The Lawcode [Datastanagirk'] of Mkhitar Gosh: a collection of medieval Armenian feudal laws compiled by Mkhitar Gosh in the late 12th century. Its correct title is "Book of Judgement."
In addition, Mkhitar's works included works from other authors; for example, the translations of Syriac-Roman laws in the Lawcode were not authored by Mkhitar Gosh.
During the 13th century, in the Armenian Kingdom of Cilicia, the Lawcode gained the force of law. In the 16th century, it was adopted by the Polish King Sigismund I for Armenian colonies in Lviv, Kamenets-Podolski, and other cities. Certain parts of the Lawcode were translated into Latin, Polish, and Tatar languages. In the 18th century, Mkhitar Gosh's Lawcode became part of Georgian legislation, known as Vakhtang's Code (a code of laws compiled by the King of Georgia, Vakhtang), and the code continued to be effective even after Georgia became part of Russia.
The Lawcode has been preserved in numerous Armenian manuscript sources, currently housed in the Matenadaran of Yerevan, Venice, Vienna, Beirut, Paris, and other renowned libraries and repositories.
Manuscripts The earliest copy of the Lawcode was probably rewritten during Gosh's lifetime. Perhaps two original versions have survived. Numerous manuscripts have been preserved (around 40 at the Mesrop Mashtots Institute of Ancient Manuscripts). It was written with the aim of mitigating class contradictions and fostering the national-liberation spirit of the people. Editions A, B, and C of The Lawcode are known. Edition A consists of a preface and the book of judgments itself (251 articles). Edition B is divided into secular (130 articles) and ecclesiastical parts (124 articles). Edition C is identical to edition A but is concise and differs in essence.
12 reasons for writing the Lawcode In the introduction Mkhitar Gosh primarily discusses the significance and necessity of The Lawcode. Through his Book of Law, Mkhitar Gosh laid the foundation for the establishment and structure of the judiciary. In his discourse, Gosh referred to the existing legislative issues in Armenia. In Chapter B Mkhitar Gosh presents twelve reasons for the necessity of The Lawcode. "These twelve chapters contained the reasons for writing this book of judgments."
Social reason Mkhitar Gosh considered the first reason to be that Muslims and other Christians believed that Armenians had no written laws. Mkhitar Gosh writes on this matter:
"Because although it was said that there was no need for the God to judge us by written letter, yet now we have resolved to do so, because many times we have heard insults not only from unbelievers but also from Christians, who say that according to the Gospel there is no judgment at all, due to the ignorance that resides within them. And because of their opinion, the disease of evil manifests twice: first, in that the legislator allegedly acted meaninglessly, and second, in that he did not want to live on par with human nations."
The second reason mentioned by Mkhitar is evil. "Secondly, by its very nature, it led evil within us according to the laws, and it gave perfection to the imperfection of the soul and gave sorrow of love instead of hatred." Mkhitar Gosh considers evil to be the foundation of many crimes. Additionally, as an educator, he always advocates for love rather than hatred in his works.
The third reason he considers is laziness, when people do not get used to laws and the requirements of society and do not realize their importance for themselves. "Thirdly, because due to lawlessness there are those who have become accustomed to the absence of laws and prophets and the Gospel, staying away from their authority, living in lawlessness, could not choose the book of judgment, which would awaken them from sleep, as if by the hand of the scripture of judgments, living meanwhile a worthy life."
The fourth reason was the lack of education, which over time became a significant problem leading to the absence of skills and experience, and Gosh points out that the requirements and circumstances have changed, and it is no longer possible to rely on prophetic and gospel laws. "Fourthly, because skills and experience diminished over time and among nations, and worlds changed due to contingencies and did not abide by the laws, prophets, and the Gospel."
The fifth reason was that the Holy Spirit ceased to influence people's lives. Gosh notes that the absence of the influence of the Holy Spirit leads people to establish written laws and violate them. "Fifthly, in the past, the Holy Spirit influenced people and contributed to the fulfillment of true judgment. The Spirit was a law written in the hearts of people, so there was no need for a written law. Now, when the Holy Spirit does not have such influence and people have 'run away' from Christian brotherhood, orthodoxy, and 'for this reason, you have been compelled to write' Lawcode."
The sixth reason, according to Gosh, is that human morality has declined, and swearing has become the primary means of impurity. "Sixthly, because the reality of judgment leads to swearing, which the God did not allow, but which believers now often abuse in every case and wild judgments, with or without condemnation. Based on these realities, we have decided not to disregard the God's command but to establish laws and rules of judgment to address issues and, if necessary, to forgive during the trial."
The seventh reason, according to Gosh, is that Christians, lacking written provisions on crimes and judgments, resort to Muslim courts where bribery is entrenched. "Seventhly, since there is no written judgment, Christians go and resort to unbelievers, following the reproach of the prophet, 'Is there no God in Israel that you go to inquire of Baal-Zebub, the god of Ekron?'. On this account, the apostle reproaches, saying, 'And brother goes to law against brother, and that before unbelievers'."
Christian reasons The eighth reason is that Christian courts are also full of corrupt bishops, priests, and laypeople who, due to ignorance, are unable to deliver just judgments. "Eighthly, and now we see that there are many bishops, teachers, priests, and prominent laypeople who, for the sake of bribes and ignorance, pervert true judgments. And for all these reasons, we have agreed to write a book of judgments."
The ninth reason: "Ninthly, because, based on human nature, no matter how many souls or people of different occupations or dreams we wish to pass a direct judgment on, we will not be able to do so due to forgetfulness, and even if we did, we would later return with regret and say: did we pass a fair judgment or not?"
The tenth reason: "Tenthly, because when the God created Adam, with each passing day the grace of the Holy Spirit strengthened upon us. And the devil said that the Holy Spirit did not remain with people because of their sins when they sinned in the paradise of God."
The eleventh reason: "Eleventhly, because judges always fear God; they know that they will stand before the heavenly judge, so let them administer justice to people in true and direct manner."
The twelfth reason: "Twelfthly, and people appearing before the judge fear God and do not bribe judges or allow them to evade true judgment, because the All-Knowing God sees their deeds, and we will all stand before Him in judgment."
Gosh' concept of state sovereignty in Lawcode In his collection of laws, Gosh devotes much space to state sovereignty and the concept of state formation expressed in his laws. Through these laws, Gosh sought to encourage Armenian lords and the people to restore state independence. He considered the king the head of the state, who should have all the levers of sole governance. The second law, by right, is one of the most interesting, as Gosh talks about taxing other countries and subjugating other peoples and about not being enslaved, and this at a time when the orphaned Armenian people were under the influence of foreign states. One of the important characteristics of sovereignty, according to Gosh, is the supremacy of the state over subject peoples and complete independence in foreign relations. The state must have full control over internal affairs.
Having a profound understanding of Armenian history, Gosh regarded the unification of internal forces around a common idea as the most important circumstance for the restoration of Armenian independence. That's why Gosh was always angered by the villains who oppressed the peasants living in their domains. Gosh believed that the only way to restore national independence was through a national liberation struggle. Speaking about the king's powers, Gosh notes that the king must have absolute authority both domestically and in the conduct of foreign relations. Gosh asserts that the king should have the right only to build fortresses and castles; the ruler can only declare war or make peace.
One of the guarantees of a strong monarchy is the regulation of the inheritance system. Gosh notes that the state needs a system for choosing an heir to the throne, which will allow it to have an integrated state system. According to him, the question of appointing the firstborn as the heir to the throne arises from the history of the Armenian people.
Thus, Gosh presents a system that later allows many kingdoms to maintain their sovereignty and rely on the civilian population, enabling them to retain control of the country for as long as possible. However, as Gosh points out, everything is ephemeral, even kingdoms and kings.
Human rights Currently, human beings are recognized as the highest value, and one of the most significant achievements of the present era is the definition and ranking of human rights.
The protection and definition of human rights have become key elements of the ideology of modern states. The fundamental ideology of contemporary social structures, democracy, is based on the ideology of human rights and human dignity.
The issue of human rights has always been at the forefront of the attention of philosophers and political scientists. Gosh based the protection of human rights on the individual who inherently required safeguarding of their rights. By advancing the conventional principles of his time, Gosh sought to shed light on the national liberation struggle. This was a crucial step in disseminating the Judicial Book among the lower classes of society. From this perspective, it was Gosh who emphasized the official format of the "Judicial Book." Gosh understood well that without a clear state ideology and system, it is difficult to preserve the state as a high value for individuals and society. Gosh entrusted the protection of individual rights to the state with the aim of preserving the image of Armenians as a unified heritage.
Before Gosh, there were many descriptions of natural law, but he elevated it to a higher level by formulating natural law as a truth originally obtained from God, which needed to be preserved and passed down from generation to generation. In his opinion, it is up to humans to act justly and virtuously, and by their nature, people are free and equal. Natural law embodies the rights of divine justice, freedom, and equality, which are eternal, universal values that remain unchanged.