History of Russian Law and Its Interpretations
This essay examines methodological nuances connected with historical research of Russian law. These nuances are studied against the backdrop of two books published respectively by Professor Ferdinand Feldbrugge and Professor William Pomeranz on Russian legal history. The methods employed by these authors reveal specific features of Russian legal language and mentality which can be helpful in explaining the dissimilarities between legal and political developments in Russia and the West. They place particular emphasis on the development of legal language and productively analyze many current issues of Russian law through the lens of history of concepts. These books are evaluated as important contributions to comparative analysis of Russian and Western legal cultures. The key events of Russian legal history are considered in a perspective that sheds light on the current challenges faced by Russian law.
In his article the author considers one of the key phenomenon of the Russian intellectual culture – university as the condition of Russian elite entering the level of a European civilization, and moreover as the element, that contributed to Europeasation of the whole country. The tragedy of Russian education can clearly be seen in the fate of Russian universities. The autocracy tried to limit the freedom of science, and Bolsheviks simply exiled the Russian professorate from the country.
The chap[ter discusses dynamics of politica development of Russia and waves of political emancipation. It is demonstrated that emancipation processes lead with consolidation of the country that ends up with delagation and/or usurpation of authority by the dominat political actor of autocrat.
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.
The coursebook is designed for undergraduate law students specializing in the following spheres of law: Russian law, International Law, Comparative Law, whose native language is other than English. The Level of English before starting the course is supposed to be not lower than B1-B2 according to the CEFR. The book is aimed at developing academic and professional English skills. In in other words, prospective students are supposed to learn the English language used in special contexts (academic and professional). Thus, the primary objective is not to explain the system of law (either domestic or foreign), but to teach students to critically analyze the material related to it and to communicate at the university level and inside the profession, where students need to be prepared to listen to lectures in English, read academic and legal texts, produce different types of texts (paragraph, summary, essay, case brief), do research and present its result (in oral and written form).
To achieve its objectives the book puts stress on academic, professional and communicative skills. The academic component is realized through mastering critical thinking skills, search for information skills, note-taking skills, comparing and contrasting skills. The professional component is realized through case studies, reading legal texts, genre writing. In accordance with students’ academic and research needs the book is provided with specific vocabulary for Russian legal realia and activities to practice it. Communicative skills are developed through pairwork, groupwork and teamwork activities. The illustrative examples have mostly been taken from the British National Corpus and the Corpus of Contemporary American English.
The book can be used both in class and individually. It can be suggested as an additional course book for first or second year students.
In the article the analysis of the situation which developed in Russia at the beginning of the XX century and attempts of the imperial power to prevent the approaching catastrophe which were connected with the realization of the idea of representation of the people is given. The attitude of the last Russian emperor to the idea of formation of representation of the people is shown.
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
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.