Conservative Jurisprudence and the Russian State
This article offers a variety of approaches on how to conceptualise Russian legal responses to these globalised challenges and think about future legal developments. The scholars who have contributed to this volume examine a number of issues analysing human rights, migration law, the Russian approach to international criminal law, free speech, the concepts of state and society and the Crimean crisis. The analytical material and empirical evidence they offer could be further conceptualised within the framework of conservative jurisprudence: the Russian legal profession and scholarship have been slowly adapting to it as a method of dealing with the law rather than as an ideology or practical tool for legal implementation. In this Introduction, I focus on how conservative jurisprudence works in the Russian environment to further offer a useful framework for thinking about Russian law.
In this article the author examines a recent turn in European legal history from the postwar consensus to European legal history in global perspective. He explains the two types of legal histories though the relevant ideological background and reviews the basic concepts. Also he evaluates the consequences of this turn for the inter-disciplinary interaction of legal historians with comparative law, anthropology, socio-legal studies, legal theory. Finally, he reviews the first results of the new approach, including the discovery of legal diversity and hybridity in European legal histories.
An attempt of research of a ratio of the theory and practice in François Guizot scientific and public work is undertaken in this article. Guizot is the central figure of the French liberalism of the first half of the XIX century. The theory and practice of this thinker synthesized liberalism and conservatism.
Ce manuel est une première dans la coopération juridique bilatérale entre nos deux pays. Cet ouvrage est destiné à offrir aux étudiants et aux professionnels du droit et de la justice des clés de lecture communes de deux droits souvent donnés comme divergents. L'une de ses richesses majeures est de montrer comment, en dépit de législations, de doctrines juridiques et de pratiques judiciaires différentes, les droits français et russe restent, dans un nombre important de domaines, très proches. Les branches principales des droits public et privé français et russe y sont ainsi abordées les unes à la suite des autres, alternant approches françaises et russes, afin de permettre au lecteur de mieux comprendre le fonctionnement de son propre droit à la lumière du droit de l'autre pays. Plus qu'un instrument de comparaison de nos deux systèmes, ce manuel se veut donc un instrument de coopération juridique entre nos pays, invitant à s'interroger sur ce qui fait le droit et l'identité juridique d'un Etat.
Based on the works by M. N. Katkov, L. A. Tikhomirov, P. E. Kazansky, the representatives of the conservative political and legal thought in Russia at the turn of the XX century, the article provides a comprehensive overview of their ideas on personal freedom and the role of the state in its realization, balance between rights and duties regarded as elements of legal status of a person. The article challenges a common stereotype about conservative thinkers ignoring the concept of personal freedom. On the contrary, the author argues that the problem of personal freedom was regarded in relation with adjustment of the principles of the absolute supremacy with the tendencies of modernization. The liberal ideas on incompatibility of personal freedom with the state were opposed by the conservative thesis on non-antagonism of personal freedom to monarchy which is regarded as a safeguard of modernization. Still the conservative ideas on universal freedom leading to personal oppression proved to be fatidic.
Late in life, William F. Buckley made a confession to Corey Robin. Capitalism is "boring," said the founding father of the American right. "Devoting your life to it," as conservatives do, "is horrifying if only because it's so repetitious. It's like sex." With this unlikely conversation began Robin's decade-long foray into the conservative mind. What is conservatism, and what's truly at stake for its proponents? If capitalism bores them, what excites them? Tracing conservatism back to its roots in the reaction against the French Revolution, Robin argues that the right is fundamentally inspired by a hostility to emancipating the lower orders. Some conservatives endorse the free market, others oppose it. Some criticize the state, others celebrate it. Underlying these differences is the impulse to defend power and privilege against movements demanding freedom and equality. Despite their opposition to these movements, conservatives favor a dynamic conception of politics and society--one that involves self-transformation, violence, and war. They are also highly adaptive to new challenges and circumstances. This partiality to violence and capacity for reinvention has been critical to their success. Written by a keen, highly regarded observer of the contemporary political scene, The Reactionary Mind ranges widely, from Edmund Burke to Antonin Scalia, from John C. Calhoun to Ayn Rand. It advances the notion that all rightwing ideologies, from the eighteenth century through today, are historical improvisations on a theme: the felt experience of having power, seeing it threatened, and trying to win it back.
This paper characterizes importance and the principal possibilities of application of the theory of normative systems to the problems of legal theory and of logic of norms.
The chapter in a monograph gives an insight into the key problems and most recent tendencies of the law and practice of mediation in Russia. Russia already has detailed federal legislation governing mediation. Also, mediation has been practised in Russia for years, even when such legislation was not in force. Furthermore, Russian law governing mediation is in rapid development. Thus current Russian experience can be of interest to legislators and practitioners from many countries which also face problems with case overload in the state courts.
The book consits of the articles on the history, theory and philosophy of comparative law in Ukrainian and Russian.