The Development of a Russian Legal Consciousness


Book Description

Until the nineteenth century, the Russian legal system was subject to an administrative hierarchy headed by the tsar, and the courts were expected to enforce, not interpret the law. Richard S. Wortman here traces the first professional class of legal experts who emerged during the reign of Nicholas I (1826 – 56) and who began to view the law as a uniquely modern and independent source of authority. Discussing how new legal institutions fit into the traditional system of tsarist rule, Wortman analyzes how conflict arose from the same intellectual processes that produced legal reform. He ultimately demonstrates how the stage was set for later events, as the autocracy and judiciary pursued contradictory—and mutually destructive—goals.







Reforming the Russian Legal System


Book Description

This book examines how traditional indigenous Russian legal values and the 74-year experience with communism and "socialist legality" are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today.




Toward the Rule of Law in Russia


Book Description

The contributors to this volume - all specialists on Soviet law and politics - offer a comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S.R., thus effecting a fundamental change in the relationship between the state and private groups and individuals. Gianmaria Ajani, Donald Barry, Harold Berman, Frances Foster-Simons, George Ginsburgs, John Hazard, Kathryn Hendley, Eugene Huskey, Dietrich Loeber, Peter Maggs, Hiroshi Oda, Nicolai Petro, Robert Sharlet, Louise Shelley, Will Simons and Peter Solomon, with commentary by Soviet scholars, discuss conceptual, historical, social, cultural, and institutional aspects of Soviet legal development, and supply detailed analysis of recent developments in the areas of civil, criminal, and labour law and the rights of individuals, economic organizations, and political and social groups.




Russia's Constitutional Revolution


Book Description




Law and the Russian State


Book Description

Russia is often portrayed as a regressive, even lawless country, and yet the Russian state has played a major role in shaping and experimenting with law as an instrument of power. In Law and the Russian State, William E. Pomeranz examines Russia's legal evolution from Peter the Great to Vladimir Putin, addressing the continuities and disruptions of Russian law during the imperial, Soviet, and post-Soviet. The book covers key themes, including: * Law and empire * Law and modernization * The politicization of law * The role of intellectuals and dissidents in mobilizing the law * The evolution of Russian legal institutions * The struggle for human rights * The rule-of-law * The quest to establish the law-based state It also analyzes legal culture and how Russians understand and use the law. With a detailed bibliography, this is an important text for anyone seeking a sophisticated understanding of how Russian society and the Russian state have developed in the last 350 years.




The Rule Of Law And Economic Reform In Russia


Book Description

What impact has Russia's chosen path of reform had on the development of law after the collapse of the communist regime? This collection of essays examines how Russia's distinctive traditions of law-and lawlessness-are shaping the current struggle for economic reform in the country. Nine renowned scholars, chosen from specialties in history, politi




Reforming Justice in Russia, 1864-1994


Book Description

Measuring Russian legal reform in relation to the rule-of-law ideal, this study also examines the legal institutions, culture and reform goals that have actually prevailed in Russia. Judgements about future prospects are measured, adding new dimensions to our understanding of the Soviet legacy.




Renovating Russia


Book Description

Renovating Russia is a richly comparative investigation of late Imperial and early Soviet medico-scientific theories of moral and social disorder. Daniel Beer argues that in the late Imperial years liberal psychiatrists, psychologists, and criminologists grappled with an intractable dilemma. They sought to renovate Russia, to forge a modern enlightened society governed by the rule of law, but they feared the backwardness, irrationality, and violent potential of the Russian masses. Situating their studies of degeneration, crime, mental illness, and crowd psychology in a pan-European context, Beer shows how liberals' fears of societal catastrophe were only heightened by the effects of industrial modernization and the rise of mass politics. In the wake of the orgy of violence that swept the Empire in the 1905 Revolution, these intellectual elites increasingly put their faith in coercive programs of scientific social engineering. Their theories survived liberalism's political defeat in 1917 and meshed with the Bolsheviks' radical project for social transformation. They came to sanction the application of violent transformative measures against entire classes, culminating in the waves of state repression that accompanied forced industrialization and collectivization. Renovating Russia thus offers a powerful revisionist challenge to established views of the fate of liberalism in the Russian Revolution.




Law and the Christian Tradition in Modern Russia


Book Description

This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.