V članku je prikazana zakonodaja glede služenja vojske za časa Marije Terezije in Jožefa II. Iz vsebine številnih patentov je razbrati, kaj vse se je dogajalo, kaj je bilo treba urejati, kaj so ...ljudje počeli, da bi se izognili vojski, kakšne in katere so bile številne izjeme služenja, kako je potekalo naborništvo, kakšne so bile fizične in starostne norme za vojaka, nadalje da so se vojaki lahko poročali, bili na koncu invalidi, da je bila korist tudi od prodaje starih vojaških »cap«, ... Tudi iz te »vojaške« zakonodaje je razvidna absolutistična težnja po urejanju sistema, da se za vsakogar ve, kje mu je mesto in kako se mora ravnati, »da bo prav«. Z doslednim citiranjem vseh predpisov je možen (hitrejši) vpogled v zakonodajne akte kot vire vedenja o pogosto navajanih zadevah. Precej je tudi manj znanih »novosti«.
ABSTRACT IN SLOVENE: Osemnajsto stoletje je bilo prelomno tudi na podrocju kazenskega kaznovanja. Prispevek na podlagi dejanskih primerov, ki so se nam ohranili v sodnih spisih, v zelo skrceni obliki ...prikaze »razvoj« kaznovanja roparjev in tatov na Kranjskem od zacetka 18. do zacetka 19. stoletja. Na zacetku obravnavane dobe je bilo v uporabi se mucenje, najprej pri zaslisevanju in nato pri javnem, opozorilnem usmrcevanju. Kazni so bile stroge, za hude in nepopravljive kriminalce skoraj vedno smrtne. V zacetku 19. stoletja o (zakonsko dovoljenem) mucenju pri zaslisevanju ni vec sledu, zahteva se vedno bolj utemeljeno dokazovanje, zato je vedno vec dejanj nedokazanih. Javno usmrcevanje zamenjajo prostostne kazni (ki so vedno krajse), jetnikom se izboljsjuje standard prestajanja kazni. Z vedno blazjim odnosom do kriminalcev pa se seveda ne strinja javno mnenje, ki s splosnim razvojem dobe dobiva vedno vec besede. // ABSTRACT IN ENGLISH: Researching penal court records created at district court in Ljubljana for the period from the beginning of the 18th till beginning of the 19th century, we can notice growing them more and more extensive in the course of time. Interrogations of the suspects were becoming more thorough, as well as the prosecutions which were to be more and more proved and consolidated. Consecutively more and more investigations and indictments ends with »absolutio ab instantia«. However, all these legal proceedings and changes were founded on penal legislation developing more and more human. In wishful thinking nobody be unjustly condemned, it took more and more efficiency to prove the guilt to the perpetrators, whose pleading rights, on the other hand, were increasing, so more and more virtual criminals flew from justice. In the period we are dealing with, a very noticeable change presents abolition of torture as a mean to win the recognition. Instead of using torture devices, paper work increased, penal files became thicker and stiffed criminals saw no reason more to confess anything. And very soon the world learned the almost proverbial wisdom: when confess, you ge half of the punishment, when confess nothing, you get free. This statement doesn't seem to be very original, and as a matter of fact, it is not. But the researching on concrete penal records points to the very source of this popular prudence which is hard to be opposed. The eagerness to did the best in achieving just dealings on the other hand in practise turned out perpetrators becoming more and more protected, on the contrary their victims becoming more and more threatened. Victimized people almost didn't dare to inform against criminals for they lived in certain fright of imminent revenge of the felons whom the jurisdiction was not able to prove the guilt in the first place or the revenge would follow after finished sentences which became shorter and shorter. Criminals were becoming more and more bold and in the before march period we can find in the penal files how arrested brigands threatened villagers, who helped captured them, with slaughter and arson. And indeed many a time especially arsons broke out of vengeance. Circumstances on the field of »daily«, so called brigand criminal went better after introducing of gendarmerie, which was present all the time among the people (in the country). But this was part of the preventive politics, the penal legislation was going on its »human« way.
During the process of stratification of the village population in the 19th century the inhabitants of the Dovje Municipality decided in 1844 to divide what had previously been common forests. The ...described developments surrounding the division of forests, the reimbursement of the municipal shepherd and the sequestration reveal, on the one hand, the unanimity of the village community in deposing the village mayor and judge, invoking old customs, municipal council or rather village community sittings, granting authorisations to most trusted fellow villagers, as well as a united and general revolt of the entire municipality against the authorities to protect their common property. On the other hand, the same period witnessed the first visible signs of the new "zeitgeist", when the village social climbers, just like everywhere else, began to show a growing discontent with the old equalising average, which was best expressed in the desire to divide common property and the scramble for the greatest possible share. Such conditions undoubtedly also led to the diminishing value of old customs that epitomised equal community.
The article describes arson trials at the Carniolan Regional Court in Ljubljana in the first half of the 19th century. A few cases of arson were the work of confused, resentful and mentally unstable ...individuals; at that period revenge arson committed by outlaws was a common occurrence. In contrast to others, these outlaws did not stop at empty threats but did indeed set the roofs of "traitors" ablaze. However, outlaws were not the only arsonists. The ranks of arsonists also included people with other motives. The article presents a case involving an insulted prostitute and an old retired farmer. A special case was the category of unstable arsonists, who today would receive different treatment than in the past. In the pre-March period, judges were already obliged to consider the mental disturbance factor; however, proving it was considerably more challenging than it is today.
The ever-popular practice of insulting the authorities and their highest representatives has been prosecuted and penalized in different ways at different times. The article presents examples of ...penalties for disrespectful talk about the Emperor Franz Joseph in the 1850s, when the 1852 Penal Code applied. One particularly interesting case is that of a slanderer who was sentenced to the maximum punishment available, i.e. five years of close arrest. The case is extraordinary owing to the length of the penalty because usually the insulters of His Majesty were sentenced to a few months behind bars.
After crossing over ( which has began in 1992 ) , the new owners of economic enterprises has not want to take over responsibility for the " old " archives . This is especially expressed at companies ...that were in bankruptcy , where archivists always stoped in front of the " mountain " of unregulated current records and they have to deal with that all alone because there were nobody else in the abandoned areas... So here are described the most significant examples of the archival material taken from companies in bankruptcy in the northwest area, which are under the jurisdiction of the Historical archives of Ljubljana , in the Gorenjska region .
