Права человека в консервативной политико-правовой мысли России второй половины XIX - начала XX вв.
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.
The author considers the pre-revolutionary Russian academic lawyers' viewpoints on human rights and freedoms: the liberal ideas at the end of the XIXth - the beginning of the XXth century in the studies of B. N. Chicherin, S. A. Muromtsev, N. M. Korkunov, M. M. Kovalevskii and P. I. Novgorodtsev, and the freedom of assembly views of such native political scientists as V. M. Gessen, V. V. Ivanovskii, S. A. Kotlyarevskii, A. I. Elistratov and V. F. Deryuzhinskii.
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.
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.
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.
This book sheds new light on the continuing debate within political thought as to what constitutes power, and what distinguishes legitimate from illegitimate power. This book concludes by arguing that the Russian experience provides a useful lens through which ideas of power and legitimacy can be re-evaluated and re-interpreted, and through which the idea of “the West” as the ideal model can be questioned.
The article concerns the problem of the Russian absolutist monarchy of the XVIII - the beginning of XX-th centuries in a comparative perspective. The social function of absolutism consisted in national integration, cultural unification and social transformation of traditional society by using of legal and coercive measures. The crucial problem is the changing role of the bureaucracy which could be the main protagonist of reforms or, just the opposite – its main opponent. From this point of view the author summarizes positive and negative aspects of absolutist reforms making outlook on the comparative experience of other absolutist empires of Europe and Asia.
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/