The Birth of the Russian science of civil law in the mid-19th century: towards the unity of the European legal tradition.
This paper examines Russia’s accession to the (Western) European legal tradition in the mid-19th century. It reviews the key elements of tradi- tional Russian legal culture of the 1820s and 1830s and examins Professor Dmitry Meyer’s (1819–1856) contribution to the establishment of westernized Russian science of civil law, reforming legal education, and formation of professional legal consciousness. To illustrate this process this study analyses Meyer’s treatment of sale and purchase contracts.
The article is devoted to the study of pre-revolutionary tradition of Roman law in St. Petersburg, specially, in the Imperial University. In chronological order, the author presents the various features of professors teaching the subject, describing the work published by them, shows the relationship of the Roman law teaching manners to the socio-political situation in the country and the situation of the universities. The article describes the characteristics of the study of the history of Roman law and its dogma (system) and results of its studies by Russian researchers during their stay in Germany, where modern Roman law was actual before the entrance into force of the German Civil Code. The analysis concludes by comparing the pre-revolutionary tradition and contemporary situation of teaching of Roman law and its contribution to legal education.
This book of conference papers includes presentations and articles of Russian scholars, who took part in the 1998 conference in the lae faculty of Mari State Univeristy. The leading scholars discussed problems of theory and philosophy of law and teaching programs on theory of state and law discipline in Russian law schools.
In this article the author considers some current issues of the state of legal education in Russia. As the main problematic aspects the author singles out the weak theoretical development of Russian legal doctrine, which makes it difficult to instill in students a culture of critical thinking and basic legal skills. Retrograde legal theory, based on a formalistic approach, denies the possibility of choosing between different options for interpreting norms and thus comes to deny the significance of analyzing such options and the need to justify the choice between them. While imparting to students knowledge of legal texts and their system of organization in the legal order, the current system of legal education does not provide students with the knowledge of how to make legal decisions in situations where there is no applicable norm, its ambiguity, or its moral, logical, or other defects. Traditional reasoning about analogy (of law or law) does not allow for the development of adequate methodological tools for dealing with such situations.
Today in the world there is a constant increase in the amount of information and the speed of its publication. This inevitably leads to a serious increase in the amount of data that a person analyzes, and, as a consequence, an increase in the load on his perception.
This issue is particularly acute in the legal sphere, where the problem of perception leads to a direct decrease in the level of legal culture of society. This article raises the problem of prospects for the development of visual, and in a broader interpretation of any non-text (audio, multimedia, etc.), the method of storage and transmission of information as a form of expression of law in the modern world
Research and the analysis of modern development problems of the theory of state and law form the main content of the monograph. The paper is focused primarily on the subject matter of the theory of state and law. The research principle pervades all content of the book. The polemic approach is typical for the majority of the authors of this publication. The main discussion topic: do state and law constitute realia, and to what extent do they feature logical and psychopolgical concepts, and to what - sociological ones. We did not pursue the aim to ensure unanimity in the authors' positions, and this circumstance can encourage using this book in teaching and learning activities.
The monograph was prepared following the results of the scientific conference 'Theory of State and Law: in Science, Education and Prectice' dedicated to the 75th anniversary of Professor V.V. Lazarev, which was organized by the Institute of Legislation and Comparative Law under the Government of the Russian Federation and Kutafin Moscow State Law University (MSAL) and took place on October 27, 2015.
Aimed at scientific workers, professors, postgraduates and students studying Bachelor Degree and Master's Program.
Strengthening the foundations of the rule of law, the formation of civil society and the exercise of constitutional rights and freedoms citizens are directly related to the state of their legal culture, the level of legal consciousness. In this regard, legal education andlegal education of citizens should be one of the priorities directions in the work of all participants in the system of legal education regardless of the field of activity.
The reviewed book is an example of learner’s manual that has deal with special terminology in legal sphere of old-Russian language. During recent years law students have objective troubles with learning of legal terminology, especially those that had lost their meaning in contemporary world. Explanatory Dictionary of M.A. Isaev fills that gap in legal science.
This article deals with the objectives and the main areas of activity of the European Academy of Legal Theory. The authors point out at the challenges which the contemporary world put before the legal theory. They analyze the experience of the European Academy of Legal Theory in addressing these challenges. In particular, they touch upon the issue of innovative technologies and renewed priorities in teaching legal theory. The authors focus on the efforts of the Academy to lay down a framework for a united intellectual environment for those who teach theory of law and conduct their scientific research in this field. One of the characteristics of these efforts is the project AMELIE. Its objective is to introduce a united master program in legal theory where several big European universities will cooperate. In conclusion, the authors stress the necessity to reform the system of legal education in Russia and consider it appropriate to examine the positive experience of the European Academy of Legal Theory in this regard.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/