacoromanica.ro REVUE DES ETUDES SUD-EST EUROPEENNES CIVILISATIONS-MENTALITES TOME XXXIV 1996 1P's 3-4, JuilletDecembre SOMMAIRE L 'heritage byzantin L. V. MILOV (Moscou), The Problem of Byzantine Law in Old Russia 201 EMANUELA POPESCU- MIHUT, Quelques aspects de la reception du droit byzantin dans les Principautes Roumaines 209 B. N. FLORIA (Moscou), 0 xapaxTepe sinawrKicicoro H.rimaripin Ha pyccxylo o6itiecTseituylo MbIC.11b 221 TUDOR TEOTEOI, Preliminaires a l'etude de la tradition byzantine chez les chroniqueurs du Moyen Age roumain 229 S. F. ORECHKOVA (Moscou), 131.r3aHnin 14 OcmaHcxan minepHs: npo6.riema npeehicrseHHOCTI4 239 NICOLAE ERBAN TANASOCA, L'image byzantine des Roumains 255 V. J. GROSUL (Moscow), B143aHTII3M KOHCTaHT1411a JICOHTbeBa 265 GH. MANUCU-ADAMESTEANU, La diffusion de la monnaie bzyantine en Dobroudja aux IV-X° siecles 275 Chronique CATALINA VATAgSCU, LAURENTIU $TEFAN-SCALAT, Activites de l'Institut des Etudes Sud-Est Europeennes (Juillet 1995Juin 1996) 289 VIOREL PANAITE, Le II* Congres sur «Chretiens et Musulmans a l'epoque de la Renaissance» (Tunis) 297 In memoriam Cornelia Papacostea-DanielopoluION MATEI 299 Comptes rendus Nation'alitaten and Identitaten in Ostmitteleuropa, hrsg. Walter Lukan, Arnold Suppan; DI.JAN BATAKOVI, Yougoslavie; From Stalinism to Pluralism, ed. Gale Stokes (Alexandru Dulu); AIKATERINI KOUMARIANOU, 6 LAATIvococ 11QoE3ravaararmic Tintoc Eitivvri-llaQiat (1784-1821); KONSTANTINOS SP STAIKOS, Ta Tumotteva art) Btivvri akivisit 131.(3Ala 1749-1800 (Cornelia Papacostea-Danielopolu); LARRY WOLF, Inventing Eastern Europe. The Map of Rev. Etudes Sud-Est Europ , XXXIV, 3-4, p.197 342, Bucarest, 1996 www.dacoromanica.ro Civilisation on the Mind of the Enlightenment (Cristina Ion); GILBERT DAGRON, Empereur et pretre (Tudor Teoteoi); APOSTOL STAN, MIRCEA IOSA, Liberalismul politic in Romania (Laurentiu Had); Magyar Liberalizmus, ed. Tokeczki Laszlii, ($tefaniaMihailescu), REINHARD LEBER,PolitischeKulturand Systemtransformation in Rumanien (Mircea Pop) 301 Notes de lecture 321 Table des matieres 339 www.dacoromanica.ro REVUE DES ETUDES SUD-EST EUROPEENNES CivilisationsMentalites TOME XXXIV 1996 N" 3-4, JulyDecember CONTENTS The Byzantine Heritage L. V. MILOV (Moscow), The Problem of Byzantine Law in Old Russia 201 EMANUELA POPESCU-MIHUT, On the Reception of Byzantine Law in the Romanian Principalities 209 B. N. FLORIA (Moscow), Characteristics of Byzantine Influence on Russian Social Thought 221 TUDOR TEOTEOI, Prolegomena to the Study of Byzantine Tradition in the Roma- nian Medieval Chronicles 229 S. F. ORESHKOVA (Moscow), The Byzantine and the Ottoman Empire: the Problem of Succession 239 NICOLAE SERBAN TANASOCA, The Byzantine Image of the Romanians 255 V. I. GROSUL (Moscow), The Byzantinism of Konstantin Leontiev 265 GH. MA.NUCU-ADAMESTEANU, The Circulation of the Byzantine Coin in the 19th and 20th century Dobroudja 275 Chronicle 289 In memoriam 299 Book-Review 301 Short-Notices . 321 Contents 339 Rev. Etudes Sud-Est Europ., XXXIV, 3-4, p. 197-342, Bucarest, 1996 www.dacoromanica.ro 202 L. V. Milov 2 the migration of a part of Eastern Slavonic tribes from the region of Middle Dnieper to the Balkan peninsula (6beginning of the 8th century). Thus the term "zadnitsa is used in the full translation of Eclogue as escheat or as unlegated property and sometimes as inheritance. This term can be seen in the translation of articles 6 and 7 of the Vth title, and of article 5 of the XVIth title of Eclogue. Ancient Slavonic (Old-Bulgarian) texts do not know such a term. They know only the initial meaning of this word"seat", i.e. a place on which a man sits. One of the peculiarities of the Old-Russian translation of Eclogue is its inexac- titudes, indicative of the impossibility of the adequate translation of the vast juridi- cal vocabulary of Byzantium of the 8th century into the language of a much more underdeveloped society. In particular, the Old-Russian translator also used the term "zadnitsa" in a number of articles (VI: 7, 11, 12, etc.) of Eclogue, devoted to the problem of legats (posthumous gifts) and those persons to whom legats were bequeathed. In other words, the translator did not want to (could not!) distinguish the notions "property left after somebody's death" and "posthumous gift", which was ordered by the main heir in Byzantium. The translation of the term "legatee" by the word "zadnichnick", which was probably an innovation, was also one of the merely Russian methods of the translator's work. The second very important moment in favor of the Old-Russian origin of the translation of Eclogue is the usage of the quite ancient term "gospoda" (fern.) in the sense of "complete ownership". The term "gospoda" itself is very archaic and seems to be pre-Slavonic (it was preserved in the sense of "hotel" in languages of all the Slavonic peoples). But only the texts of Old Russia know it in the meaning of "power, supremacy". This power was understood as an aggregate of "masters" (gospoda collective noun). Some texts testify to that (Chronicle of George Amartole, p. 146; Legend about Boris and Gleb, 131; Chronicle of Novgorod un- der 6906 year; Judgement charter of Pskov and others). The Old-Russian translator of Eclogue, forced to reproduce the notion "complete ownership" (XVII, 12: "...If he doesn't want to receive his slave, let him give him in complete ownership to the one who had suffered a theft") found the term "gospoda". The Old-Bulgarian texts do not know such a term in the sense of "power, supremacy"; one can find the term "gospoda" only in the meaning of "hotel", as in Serb-Croatian, Slovenian, Czech, Slovak, Polish, upper and lower Luzhnitsky languages (hotel, coaching inn). By the way, previous generations of researchers were adherents of the Old- Bulgarian origins for the Eclogue translation, being under the influence of the XVIIth title of Eclogue. This title contains the pure South Slavonic term "zhupan" in the sense of "commander". "head of the district" etc. in all the preserved texts of the Slavonic (Old-Russian) translation. But the author of this text proved that the text of the XVIIIth title, standing in all the manuscripts, preserved in Russia, be- fore the XVIIth title of Eclogue, is no more than a result of the correlation of the defective text of the archetype from which all the texts known tous have come. The second part of the XVIIIth title "About the division of the loot"was just lost in the archetype. Old-Russian lawyers who were widely educated in the field of the reception of Byzantine law used for the restoration of the lost text the ancient www.dacoromanica.ro 3 Byzantine Law in Old Russia 203 Slavonic compilation from Eclogue, known as "Zakon sudnyi Ljudem" (as it comes from the recent publications, one of the Slavonic proto-teachers Cyrille-Constantine was its creator). Thus, the text from the article "About Captivity" of Zakon sudnyi Ljudem appeared in the second part of the XVIIIth title in the full translation of Eclogue. There are some additions and changes in it which were brought in by the creator of Zakon sudnyi Ljudem, but which are absent in the Greek text of Eclogue (in particular, the phrase "so told and written from prophet David"). The term "demosia" (treasure) is translated as "prince" (but in complete Old-Russian ver- sion it is translated everywhere as "Ijudskoe" (concerning all the people)) and the term "archont" is translated as "zhupan". This place namely (and also some editorial distortions, made in the 18th century in Moscow) supported the emergence of the legend of Old-Bulgarian trans- lation of Eclogue. The most important problem is to ascertain the time of the cre- ation of Old-Russian version of Eclogue. The mode of translation, the methods of the transmission of the difficult juridical and political notions of well-developed Byzantine society of the middle of the 8th century in Old-Russian language will help us. Here the translator appears as a representative of the society. which has just come into civilization, which does not know such notions as "state", "trea- sure", "fisk", "post" etc.
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