## Georgian Law: Punishment Objectives and Types This document explores the objectives and types of punishment in Georgian law, examining historical periods before and after the Mongol invasions. Key figures like Ivane Javakhishvili and Al. Vacheishvili provide crucial insights. ### Punishment Before the Mongol Invasions Prior to the 10th century, secular legal documents are scarce, necessitating the use of alternative sources like religious texts for understanding punishment. #### Early Georgian Legal Thought * **Euthymius of Mt. Athos:** His translations of legal texts, notably the "Canon of the Sinners," offer valuable information on punishment types and their evolution. Initially, punishment was viewed through a lens of divine retribution – God's desire not for suffering, but for the sinner's correction. The expulsion from Paradise is cited as an example of divine correction, aiming for eventual return after repentance. However, this perspective clashed with the Church's evolving worldview. #### Javakhishvili's Four Objectives of Punishment Ivane Javakhishvili identifies four key objectives of punishment in early Georgian law: 1. **Moral Reformation:** The primary goal was the rehabilitation of the offender. David the Builder's approach to Liparti, where he imprisoned him briefly for correction, exemplifies this humane approach. Javakhishvili summarizes this as "training" and "correction" of the offender. Euthymius of Mt. Athos and Ekvtime Takaishvili shared this view. 2. **Physical Punishment:** Corporal punishment was used for incorrigible offenders when other methods failed. This was a last resort, employed only when reformation proved impossible. 3. **Exile and Expulsion:** Used for individuals with inherent criminal tendencies or those whose families had a history of crime. Exile (exoria) involved banishment from the country, while expulsion removed the offender from their community. The overarching goal was maintaining public peace and order. 4. **Upholding Justice and Law:** Ephrem the Syrian's later perspective emphasized the role of punishment in upholding justice and legality, a shift from earlier views focused solely on retribution. It's crucial to understand that the application of these objectives varied depending on the specific crime and the social context. #### Vacheishvili's Contribution Professor Al. Vacheishvili highlights the early presence of preventative theories in Georgian law, aiming to deter crime before it occurred. He also confirms the existence of retribution as a purpose of punishment, evidenced by the concept of "misagebeli" (compensation). #### Nadareishvili on Private vs. Public Punishment G. Nadareishvili distinguishes between private and public punishments. Private punishment involved the offender satisfying the aggrieved party. However, Nadareishvili argues that purely private punishments were rare, as even in minor offenses, the state often played a role. Public punishment, on the other hand, involved state-imposed sanctions. Nadareishvili also clarifies the term "siskhli" (blood), emphasizing its primarily financial aspect as compensation for damages, not solely a punishment. "Patiji" represented the public punishment imposed by the state. ### Punishment System in Unified Feudal Georgia (Before Mongol Invasions) Ivane Javakhishvili describes a comprehensive system: * **Capital Punishment:** Limited to treason, direct insult to the king, and piracy. Methods included beheading and hanging. The 11th and 12th centuries saw a more humane approach, with capital punishment used sparingly. Under Tamar, it was virtually abolished. * **Mutilation:** Included various forms of bodily harm, such as blinding, tongue removal, and limb amputation. The punishment of Kakhaber Kakhaberidze under David Narin exemplifies this harsh approach. * **Exile and Expulsion:** Both temporary and permanent forms existed, used for state crimes and sometimes for other offenses. * **Imprisonment:** Information is scarce, but Sukhumi-Sabas's writings describe three types of prisons: *dilegi* (chained prisoners), *sakani* (dark, lower level), and *sapatiro* (unchained confinement). * **Corporal Punishment:** Included beatings with sticks, whips, and rods. Monasteries also used corporal punishment, with the number of lashes varying based on the severity of the offense. * **Confiscation of Property:** Seizure of land, as seen in Giorgi the Brilliant's law for the murder of a governor. * **Deprivation of Civil Rights:** Temporary or permanent, including exclusion from military service, effectively a form of civil death. Other forms included shaming punishments like having ashes thrown on one's head or being paraded through the streets. * **Financial Compensation:** Payments to the state, feudal lord, or court. A portion of blood money (siskhli) went to the state. The "shvideuli" system, where a thief had to repay seven times the stolen value, illustrates the combination of private and public punishment. * **Ecclesiastical Punishments:** Primarily for religious offenses. Included excommunication (uziarebloba), which could be accompanied by secular punishments. Other punishments included expulsion from a monastery and degradation (dakrulva), often involving secular consequences. ### Punishment After the Mongol Invasions The Mongol invasions weakened the state, leading to increased reliance on reconciliation and negotiation between parties. Vakhtang VI's legal code (including 14th-century laws) provides insight into this period. #### Objectives and Characteristics of Punishment in Vakhtang VI's Code Vakhtang VI's code explicitly mentions deterrence as a goal of punishment (Article 13). Many articles (221, 222, 227, 242, 253, 259) address retribution. Articles 220, 242, and 259 show symbolic talionic principles, reflecting a less literal "eye for an eye" approach. Vacheishvili links this to symbolic talion, a reflection of material talion, used to deter crime and enforce state policy. #### Specific Punishments Post-Mongol Invasions * **Capital Punishment:** Beheading and hanging remained, though not explicitly detailed in Vakhtang's code. Articles 33, 81, 82, 221, and 222 suggest its use for serious crimes like treason and murder. * **Mutilation:** Vakhtang's code mentions mutilation (nasaghi), including finger amputation, for various offenses. * **Corporal Punishment:** Beatings are mentioned sparingly (e.g., Article 65). * **Imprisonment:** Less prominent than before, possibly due to the weakened state. Vakhtang's code (Article 64) and Bagrat Kurapalati's code (Articles 101-104) mention imprisonment ("shepqroba"). * **Shaming Punishments:** Included humiliation and moral suffering (e.g., Article 69, the punishment of a matchmaker). * **Financial Punishments:** Fines (jarimia) and confiscation (konfiskacia) were used. Fines could be paid to the state or the victim (Article 242). Confiscation ("mosarbeveli") is detailed in Vakhtang's code (Article 177) and Giorgi the Brilliant's code (Articles 1, 3, 5, 6, 11, 17, 19). * **Ecclesiastical Punishments:** Degradation (shecheveneba) remained a severe punishment, often accompanied by secular penalties. ### Types of Crimes in Georgian Law Ivane Javakhishvili identifies two main state crimes: * **Treason and Rebellion (gandgoma):** Undermining the political unity of the state. Included overt acts (gandgoma) and covert actions (orgulva). Severe punishments were common. * **Insulting the King:** Direct disrespect towards the monarch, punishable by tongue removal and death. V. Abashidze expands on state crimes, including attempts on the king's life, conspiracies, and actions aimed at changing the political order. #### Crimes Against Persons * **Murder (mkvleloba):** Punished with blood money (siskhli) and ecclesiastical penalties (excommunication). Severity varied based on intent and the victim's status. * **Assault (dachra):** Included various levels of injury, from minor wounds (gershi, nakhshiri) to serious ones. * **Piracy (mekobreoba):** Considered a crime against property due to its focus on plunder, though often involving violence. #### Crimes Against Property * **Theft (parva):** Secret acquisition of another's property. * **Robbery (rbeva):** Open and forceful seizure of property. * **Banditry (avazakoba):** Attacks on caravans. Punishments for theft included restitution, payment of seven times the stolen value to the state (or church if the offender was a cleric), and harsher penalties for repeat offenses.