Идеи правовой государственности в воззрениях Б.А. Кистяковского
This issue is confined to the 200th anniversary of the “Zeitschrift für geschichtliche Rechtswissenschaft”, which serves as a tribune for the legal science new developments. Articles of the acknowledged academics from Russia and other countries, included in this collection, consider different facets of historical jurisprudence in its past and present, and also comprise new areas of the academic search. The publication is intended for lawyers, employees of state and municipal officials, teachers of legal disciplines, graduate students, and anyone interested in the history of law and state.
The book discusses a little-studied aspect of the history of the Russian émigré Eurasianist movement of the 1920s and 1930s: namely, an attempt to develop holistic “Eurasianist” jurisprudence and political theory. The task proved to be much more complex than merely applying Eurasianist ideology to the field of law, as the latter was not a single phenomenon, and had different institutional and especially conceptual dimensions. Eurasianists themselves differed in their approaches to law and state. These distinctions were based on metalegal grounds, whether in phenomenological sources of the works of Nikolai Alekseev, who argued for legal individualism, or alleinheit theory in the writings of Leo Karsavin, or positivist theory informing the approach by Nikolai Dunaev. Based on Eurasianists’ published works and unpublished archival materials, this book argues for the fundamentally contradictory legal and political views by members of the Eurasianist movement. These contradictions suggest that it was impossible to create a particular “Eurasianist” legal and political theory on the basis of their writings.
The chapter traces the history of evolution of Russian liberal thought in the span of the 19th century and explores how Russian liberals conceptualized the phenomenon of imperial diversity and related to the context of empire in thinking about potentialities of progressive Russian politics. The author explores the history of importation of blueprints of liberal universalism in Russian liberal thought and the development of the paradigm of national liberalism in reposnse to the challenges of the modern empire. The author argues that the idiom of national liberalism was not the only one. A different paradigm was in existence that may be called imperial liberalism. The chapter finds out how this alternative paradigm helped Russian liberals assume a significant place in public politics in the late imperial period, when the odds of mass politics were against classical liberalism. The chapter introduces the author’s finding of the transnational genealogy of Petr Struve’s program of “Greater Russia.”
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/