«Право ученых» как фактор становления социальной нормы верховенства права в Западной Европе
The rule of law is widely recognized as a universal value of modern civilization. However, this recognition may in fact be emasculated by a partial or inconsistent implementation. Hence, it is not only the formal recognition of the rule of law that matters, but also the emergence on its basis of a social norm of respect and compliance with legal prescriptions. How exactly is a sustainable rule of law formed? Such a formulation of the problem necessarily presupposes an appeal to historical experience to clarify the factors of the stability of the rule of law in some modern societies.
In this article, the author argues the role of the professional community of lawyers in the formation of the desired social norm. The research approach can be called the comparative social history of law, which means the study of law from the perspective of the functions that it performs in society, and in comparing the legal experience of different societies. The criterion for comparison is the ideal type of "learned law", that is, the idea of law as the rules of fair, correct behavior, based on the highest order and interpreted by a professional group of experts. The objects of comparison are the European ius commune and Muslim fiqh.
The first part of the article is devoted to explaining the model of the “learned law” as a typological device of comparison, the second explores to the emergence of the “learned law” in Western Europe in the 12th through 16th centuries and in the Middle East of the 7th through 10th centuries, the third studies the preservation of the “learned law” in Europe during the "long XIX century" and its disappearance in the Middle East. Based on the experience of the development of the “learned law” in Italy, France, Germany, the Ottoman Empire (Turkey), the author shows the general features of the “learned law” in the named countries, the similarity of the process of its creation and dissemination, as well as the difference in the strengthening or loss of its effectiveness in society.
Article devoted to evolution of legal status of Bukharans who lived or was permanently engaged in commerce in Russia (mainly in Urals and Siberia). Russian authorities firstly were interested in Bukharans as intermediaries in trade between Russia and Central Asia and, therefore, gave them different advantages and privileges. But with time such trade became well-developed, and Russia got political interests in Central Asia, that’s why legal regulation of Bukharans’ status was substantially changed and they had to deal in accordance with Russian imperial legislation.
The article is dedicated to the functioning of the law and local government system which was created by the Ottomans to control their Balcan lands. Local conflict management is considered in the multiethnic and multiconfessional environment. The paper also focuses on the synthesis of secular and Islamic traditions in Ottoman legislature, as well as the way law influenced the historical development of the Balcan nations.
Article devoted to analysis the role and significance of Tatar-born Russian officials in gathering information about state and law of the Central Asian khanates – Bukhara, Khiva, Khoqand in the 18th-19th cc. on the examples of M.Bekchurin, M.Aitov and I.Batyrshin. All of them served as officials of the Orenburg Frontier Commission, two of them were diplomats in Bukhara and Khiva, last one contacted with informers from abovementioned khanates. The common feature for them was that they were Turks and Moslems. Firstly that fact provided Central Asian population’s sympathies to them (including favor of representatives of the ruling elites of the khanates) and gave an opportunity to gather more useful information. Secondly, as representatives of the Turkic-Islamic culture they could better understand and estimate the level of political and legal development of the Central Asian khanates and prepare impartial reports for their chiefs. Also it’s necessary to notice that their affiliation with Turkic-Islamic world didn’t influence on quality of fulfillment of missions by such officials: they tried all ways to contribute to realization of the Russian policy in the Central Asia and advance of the Russian Empire in this region.
In his article V.K. Kantor considers complicated relations Russian emigres with these west-european functionaries, who have built organizations, structures, to assist survive Russian intellectuals. Author analyses this problem examining letters of F. Stepun to G. Kullmann. Author also publishes archived letters of Stepun to Kullmann.
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/